Legal News

Prisoners may be unpopular but they should still vote ? The Times

Posted on May 10, 2010
“In October 2005, the Grand Chamber of the European Court of Human Rights decided that it is a breach of the European Convention on Human Rights for this country to disenfranchise all prisoners from voting in parliamentary and local elections.  At today?s general election, four and a half years later, that absolute ban persists...

Regina v Neish ? WLR Daily

Posted on May 10, 2010
Regina v Neish [2010] EWCA Crim 1011; [2010] WLR (D) 116 “The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 [...

Regina v Cooper (John) ? WLR Daily

Posted on May 10, 2010
Regina v Cooper (John) [2010] EWCA Crim 979; [2010] WLR (D) 115 “Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence...

Record £105m legal cost claim in ?toxic waste? case ? The Independent

Posted on May 10, 2010
“The London-based law firm which pursued the action against oil trading giant Trafigura over the alleged dumping of toxic waste in the Ivory Coast has claimed a record £105 million in costs.” Full story The Independent, 10th May 2010 Source: www...

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Ex-coach jailed for drug rape attempt on girl, 12 ? BBC News

Posted on May 10, 2010
“A former girls’ football team coach has been jailed for six years for spiking a girl’s drink with a drug during a day trip to a theme park.” Full story BBC News, 10th May 2010 Source: www.bbc.co.uk

Risk of lawyer uninsurability ahead of SRA reform ? The Lawyer

Posted on May 10, 2010
“Lawyers could become an uninsurable risk if the Solicitors Regulation Authority (SRA) fails to reform the professional indemnity (PI) insurance regulations.” Full story The Lawyer, 10th May 2010 Source: www.thelawyer.com

BAILII: Recent Decisions

Posted on May 10, 2010
High Court (Administrative Court) Public & Commercial Services Union, R (on the application of) v Minister for the Civil Service [2010] EWHC 1027 (Admin) (10 May 2010) BX v Secretary of State for the Home Department [2010] EWHC 990 (Admin) (10 May 2010) S v Northampton Crown Court & Anor [2010] EWHC 723 (Admin) (07 [...

KFC fined after cockroach seen eating chip ? The Guardian

Posted on May 10, 2010
“Kentucky Fried Chicken (KFC) has been ordered to pay out almost £19,000 after a cockroach was found eating a chip in one of the busiest branches in Britain.” Full story The Guardian, 10th May 2010 Source: www.guardian.co.uk

BNP faces legal threat amid new racism claims over redrafted constitution ? The Guardian

Posted on May 10, 2010
“The British National party faces the prospect of renewed legal action from the government’s equalities watchdog over allegations that it has failed to remove potentially racist clauses from its constitution. The court case could potentially see the BNP’s leader, Nick Griffin, jailed or fined for contempt of court, or see party assets seized, lawyers believe...

Civil servants win redundancy pay court challenge ? The Guardian

Posted on May 10, 2010
“A union today won its court case to block cost-cutting measures that threaten the level of redundancy pay for civil servants. Lawyers for the Public and Commercial Services Union (PCS) successfully argued that changes made to the Civil Service Compensation Scheme without agreement were unlawful...

BAILII: recent Decisions

Posted on May 07, 2010
High Court (Administrative Court) Berners, R (on the application of) v Council of the Criminal Matters Court Regional Court of Riga Latvia [2010] EWHC 1010 (Admin) (07 May 2010) High Court (Queen’s Bench Division) Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010) Source: www...

Regina (Clue) v Birmingham City Council and Others ? Times Law Reports

Posted on May 07, 2010
Regina (Clue) v Birmingham City Council and Others Court of Appeal “A local authority was not entitled to decide how the Secretary of State for the Home Department might dispose of an application for leave to remain in the United Kingdom.” The Times, 7th May 2010 Source: www...

Al Rawi and Others v Security Service and Others ? Times Law Reports

Posted on May 07, 2010
Al Rawi and Others v Security Service and Others Court of Appeal “The principle that a litigant should be able to see and hear all the evidence, seen and heard by a court determining his case, was so fundamental and so embedded in the common law, that, in the absence of parliamentary authority, it should [...

