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

14 August 2009

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

 

InfoUpdate 18 of 2009
Useful Links
and Items of Interest 
 

United Kingdom

Courts

Minister defends forces cash move - 3 August
Armed Forces Minister Bill Rammell has defended the government's decision to appeal against compensation given to two wounded soldiers. He said accepting the payouts would have been "unfair and disadvantaging" to more seriously injured personnel. - BBC News website

Criminal Justice System

New bid to cut youth re-offending - 3 August
More than £8m will be spent over the next two years in a bid to reduce youth re-offending in England and Wales, the government has announced. Justice Minister Claire Ward said the money will be spent on resettlement programmes for young offenders when they leave prison.Latest figures show that the frequency of youth re-offending has fallen by over 23% and a drop of 10% in the number of young people entering the criminal justice system. - BBC News website

Probationers commit murder a week - 31 July
Criminals on probation committed more than 1 000 serious crimes over the last two years, including nearly one murder a week in England and Wales. The government figures give details of the 1 167 offences committed by people being supervised by probation officers. The total included 94 murders, 105 rapes and 43 arson attacks. - BBC News website

Appeals extend 52 jail sentences - 4 August
More than 50 criminals had their sentences increased last year after they were found to be "unduly lenient", the Attorney General's Office has said. - BBC News website

Minister visits Lockerbie bomber - 4 August
Scotland's justice secretary is to visit the Lockerbie bomber later amid speculation he might be moved to Libya. Kenny MacAskill will meet Abdelbasset Ali al-Megrahi in Greenock Prison as he considers a transfer request from the Libyan government. Terminally-ill Megrahi has also asked to be freed on compassionate grounds. - BBC News website

Lockerbie bomber 'to be released' - 13 August
The Libyan man convicted of the Lockerbie bombing is likely to be freed on compassionate grounds next week, the BBC understands. Abdelbaset Ali al-Megrahi, who has terminal prostate cancer, is serving life for murdering 270 people when Pan Am flight 103 exploded in 1988. Scottish ministers described the development as "complete speculation". - BBC News website

Lockerbie bomber withdraws appeal - 14 August
The man convicted of the Lockerbie bombing has applied to abandon his second appeal against his conviction, his lawyers have said. The news comes after the BBC reported that Abdelbaset Ali al-Megrahi looked set to be freed on compassionate grounds next week. Lawyers said his condition had taken a "significant turn for the worse". They said he had applied to the High Court in Edinburgh two days ago to abandon his appeal against conviction. - BBC News website

Train robber Biggs awaits release - 7 August
Great Train Robber Ronnie Biggs is preparing for his formal release from prison after being granted freedom on compassionate grounds. Biggs is severely ill with pneumonia and Justice Secretary Jack Straw approved his release on Thursday after being told he is unlikely to recover. - BBC News website

Great Train Robber Biggs released - 7 August
Great Train Robber Ronnie Biggs has been formally released from prison after being granted freedom on compassionate grounds. His son Michael emerged from the hospital with his father's release papers and said : "my father is now a free man and that's all there is to say. It was very emotional when the guards left". Hospital officials said Biggs' treatment would not change. They said he would remain on a general ward with other elderly patients until he was deemed fit to leave by doctors. - BBC News website

Couple behind Baby P death named - 11 August
The couple responsible for the death of 17-month-old Baby Peter have been named after a court anonymity order expired. The boy died at the hands of his mother Tracey Connelly and her partner Steven Barker, of Haringey, north London. The third defendant in the case has also been named as Jason Owen Barker's brother. Peter had more 50 injuries, including fractured ribs and a broken back, when he was found dead in August 2007. It has also been revealed that the brothers were charged with assaulting their own grandmother in 1995 in an attempt to make her change her will. It can also be reported that Baby Peter had four siblings. A judge had ordered none of the defendants be named because the other children were still being placed with alternative carers. The notoriety of the Baby Peter case is such that all three convicted people are likely to be given new identities upon release to protect them from vigilante attacks. - BBC News website

Baby P : catalogue of failings resulted in death - 11 August
A catalogue of failings and systemic errors that could have prevented Baby Peter's death have been disclosed. New details of the appalling suffering the 17 month-old toddler endured during his short life can also be disclosed for the first time today, as well as further details of the failure by Haringey Council and other authorities to protect him. - Telegraph website

The Haringey six sacked over Baby P failings - 11 August
All but one of the seven social workers, doctors and council managers implicated in the failings of care over Baby Peter have been sacked since the trial of his tormentors last year. All six have either appealed the decision, are suing for unfair dismissal or seeking a judicial review over the way in which their employment was terminated. - Telegraph website

Sharon Shoesmith's four legal claims - 12 August
Sharon Shoesmith could be in line for substantial compensation after she launched four different legal claims following her sacking last year as director of children's services at Haringey Council. - Telegraph website

Baby P's father says he will sue 'negligent' Haringey Council - 12 August
The father, who cannot be named, claims that he told social workers five months before Peter's death in August 2007 that he was in danger from Steven Barker, the lover of the boy's mother, Tracey Connelly. He also alleges that no background checks were made. - Times Online website

Cyberlaw

Two convicted for refusal to decrypt data - 11 August
Two people have been successfully prosecuted for refusing to provide authorities with their encryption keys, resulting in landmark convictions that may have carried jail sentences of up to five years. - The Register website

Emigration and Immigration

'Tough' citizenship test outlined - 3 August
Immigrants hoping to settle permanently in the UK would face tougher citizenship tests under proposals due to be outlined by the home secretary. Alan Johnson says he wants behaviour as well as qualifications and skills taken into account in what have been called penalties on "un-British" activity. His words have been seen as a warning to those taking part in activities such as protests at soldiers' parades. - BBC News website

