R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd October 2008

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.

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – WLR Daily

Posted October 24th, 2008 in Chagos Islands, law reports, prerogative powers by sally

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322

“Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

WLR Daily, 23rd October 2008

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 M (Restraint order: Jurisdiction) – Times Law Reports

Posted October 24th, 2008 in contempt of court, jurisdiction, law reports, restraint orders by sally

Regina v M (Restraint order: Jurisdiction)

Court of Appeal

“A trial judge did have jurisdiction to try an application by the prosecution for a defendant to be committed for contempt for allegedly breaching a restraint order.”

The Times, 24th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

EM (Lebanon) v Secretary of State for the Home Department – Times Law Reports

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

EM (Lebanon) v Secretary of State for the Home Department

House of Lords

“The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom’s obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country.”

The Times, 24th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Legal defeat for neighbours who complain of pub and church bell noise – Daily Telegraph

Posted October 24th, 2008 in news, noise by sally

“People who buy homes near church bells or cricket pitches then complain about the noise should just tolerate it, the High Court has ruled.”

Full story

Daily Telegraph, 24th October 2008

Source: www.telegraph.co.uk

Isle of Man’s Kaupthing Singer & Friedlander investors plan legal action – The Times

Posted October 24th, 2008 in banking, news by sally

“Thousands of depositors who held more than £800 million in offshore accounts with Kaupthing Singer & Friedlander, the failed Icelandic-owned bank, are preparing to take legal action to get their money back.”

Full story

The Times, 24th October 2008

Source: www.timesonline.co.uk

Violent crime underestimated for 10 years – The Independent

Posted October 24th, 2008 in crime, news, police, statistics by sally

“Police have been under-recording the most serious violent crimes for up to a decade, the Home Office admitted, as figures revealed an apparent 22 per cent increase in incidents this year. Conservatives said the Government’s claims to have cut crime were ‘fatally undermined’ as reports of violent crimes from murders to grievous bodily harm leapt during the year to June, after officials discovered hundreds of incidents had been wrongly recorded by a string of police forces. As many as 13 forces had been recording offences of grievous bodily harm with intent in a lower category, when they should have been included in figures for the most serious offences.”

Full story

The Independent, 24th October 2008

Source: www.independent.co.uk

Woman’s ear sliced for £10 debt – BBC News

Posted October 24th, 2008 in drug offences, news, wounding by sally

“A drug dealer has been found guilty of cutting part of a woman’s ear off because she owed him £10.”

Full story

BBC News, 23rd October 2008

Source: www.bbc.co.uk

Man sued for libel over comments on eBay – Daily Telegraph

Posted October 24th, 2008 in defamation, internet, news by sally

“A man is being threatened with a libel action after posting critical comments on the internet about an eBay user who sold him a mobile phone.”

Full story

Daily Telegraph, 23rd October 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted October 23rd, 2008 in legislation by sally

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008

The Plant Health (England) (Amendment) (No. 2) Order 2008

The NHS Direct National Health Service Trust (Establishment) Amendment Order 2008

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) (Revocation and Re-enactment) Order 2008

The Legislative Reform (Verification of Weighing and Measuring Equipment) Order 2008

Source: www.opsi.gov.uk

Liberty assists two Algerians in Lords appeal against deportation – The Times

Posted October 23rd, 2008 in deportation, news, torture by sally

“Two Algerians who are facing deportation despite fears that they may face ill-treatment or torture if returned lodged an appeal in the House of Lords today.”

Full story

The Times, 23rd October 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 23rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Jeleniewicz v Secretary of State for Work and Pensions [2008] EWCA Civ 1163 (23 October 2008)

James v Blockbuster Entertainment Ltd [2008] EWCA Civ 1158 (23 October 2008)

Harding v Revenue & Customs [2008] EWCA Civ 1164 (23 October 2008)

Parris v Williams [2008] EWCA Civ 1147 (23 October 2008)

Ashwell Property Group Plc & Anor v Cambridge City Council [2008] EWCA Civ 1151 (22 October 2008)

High Court (Chancery Division)

