Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

10 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

 

InfoUpdate 14 of 2009
Useful Links
and Items of Interest 
 

 
United Kingdom

Banking

Banks to face tougher regulation - 8 July
UK banks will face tougher regulation and consumers will get more protection, under reforms to the financial system proposed by the chancellor. Alistair Darling said the Financial Services Authority (FSA) would have tougher powers to deal with risk-taking in banks and penalise misconduct. The current scheme to compensate savers would be improved, he added. - BBC News website

Firms to reveal complaints data - 9 July
Financial firms will have to publish figures about the complaints made against them, under new proposals from the Financial Services Authority (FSA). It said that the publicity would put pressure on the firms to deal with the complaints more effectively. Until now there has been no obligation on firms to reveal the number of complaints they receive, nor what they did about them. Wednesday's White Paper on financial regulation called for improvements. - BBC News website

Courts

Inside France's 'Barbarians' trial - 9 July
Jurors in the Gang of Barbarians case in Paris are due to deliver their verdict. Youssouf Fofana and 26 other gang members are accused in the brutal murder of a 23-year-old Jewish man in 2006. Emma Jane Kirby has been following the 10-week trial. - BBC News website

Pre-nuptial victory for heiress - 2 July
A court ruling over a divorced couple's pre-nuptial agreement could pave the way for such contracts to become legally binding in England and Wales. Katrin Radmacher, a German heiress, has overturned an earlier court decision to award her ex-husband £5.8m of her £100m fortune despite their agreement. Frenchman Nicolas Granatino had agreed not to make a claim if they divorced. Such contracts are enforceable in Germany, where the couple's was signed, but not in England where they married. They are also enforceable in Mr Granatino's home country. - BBC News website

Sex assault head teacher jailed - 3 July
A primary school head teacher convicted of nine counts of sexually assaulting children in his care has been jailed for two years at Swansea Crown Court. - BBC News website

Cow attack sparks damages concern - 5 July
Farmers have expressed disappointment and concern at a legal ruling in favour of a walker hurt when she was attacked by cows as she crossed a field. Shirlie McKaskie was seriously hurt in Cumbria in 2003 and a judge has ruled the farmer was liable because he had not properly considered the risk. Ms McKaskie is claiming £1m damages but farmer John Cameron is appealing. Dairy farmers said so many fields were open to walkers that such incidents would occur from time to time. Legal sources say the Preston Crown Court judge's decision in favour of Ms McKaskie, who was walking her dog at the time of the May 2003 attack and was rescued by Mr Cameron, could set a legal precedent and mean farmers having to remove their cattle from fields. But the National Farmers' Union said there was nothing in law to prevent farmers putting cattle and calves in fields with public footpaths. - BBC News website

Criminal Justice System

Booth hails Scottish penal reform - 4 July
Cherie Booth QC has singled out aspects of Scotland's prison system for praise in a report produced by the Commission on English Prisons. She chaired the commission behind the report, which called for some English jails to be closed and the number of inmates to be reduced. The wife of former Prime Minister Tony Blair hailed Scottish penal philosophy and the use of community sentences. - BBC News website

Straw refuses Ronnie Biggs parole - 1 July
The Great Train Robber Ronnie Biggs has been refused parole by Justice Secretary Jack Straw. Mr Straw rejected a recommendation by the Parole Board which backed the release of Biggs, 79. Mr Straw said Biggs was "wholly unrepentant" about his actions and had "outrageously courted the media". Biggs' son Michael called for Mr Straw to review the decision. "This is not justice," he said. He said his father was in a "life-threatening" condition. - BBC News website

Lawyers challenge Biggs decision - 3 July
Lawyers for Great Train robber Ronnie Biggs have claimed Justice Secretary Jack Straw acted outside his powers in denying the 79-year-old parole. Biggs's solicitor said laws the minister relied on when making Tuesday's decision were invalid. The lawyers said one had been repealed and the other was overruled by the House of Lords in 2002. The Ministry of Justice said Mr Straw has the power to reject Parole Board recommendations. Biggs is being treated at the Norfolk and Norwich University Hospital. - BBC News website

Education

'No fee degrees' university plan - 8 July
The government is considering "no fee degrees", in which students in England would not pay tuition fees - but would not get any loans or other support. These could be aimed at university students living at home with their parents, allowing them to avoid debt. The proposal is in a draft framework for the future of higher education. - BBC News website

Environment

Prince fears Earth 'catastrophe' - 8 July
The Prince of Wales has issued a fresh warning of environmental catastrophe, telling an audience in London "if we fail the Earth, we fail humanity". He was delivering the 33rd Richard Dimbleby lecture at St James's Palace, in honour of the late broadcaster. The prince's audience included former US President Bill Clinton and the Archbishop of Canterbury. - BBC News website

