Legal News

Midgulf International Ltd v Groupe Chimique Tunisien ? WLR Daily

Posted on February 12, 2010
Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66; [2010] WLR (D) 34 “Where the court had found that there was a valid contract governed by English law to conduct arbitration of disputes in England, it would be inappropriate for one party to the contract to seek a foreign court to declare that there [...

Irish Reel Productions Ltd v Capitol Films Ltd ? WLR daily

Posted on February 12, 2010
Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch); [2010] WLR (D) 33 “Where a person presented a winding up petition and appeared at the hearing of an administration application the court had jurisdiction to order that the costs of prosecuting the petition were payable as an expense of the administration...

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) ? WLR Daily

Posted on February 12, 2010
In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) [2010] WLR (D) 32 “When a court was considering an application for leave to apply to discharge a special guardianship order pursuant to s 14D(5) of the Children Act 1989 it was important to adopt the correct approach to the question [...

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) ? WLR Daily

Posted on February 12, 2010
R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31 “As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation [...

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LCJ warns of ?undoubted danger? to administration of justice ? Law Society?s Gazette

Posted on February 12, 2010
“The lord chief justice has warned that budgetary pressures on the prosecution and the courts are having a ?very real impact? on the administration of justice and said there is ?an undoubted danger? that the situation could worsen.” Full story Law Society’s Gazette, 11th February 2010 Source: www...

Bar Council chairman talks about plans to combat potentially ?devastating? threats ? Law Society?s Gazette

Posted on February 12, 2010
“Stability and modernisation are the key themes of Nick Green QC?s tenure as the recently installed chairman of the Bar Council. Stability in respect of the publicly funded bar, and modernisation in so far as the bar must urgently adapt to a ?fast-moving and changing legal landscape?...

Criminal law: use of hearsay evidence; professional conduct ? Law Society?s Gazette

Posted on February 12, 2010
“The Supreme Court in R v Horncastle [2009] UKSC14 has upheld the decision of the Court of Appeal that, in appropriate circumstances, the Crown may rely wholly or mainly on hearsay evidence to establish its case. The Court of Appeal had, however, emphasised the need to check the reliability of the hearsay evidence in such [...

Community, confidence, the magistracy and the right to a fair trial ? speech by Nicholas Moss, JP

Posted on February 12, 2010
“Community confidence, the magistracy and the right to a fair trial – lecture to University of Hertfordshire, School of Law, St Albans, 9th February 2010.” Full speech Judiciary of England and Wales, 12th February 2010 Source: www.judiciary...

Equality watchdog faces multiple sexism accusations ? The Guardian

Posted on February 12, 2010
“The government’s equalities watchdog, set up to promote human rights and tackle discrimination, has been the ­subject of 15 employment tribunals in which it has been accused of ­sexism, racism and ­discriminating against pregnant women, according to the latest figures...

Hospice volunteer from Birmingham possessed child porn ? BBC News

Posted on February 12, 2010
“A hospice volunteer in Birmingham has been given a community sentence after he was found with 40,530 pornographic images, many of which were of children.” Full story BBC News, 11th February 2010 Source: www.bbc.co.uk

New powers to crack down on lap-dancing clubs ? BBC News

Posted on February 12, 2010
“New powers to control lap-dancing clubs are being given to councils in England and Wales, the Home Office has said.” Full story BBC News, 12th February 2010 Source: www.bbc.co.uk

Sex attacker jailed and banned from Tube ? The Independent

Posted on February 12, 2010
“A sex attacker who targeted women on the London Underground in ‘vigorous and frenzied’ assaults was jailed for three years today and banned from the Tube.” Full story The Independent, 11th February 2010 Source: www.independent...

Rooney due to give evidence in £4.3m fight ? The Independent

Posted on February 12, 2010
“Wayne Rooney will give evidence in court later today as he fights a £4.3 million lawsuit. The Manchester United and England striker will be questioned over his involvement with controversial football agent Paul Stretford, who represented the player for six years...

Church of England General Synod extends pension rights for gay partners ? The Guardian

Posted on February 12, 2010
“The Church of England may not allow its clergy to have their civil ­partnerships blessed in church but it voted tonight to allow the survivors of same-sex ­partnerships the same pension rights as other spouses. The church’s General Synod, meeting in London, voted in favour of what supporters of the move described as ­big-heartedness at [...

Prosthetics expert struck off after giving patient two left feet ? The Guardian

Posted on February 12, 2010
“An expert in prosthetics who gave an elderly patient two left feet by fitting the wrong artificial limb has been struck off after he admitted a series of misconduct allegations. Malcolm Griffiths fitted a left-footed lower limb instead of a new right leg to Patrick Morrison, 76, an amputee from Bathgate in West Lothian, and [...