Abacrombie & Co Ltd, Re [2008] EWHC 2520 (Ch) (23 October 2008)

Law Society of England and Wales & Ors v Wemyss & Ors [2008] EWHC 2515 (Ch) (23 October 2008)

High Court (Queen’s Bench Division)

Clifford v Hertfordshire Constabulary [2008] EWHC 2549 (QB) (23 October 2008)

High Court (Administrative Court)

MH & Ors v Secretary of State for the Home Department [2008] EWHC 2525 (Admin) (23 October 2008)

Friends of the Earth & Anor v Secretary of State for Business Enterprise and Regulatory Reform & Anor [2008] EWHC 2518 (Admin) (23 October 2008)

Platts v Coroner for South Yorkshire (East District) [2008] EWHC 2502 (Admin) (02 October 2008)

Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 2500 (Admin) (09 October 2008)

High Court (Commercial Court)

Youell & Ors v La Reunion Aerienne & Ors [2008] EWHC 2493 (Comm) (22 October 2008)

Source: www.bailii.org

Salaries for in-house lawyers defy downturn – The Times

Posted October 23rd, 2008 in legal profession, news, remuneration by sally

“Salaries for lawyers at the UK’s top companies are defying the economic downturn, according to new research, rising comfortably ahead of inflation.”

Full story

The Times, 23rd October 2008

Source: www.timesonline.co.uk

Future lawyers get ‘life coaches’ to remove barriers to law – Ministry of Justice

Posted October 23rd, 2008 in legal education, legal profession, news by sally

“Budding lawyers seeking advice and support in their efforts to join the legal profession will be helped by a government initiative launched today by Justice Minister Lord Bach.”

Full story

Ministry of Justice, 23rd October 2008

Source: www.justice.gov.uk

Sharia law incompatible with human rights legislation, Lords say – The Guardian

Posted October 23rd, 2008 in islamic law, news by sally

“The House of Lords today drew stark attention to the conflict between sharia and UK law, calling the Islamic legal code ‘wholly incompatible’ with human rights legislation.”

Full story

The Guardian, 23rd October 2008

Source: www.guardian.co.uk

IP and media regulation will be examined in digital review – OUT-LAW.com

Posted October 23rd, 2008 in copyright, media, news, telecommunications by sally

“Copyright laws and the way that media and telecoms services are regulated could be due for change under a review the Government will conduct into the UK’s digital economy. Ex-chief executive of Ofcom Stephen Carter will conduct the review.”

Full story

OUT-LAW.com, 23rd October 2008

Source: www.out-law.com

Public Guardian begins review of impact of Mental Capacity Act – Ministry of Justice

Posted October 23rd, 2008 in news, powers of attorney by sally

“Plans to reduce the fees and simplify the forms for people making Lasting Powers of Attorney were part of proposals announced today in a public consultation by Public Guardian Martin John.”

Full story

Ministry of Justice, 23rd October 2008

Source: www.justice.gov.uk

Fuel poverty campaigners lose high court bid – The Guardian

Posted October 23rd, 2008 in elderly, energy, judicial review, news by sally

“Campaigners failed today in a high court bid to force the government to spend more to end fuel poverty.”

Full story

The Guardian, 23rd October 2008

Source: www.guardian.co.uk

Library Newsletter

Posted October 23rd, 2008 in news by sally

A new issue of the Library’s Newsletter is now available, in two formats: PDF and Word.

This issue contains news about the revised Library resources for the Bar and other library guides, Legal Research FAQs on EU law, and Wi-Fi access in the Library; also articles on the Parliaments section of AccessToLaw, new acquisitions, the late Edward Grayson, and John Playford and his Dancing Master.

To access the current newsletter, click on the link below and then select PDF or Word format.

http://www.innertemplelibrary.org.uk/newsletter/current/default.htm

Violent crimes have been ‘under-recorded’ – The Independent

Posted October 23rd, 2008 in crime, news, statistics, violence by sally

“Some police forces have been failing to record serious violent crime properly, the Home Office said today, as it reported an increase of 22 per cent this year.”

Full story

The Independent, 23rd October 2008

Source: www.independent.co.uk