Government

Bid to delay Standards Bill fails - 8 July
An attempt to delay plans to "clean up" Parliament in the wake of the MPs' expenses scandal has failed. Peers rejected calls to postpone a bill which will set up a new independent body to oversee claims, despite arguments it was being rushed. But a proposed new offence of paid advocacy by MPs has been shelved, ministers have said. And in a further U-turn, the government has agreed that the measure will only affect the Commons, and not the Lords. - BBC News website

Human Rights

Court revokes 'exile' decision - 3 July
A decision by the government to "exile" a terror suspect from London on the basis of secret evidence must be revoked, the High Court has ruled. A judge ruled the decision was flawed because the father of five had not been given enough information to mount a fair defence. But he said he had no choice but to revoke the move because of new rules governing secret evidence. - BBC News website

Court law 'hinders terror police' - 5 July
The government should review the Contempt of Court Act, the UK's former top anti-terror police officer says. Peter Clarke said the law, designed to ensure fair trials by limiting reporting of cases, made it harder for anti-terrorism police to do their jobs. He said if they could not fully explain their actions, it made it difficult for communities to have confidence in them. The Criminal Bar Association disagreed with Mr Clarke, saying the law "should not constitute a problem" for police. The Contempt of Court Act became law in 1981. - BBC News website

Lords reject assisted dying law - 7 July
A move to make it legal to help a terminally ill person to die has been defeated in the House of Lords. The measure would have removed the threat of prosecution from those who go abroad to help an "assisted suicide". It was proposed by former Labour Lord Chancellor Lord Falconer who said there was a legal "no-man's land" that required clarity. At least 115 people from the UK have gone to Swiss clinic Dignitas to die, but as yet no-one has been prosecuted. - BBC News website

Media

Ex-Murdoch editor Andrew Neil : News of the World revelations one of most significant media stories of our time - 9 July
One of Rupert Murdoch's former leading editors said last night the Guardian's revelations of the News of the World's phone hacking represented one of the "most significant media stories of modern times". Andrew Neil, who edited the Sunday Times, said the News of the World did not have a public interest defence for its practices, exposed by the Guardian. Neil said : "I think it is one of the most significant media stories of modern times. It suggests that rather than being a one off journalist or rogue private investigator, it was systemic throughout the News of the World, and to a lesser extent the Sun. - Guardian website

Murdoch papers paid £1m to gag phone-hacking victims - 8 July
Rupert Murdoch's News Group News papers has paid out more than £1m to settle legal cases that threatened to reveal evidence of his journalists' repeated involvement in the use of criminal methods to get stories. The payments secured secrecy over out-of-court settlements in three cases that threatened to expose evidence of Murdoch journalists using private investigators who illegally hacked into the mobile phone messages of numerous public figures to gain unlawful access to confidential personal data, including tax records, social security files, bank statements and itemised phone bills. Cabinet ministers, MPs, actors and sports stars were all targets of the private investigators. - Guardian website

News of the World phone hack claims : who's who
The issue of phone tapping at News of the World came to the fore in 2006, with the arrest, trial and conviction of the newspaper's royal editor Clive Goodman. The matter was considered closed, but three years on, the issue has come back to haunt News International and those initially involved as the authorities try to establish who knew what, when, where and how. - Telegraph website

Lawmakers, celebrities targeted in alleged phone-hacking scandal - 9 July
British lawmakers demanded answers Thursday after a newspaper reported that a UK tabloid illegally hacked the phones of thousands of public figures including Gwyneth Paltrow, George Michael and Elle MacPherson. Earlier Thursday the Guardian reported the cell phones of "several thousand public figures" were hacked into by reporters and staff of the News of the World tabloid during one month in 2006. - CNN website

Stars 'may sue' over phone claim - 10 July
Public figures who believe they were victims of alleged phone hacking by investigators hired by the News of the World are considering suing the paper. One lawyer told the BBC he has had two enquiries and that more celebrities and politicians were seeking advice. In its latest revelations, the Guardian names Manchester United manager Sir Alex Ferguson and former England captain Alan Shearer among those whose messages were allegedly intercepted. Three inquiries have been launched by the director of public prosecutions, the Press Complaints Commission and a Commons select committee. - BBC News website

British authorities open, then shut inquest into News Corp activities - 10 July
London Metropolitan Police opened a preliminary investigation Thursday into the British division of Rupert Murdoch's News Corporation, then closed the case later in the day, citing lack of new evidence to move the inquiry forward. - To the Center website

Double jeopardy principle may save Andy Coulson from the sack, for now - 10 July
Andy Coulson will know that he's broken the first rule of political spin: never become the story yourself. Mr Coulson was editor of the News of the World until he resigned in 2007 after one of his reporters was jailed for hacking into the phone messages of royal aides. He is now David Cameron's director of communications, and when allegations were made yesterday of much more widespread use of bugging at the newspaper, the Conservatives pointed out the claims related to a period after Mr Coulson left office. So Mr Cameron has been stressing that people deserve a second chance, and Mr Coulson's job is safe. But the Commons Culture, Media and Sport Committee is sufficiently concerned to re-open its inquiry into phone tapping. - Wales Online website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society