Legal News

Call for fewer criminals to be jailed ? The Independent

Posted on July 02, 2009
“The prisons system in England and Wales is in crisis, reformers said today, as they called for drastic cuts in the number of criminals jailed.” Full story The Independent, 2nd July 2009 Source: www.independent.co.uk

Heiress wins battle to uphold pre-nuptial contract ? The Times

Posted on July 02, 2009
“A wealthy German heiress worth £100 million today won a Court of Appeal case that will leave her former husband, now an impoverished student, with only maintenance money for his daughters.” Full story The Times, 2nd July 2009 Source: www...

Innocents accused of net piracy ? BBC News

Posted on July 02, 2009
“Some 20 net users have come forward claiming they have been wrongly accused of illegally sharing video games.” Full story BBC News, 2nd July 2009 Source: www.bbc.co.uk

Met slow to change after death of Jean Charles de Menezes, says report ? The Guardian

Posted on July 02, 2009
“Scotland Yard has failed to carry out a series of changes it was ordered to make after disastrous blunders led its officers to kill Jean Charles de Menezes, according to an official report.” Full story The Guardian, 1st July 2009 Source: www...

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House of Lords Judgments: What?s new?

Posted on July 02, 2009
Birmingham City Council (Appellants) v Ali (FC) and others (FC) (Respondents) Moran (FC) (Appellant) v Manchester City Council (Respondents) [2009] UKHL 36 (1 July 2009) SCA Packaging Limited (Appellants) v Boyle (Respondent) (Northern Ireland) [2009] UKHL 37 (1 July 2009) Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent) [2009] UKHL 38 (1 [...

Jack Straw launches first mental health courts ? Ministry of Justice

Posted on July 02, 2009
“Problem-solving courts for offenders with mental health problems or learning disabilities, the first of their kind in England and Wales, were today formally launched by Justice Secretary Jack Straw.” Full story Ministry of Justice, 2nd July 2009 Source: www...

Draft guideline: Overarching principles ? Sentencing youths ? Sentencing Guidelines Council

Posted on July 02, 2009
“On Tuesday 30 June 2009, the Sentencing Guidelines Council published a draft guideline on the principles which apply when courts sentence young offenders. The guideline is set in the context of new laws for sentencing young people which are expected to come into force later this year...

Chartbrook Ltd and another v Persimmon Homes Ltd and another ? WLR Daily

Posted on July 02, 2009
Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223 “The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation...

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) ? WLR Daily

Posted on July 02, 2009
Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37; [2009] WLR (D) 222 “When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be [...

Birmingham City Council v Ali and others; Moran v Manchester City Council (Women?s Aid Federation of England and another intervening) ? WLR Daily

Posted on July 02, 2009
Birmingham City Council v Ali and others; Moran v Manchester City Council (Women?s Aid Federation of England and another intervening) [2009] UKHL 36; [2009] WLR (D) 221 “Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short [...

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch ? WLR Daily

Posted on July 02, 2009
Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 220 “Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in [...

R (Allen) v Inner North London Coroner ? WLR Daily

Posted on July 02, 2009
R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219 “An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights [...

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another ? Times Law Reports

Posted on July 02, 2009
Chartbrook Ltd and Another v Persimmon Homes Ltd and Another House of Lords “There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant...

Sarcastic, rude: is this the way to question child witnesses? ? The Times

Posted on July 02, 2009
“The cross-examination of the four- year-old girl in the Baby Peter-related rape trial raised uncomfortable questions about how the justice system treats child witnesses.” Full story The Times, 2nd July 2009 Source: www.timesonline.co.uk

Ronnie Biggs to remain in jail ? The Guardian

Posted on July 02, 2009
“Ronnie Biggs, the man at the centre of Britain’s great train robbery, will remain in prison after the justice secretary, Jack Straw, refused to grant him parole.” Full story The Guardian, 1st July 2009 Source: www.guardian.co.uk

Unsolicited credit card cheques to be banned ? The Independent

Posted on July 02, 2009
“The Government will today set out details of its plan to ban lenders from sending out unsolicited credit card cheques to consumers. The Government will today set out details of its plan to ban lenders from sending out unsolicited credit card cheques to consumers...

Blow to politics clean-up bill as MPs defend parliamentary privilege ? The Guardian

Posted on July 02, 2009
“The government’s efforts to rush through emergency legislation to clean up politics tonight took a second knock in as many days as it was defeated in its attempts to make it easier to secure prosecutions in alleged cases of ‘cash for questions’...

Amending the law on the DNA database needs proper scrutiny ? The Times

Posted on July 02, 2009
“Last December the European Court of Human Rights decided in S and Marper v The United Kingdom that the retention by the State of DNA profiles is a breach of Article 8 of the European Convention on Human Rights. That is because information about people arrested for, or charged with, an offence but not subsequently [...

Early process evaluation of the Public Law Outline in family courts ? Ministry of Justice

Posted on July 01, 2009
“A report presenting an early stage process evaluation of the Public Law Outline in family courts.” Full press release Ministry of Justice, 1st July 2009 Source: www.justice.gov.uk

Regina v James (Daniel) ? Times Law Reports

Posted on July 01, 2009
Regina v James (Daniel) Court of Appeal “A member of the Armed Forces, however junior, serving abroad in a theatre of military operations, who chose to disclose information which might be of use to an enemy of the United Kingdom, or prejudicial to the interest and safety of his colleagues serving in a war zone, must expect [...

Regina v Clarke (Joseph) ? Times Law Reports

Posted on July 01, 2009
Regina v Clarke (Joseph) Court of Appeal “Where a defendant had been sentenced to an absolute or conditional discharge, the crown court had no power to impose a confiscation order.” The Times, 1st July 2009 Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted on July 01, 2009
Court of Appeal (Civil Divsion) Ministry of Defence v Radclyffe [2009] EWCA Civ 635 (30 June 2009) Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009) High Court (Commercial Court) Noble Resources SA & Anor v Gross [2009] EWHC 1435 (Comm) (19 June 2009) Jivraj v Hashwani [2009] EWHC 1364 (Comm) (26 June 2009) Cooper [...

SmithKline Beecham plc and others v Avery and others ? WLR Daily

Posted on July 01, 2009
SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218 “The word ‘person’  in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its [...

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another ? WLR Daily

Posted on July 01, 2009
Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another UKEAT/286/08; [2009] WLR (D) 217 “The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ’service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish [...

Hartlepool Borough Council v Llewellyn ? WLR Daily

Posted on July 01, 2009
Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216 “Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears...

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch ? WLR Daily

Posted on July 01, 2009
Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 215 “Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in [...

Progress Property Co Ltd v Moore and another ? WLR Daily

Posted on July 01, 2009
Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214 “The sale of a company?s assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the [...

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department ? WLR daily

Posted on July 01, 2009
EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213 “The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a [...

Recent Statutory Instruments ? OPSI

Posted on July 01, 2009
The Mid Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 2009 The Pension Protection Fund (Entry Rules) (Amendment) Regulations 2009 The Childcare (Provision of Information About Young Children) (England) Regulations 2009 The School Organisation and Governance (Amendment) (England) Regulations 2009 The Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2009 The Education (Assisted Places) (Amendment) (England) Regulations 2009 The Education [...

Youth Crime Action Plan ? responses to consultation ? Ministry of Justice

Posted on July 01, 2009
“The government has published a summary of the responses to its consultation on the Youth Crime Action Plan issued on 16 July 2008.” Full press release Ministry of Justice, 25th June 2009 Source: www.justice.gov.uk

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