January 2011 – Page 5 – Current Awareness

“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”

WLR Daily, 21st Janaury 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Twomey and others (No 2) – WLR Daily

Posted January 24th, 2011 in intimidation, juries, law reports, public interest immunity, trial without jury by sally

Regina v Twomey and others (No 2) [2011] EWCA Crim 8; [2011] WLR (D) 10

“The question whether a trial should proceed as a trial by judge and jury or trial by judge alone was concerned exclusively with the mode of trial, and the process of deciding whether the guilt of the defendant was established was entirely distinct from the question of how the tribunal responsible for making that decision was constituted.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

TW v A City Council – WLR Daily

Posted January 24th, 2011 in citations, law reports, practice directions by sally

TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9

“The profession needed to be reminded that the relevant authorities should be copied from the official Law Reports (published by the Incorporated Council of Law Reporting for England and Wales), and only if not should reports from the All England Law Reports (‘All ER’) or a specialist law report series be included. In addition if a case was reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. British and Irish Legal Information Institute (‘BAILII’) judgments (with neutral citation numbers) should only be used if no other recognised reports were available.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Swain-Mason and others v Mills & Reeve (a firm) – WLR Daily

Posted January 24th, 2011 in amendments, civil procedure rules, law reports, pleadings by sally

Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D)

“In determining whether to grant a late application to amend a pleading a balance was always to be struck. The court was concerned with doing justice, but justice to all litigants, and thus where a last-minute amendment was sought the onus would be heavy on the amending party to show the strength of the new case and why justice to him, his opponent and other litigants required him to be able to pursue it.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Iqbal (Shaid) – WLR Daily

Posted January 24th, 2011 in escape from custody, law reports, police by sally

Regina v Iqbal (Shaid) [2011] WLR (D) 6

“The common law offence of escape from lawful custody did not cover those who escaped from detention or control before they were arrested.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Already-published information ensures anonymity for privacy case subject, rules court – OUT-LAW.com

Posted January 24th, 2011 in anonymity, blackmail, news, privacy by sally

“The identity of a person at the centre of an alleged photograph and video blackmail attempt can stay anonymous, the High Court has ruled. Anonymity is required because some information about the case is already in the public domain, it said.”

Full story

OUT-LAW.com, 24th January 2011

Source: www.out-law.com

High risk criminals given community orders – Daily Telegraph

Posted January 24th, 2011 in community service, dangerous offenders, news, sentencing by sally

“Thousands of dangerous criminals are handed community sentences every year despite being a high risk to the public, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 24th January 2011

Source: www.telegraph.co.uk

Intelligence agencies go to supreme court over ruling on secret evidence – The Guardian

Posted January 24th, 2011 in disclosure, evidence, intelligence services, news, torture by sally

“MI5 and MI6 will argue in a test case before the supreme court tomorrow that in future no intelligence gathered abroad, even if initially obtained through torture, should ever be disclosed in a British court.”

Full story

The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Legal aid change prompts concerns in Wales – BBC News

Posted January 24th, 2011 in legal aid, news, Wales by sally

“Legal professionals in Wales have expressed concerns about reforms to the legal aid system.”

Full story

BBC News, 23rd Janaury 2011

Source: www.bbc.co.uk

Gay couple’s hotel battle is latest case of religion clashing with human rights – The Guardian

Posted January 24th, 2011 in Christianity, human rights, news, sexual orientation discrimination by sally

“Stephen Preddy and Martyn Hall’s legal victory against a Christian hotel that refused them a double room is part of a growing trend of cases that pit faith against discrimination.”

Full story

The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Koran-protest US pastor Terry Jones banned from UK – Daily Telegraph

Posted January 21st, 2011 in freedom of expression, immigration, inciting religious hatred, news by sally

“The American pastor who sparked a global controversy when he threatened to burn the Koran has been banned from entering Britain by the Home Office.”

Full story

Daily Telegraph, 19th January

Source: www.telegraph.co.uk

Dog row shooting neighbour jailed for 18 years – BBC News

Posted January 21st, 2011 in attempted murder, attempts, firearms, murder, news, sentencing by sally

“A man who shot his neighbours in a row over their Rottweiler-mastiff dog has been jailed for 18 years.”

Full story

BBC News, 21st January 2011

Source: www.bbc.co.uk

Rochdale child rapist Neil Traynor jailed indefinitely – BBC News

Posted January 21st, 2011 in child abuse, news, sentencing, sexual offences by sally

“A 35-year-old man has been jailed indefinitely for sexually abusing two young girls in Rochdale.”

Full story

BBC News, 21st January 2011

Source: www.bbc.co.uk

Terror suspect Abid Naseer US extradition approved – BBC News

Posted January 21st, 2011 in extradition, news, terrorism by sally

“A judge in London has approved the extradition to the US of an alleged al-Qaeda operative accused of planning attacks in the UK and America.”

Full story

BBC News, 21st January 2011

Source: www.bbc.co.uk

How to prepare for a pupillage interview – The Guardian

Posted January 21st, 2011 in news, pupillage by sally

“East Anglian Chambers barrister Rupert Myers is responsible for interviewing pupillage applicants. He passes on some tips.”

Full story

The Guardian, 21st January 2011

Source: www.guardian.co.uk

Brother of Harry Potter star jailed for attacking her – Daily Telegraph

Posted January 21st, 2011 in assault, domestic violence, news, sentencing by sally

“The brother of a Harry Potter star has been jailed for six months for a ‘prolonged and nasty’ attack in which she was beaten and branded a ‘slag’ for dating a non-Muslim.”

Full story

Daily Telegraph, 21st January 2011

Source: www.telegraph.co.uk

Former Harlequins physio Steph Brennan overturns Bloodgate ban – The Guardian

Posted January 21st, 2011 in disciplinary procedures, news, physiotherapists, professional conduct, sport by sally

“The former Harlequins physiotherapist Steph Brennan has won a high court battle over the Health Professions Council’s decision to strike him off for his part in the Bloodgate affair.”

Full story

The Guardian, 21st January 2011

Source: www.guardian.co.uk