Curry killer Lakhvir Kaur Singh sentenced to 23 years in prison ? The Times

Posted on February 12, 2010
“A spurned woman who laced a former lover?s curry with a deadly ancient herb was given a life sentence yesterday for his murder. Lakhvir Kaur Singh, 40, a mother-of-three, killed Lakhvinder Cheema when he broke off their 16-year affair and told her he was marrying a younger woman...

Men jailed over Blackpool flat stab murder ? BBC News

Posted on February 12, 2010
“Two men have been jailed after being found guilty of murdering a man in his Lancashire home.” Full story BBC News, 12th February 2010 Source: www.bbc.co.uk

Ruthless ?inseparable trio? jailed for life ? The Independent

Posted on February 12, 2010
“An ‘inseparable trio of hardcore criminal gang members’ who stole more than £1 million from a Securitas van and conspired to murder a 40-year-old man were jailed for life today.” Full story The Independent, 12th February 2010 Source: www...

County Durham torture murderer jailed for life ? BBC News

Posted on February 12, 2010
“A man convicted of helping torture to death his ex-lover’s partner in County Durham has been sentenced to life in prison, with a minimum of 20 years.” Full story BBC News, 12th February 2010 Source: www.bbc.co.uk

Ex Cookham Wood inmate wins cancer damages case ? BBC News

Posted on February 12, 2010
“A woman who developed breast cancer while in prison has won a High Court negligence claim after medical staff failed to diagnose the disease.” Full story BBC News, 12th February 2010 Source: www.bbc.co.uk

Student jailed for G20 window smashing ? The Independent

Posted on February 12, 2010
“A student who threw a computer monitor through a bank window as part of last year’s G20 protests was jailed for two-and-a-half years today.” Full story The Independent, 12th February 2010 Source: www.independent.co.uk

Pubs win court battle over music charges ? The Independent

Posted on February 12, 2010
“The catering trade and retailers won their court battle today over the charges they pay for playing recorded music.  High Court judge Mr Justice Arnold upheld a ruling from a Copyright Tribunal which the Institute of Licensing said will mean pubs, hotels and restaurants across Britain will now receive up to £20 million in refunds...

Woman lied over rape claims against ?mystery stalker? ? The Guardian

Posted on February 12, 2010
“A woman was today found guilty of perverting the course of justice by telling police she had been raped twice and harassed by a mystery stalker.” Full story The Guardian, 12th February 2010 Source: www.guardian.co.uk

Recent Statutory Instruments ? OPSI

Posted on February 11, 2010
The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) Order 2010 The Valuation for Rating (Plant and Machinery) (Wales) (Amendment) Regulations 2010 The Private Water Supplies (Wales) (Amendment) Regulations 2010 The Scottish Register of Tartans Act 2008 (Consequential Modifications) Order 2010 The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2010 The Mercury Export and Data (Enforcement) Regulations 2010 Source: www...

Tougher rules for foreign students ? UK Border Agency

Posted on February 11, 2010
“Foreign students from outside Europe wanting to come to the UK to study will be required to meet stricter entry criteria, the Home Secretary announced today.” Full press release UK Border Agency, 10th February 2010 Source: www.ukba.homeoffice...

Bar Council launches Judicial Review of Government?s Consultations on Criminal Legal Aid ? The Bar Council

Posted on February 11, 2010
“In accordance with the Pre-Action Protocol for Judicial Review Claims, solicitors acting for the Bar Council have today written to the Legal Aid Minister, Lord Bach and to the Chairman of the Legal Services Commission, Sir Bill Callaghan in order to advance proceedings for judicial review of the Government?s consultations on criminal legal aid...

OFT to test e-commerce contracts for fairness ? OUT-LAW.com

Posted on February 11, 2010
“Consumer protection regulator the Office of Fair Trading (OFT) has launched an investigation into whether complex contracts for goods and services are unfair to consumers. The investigation will particularly focus on online transactions.” Full story Out-Law...

R v Hancox and another ? WLR Daily

Posted on February 11, 2010
R v Hancox and another [2010] EWCA Crim 102; [2010] WLR (D) 30 “The interference that the imposition of a serious crime prevention order would make to a defendant?s freedom of action had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough [...

R v Carter (David) ? WLR Daily

Posted on February 11, 2010
R v Carter (David) [2010] WLR (D) 29 “Where a member of the jury had to be discharged, at whatever stage of the trial, there was no requirement that the remaining members of the jury be directed to ignore the views expressed on any subject by the departed juror...

McInnes v HM Advocate ? Times Law Reports

Posted on February 11, 2010
McInnes v HM Advocate Supreme Court “When considering whether a criminal conviction in Scotland should be overturned because of a failure by the Crown to disclose witness statements to the defence, the question for the High Court of Justiciary to consider was whether, taking all the circumstances of the trial into account, there was a real possibility [...

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