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party ? Times Law Reports

Posted on May 07, 2010
Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party Case C-62/09 Court of Justice of the European Union “European Union law did not prevent national health authorities from introducing financial incentive schemes aimed at replacing the prescription of certain medicines by other [...

NML Capital Ltd v Republic of Argentina ? Times Law Reports

Posted on May 07, 2010
NML Capital Ltd v Republic of Argentina Court of Appeal “An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce [...

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others ? WLR Daily

Posted on May 07, 2010
Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others [2010] EWCA Civ 486; [2010] WLR (D) 114 “The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the [...

Farstad Supply AS v Enviroco Ltd ? WLR Daily

Posted on May 07, 2010
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113 “A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties [...

Regina v Y (A) ? WLR Daily

Posted on May 07, 2010
Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112 “Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting [...

Al Rawi and others v Security Service and others ? WLR daily

Posted on May 07, 2010
Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111 “It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a [...

Man jailed for killing fundraiser in Cwmbran ? BBC news

Posted on May 07, 2010
“A steelworker has been jailed for three years after killing a financial adviser who was out fundraising with his friends for a local football team.” Full story BBC News,6th May 2010 Source: www.bbc.co.uk

Holyhead sex abuse traffic warden jailed ? BBC News

Posted on May 07, 2010
“A traffic warden and ex-rugby referee has been jailed for two-and-a-half years for sexually abusing two girls.” Full story BBC News, 6th May 2010 Source: www.bbc.co.uk

Northampton man banned from wearing skirt breached Asbo ? BBC News

Posted on May 07, 2010
“A man banned from wearing skirts or showing bare legs on school days has been found guilty of breaching an Asbo.” Full story BBC News, 6th May 2010 Source: www.bbc.co.uk

Goodwin?s key ally faces ban as FSA closes in ? The Times

Posted on May 07, 2010
“A key lieutenant of Sir Fred Goodwin at Royal Bank of Scotland is facing a formal City ban in the wake of a long-running investigation into his conduct. The Financial Services Authority is understood to be close to publishing an enforcement ruling on Johnny Cameron, who ran RBS?s investment banking division in the run-up to [...

Family of man whose fatal disease was missed by doctors to sue NHS ? Daily Telegraph

Posted on May 07, 2010
“The family of a man who died in agony after doctors repeatedly mistook a fatal bowel infection for a groin strain are to sue the NHS.” Full story Daily Telegraph, 7th May 2010 Source: www.telegraph.co.uk

Maclaren payout to children injured by pushchairs ? The Times

Posted on May 07, 2010
“The pushchair manufacturer Maclaren has agreed to pay compensation to more than 40 British children who suffered injuries in their buggies.” Full story The Times, 6th May 2010 Source: www.timesonline.co.uk

Recent Statutory Instruments ? OPSI

Posted on May 07, 2010
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Period and Appropriate Officer) (Wales) Regulations 2010 The Dormant Bank and Building Society Accounts Act 2008 (Prescribed Restrictions) (Wales) Order 2010 Source: www.opsi.gov.uk

Football fan Garry Mann ?devastated? to lose extradition battle ? Independent

Posted on May 07, 2010
“England football fan Garry Mann was left ‘devastated’ today as he lost his final legal battle against extradition to Portugal, where he faces a two-year jail sentence.” Full story The Independent, 7th May 2010 Source: www.independent...

Smuggler of endangered birds? eggs avoids jail ? The Guardian

Posted on May 07, 2010
“An obsessive smuggler of wild birds’ eggs has avoided jail, to the disappointment of the Royal Society for the Protection of Birds, whose staff helped to track down his hoard.” Full story The Guardian, 7th May 2010 Source: www.guardian...

Law Society seeks to block privilege for non-lawyers ? Law Society?s Gazette

Posted on May 06, 2010
“The Law Society has been granted permission to intervene in a Court of Appeal case that could see legal professional privilege (LPP) extended to non-lawyers.” Full story Law Society’s Gazette, 6th May 2010 Source: www.lawgazette.co...

Father killed newborn daughter first time they were left alone ? The Guardian

Posted on May 06, 2010
“A man who killed his newborn daughter the first time he was left alone with her has been jailed for five years.” Full story The Guardian, 6th May 2010 Source: www.guardian.co.uk

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