Environment

Corby 'toxic soup' case : why it's a long way from being over - 6 August
The satisfaction of the Corby families last week about the High Court ruling over the link between the reclamation work of a former British Steel plant between 1985 and 1999 and the disabilities suffered by their children might have suggested that the compensation cheques had already being written. But, as the battle moves away from the general to the particular, City lawyers were warning that individual families may face a long struggle to prove causality with their particular child. - Times Online website

Birth defect families get £1.6m - 14 August
A council in Northamptonshire at the centre of a birth defects case has been ordered to pay affected families an initial £1.6m to cover legal fees. Corby Borough Council was found to be negligent in its clean-up of former steel works in the town, which may have led to birth defects in 16 children. - BBC News website

Finance

Auditors cleared in landmark negligence case - 30 July
Auditors preparing for a surge in legal action arising from the financial crisis received a boost today after Britain's highest court threw out a multimillion-pound negligence case against Moore Stephens, a City accounting firm. On their last day sitting before moving to the new supreme court, the law lords ruled that Moore Stephens was not liable for failing to uncover a long-running $95 million (£58 million) fraud at Stone & Rolls, a commodity trader it audited from 1997 to 2001. - Times Online website

New rules on bonuses 'this week' - 9 August
The Financial Services Authority (FSA) is to publish a code this week setting out how banks will have to change their policies on pay and bonuses. - BBC News website

Banks given new rules on bonuses - 12 August
New rules on how financial institutions should determine pay and bonuses for staff have been set out by the Financial Services Authority (FSA). It wants to see bankers' pay deals linked far more closely with the long-term profitability of the banks. The FSA says that bonuses should not be guaranteed for more than a year, and that senior employees should have their bonuses spread over three years. Many believe that big bonuses led to excessive risk-taking at banks. - BBC News website

More banks told 'reveal accounts' - 13 August
More than 300 UK and foreign banks have been told to hand over details of UK taxpayers who have accounts offshore. The order was made by the First-tier Tax Tribunal, the newly established tribunal to resolve tax disputes. The HMRC is about to launch a second offer to people to confess if they have been hiding untaxed money abroad. - BBC News website

See also : Europe. Switzerland, UBS settle US tax case

Human Rights

New ruling gives people with mental illness conditions the same human rights as others - 4 August
The Equality and Human Rights Commission has welcomed a Court of Appeal ruling which found that people with mental illnesses are protected from discrimination by the European Convention on Human Rights. The ruling clarified a grey area in the law. - eGov Monitor website

Suicide guidance will apply to UK - 4 August
Guidelines on assisted suicide will apply in the UK as well as overseas, the Director of Public Prosecutions has confirmed. Debbie Purdy wanted to know if her husband would be prosecuted if he helped her end her life in Switzerland. It was assumed that new guidance would affect only those who go abroad to die. Under the 1961 Suicide Act covering England and Wales, those who aid, abet, counsel or procure someone else's suicide can be prosecuted and sentenced to serve up to 14 years in jail. Ms Purdy, from Undercliffe in Bradford, West Yorkshire, took her case to the highest court in the country after the High Court and Court of Appeal held that it was for Parliament, not the courts, to change the law. - BBC News website

See :
England and Wales Court of Appeal (Civil Division) on appeal from Queen's Bench Division
Hearing date : 3 February 2009
(2009) 159 NLJ 309, [2009] 1 Cr App R 32, [2009] EWCA Civ 92
Purdy, R v Director of Public Prosecutions and Others
Keyphrase :
Assisted suicide

Iraq inquiry sessions to be held in secret even where no national security involved - 31 July
Witnesses will be able to give evidence to the inquiry into the Iraq war in secret even when matters of national security are not involved, its chairman has said. Sir John Chilcot suggested that whistleblowers would be able to speak with greater "candour and openness" if their evidence was held behind closed doors. But critics including Opposition parties said that the public had a right to hear all the evidence presented to the inquiry, which Sir John disclosed was not likely to report back until the end of next year at the earliest. - BBC News website

Labour Issues

Pension age 'could rise further' - 8 August
The state pension retirement age could be increased further, the UK's pensions regulator has told the BBC. David Norgrove said rising life expectancy meant millions of people would "undoubtedly" have to wait longer in future to draw a state pension. People will not save as much for retirement as in the past, with many people "frightened" to do so, he said. The state pension age is due to rise to 68, and Pensions Minister Angela Eagle said there were no plans to raise that. - BBC News website

Woman wins clothes store tribunal - 13 August
A disabled woman from north-west London has won her employment tribunal against clothing giant Abercrombie and Fitch. Riam Dean, 22, who has a prosthetic arm, claimed she was "diminished" for not fitting the "look policy" at the Savile Row store in central London. A central London tribunal awarded Miss Dean £8 000 for unlawful harassment and ruled that Abercrombie and Fitch failed to comply with employment law. But the tribunal found Miss Dean did not suffer disability discrimination. - BBC News website

Land Affairs and Property

New rights for tenants facing eviction when landlords are repossessed - 6 August
Housing Minister John Healey today set out plans to give new legal protection to tenants vulnerable to being thrown out on the street with little or no notice if their private landlord is repossessed. - eGov Monitor website

The conquerors are coming, Pierre : we Brits need more land - 26 July
It's very obvious the country is not just full. It's actually starting to burst. Plainly, the planning regulations are to blame. You aren't allowed to build anything on Farmer Giles's cabbages unless you join the freemasons. And since most people don't wish to have their tongues pulled out for blabbing about the stupid handshake, developers are being forced to erect new dwellings in urban back yards. Which causes even more friction with the neighbours whose view is about to be ruined. The obvious solution is to spread out a bit. Scotland is the obvious answer, but it can't be a very nice place to live, or there wouldn’t be so many Scottish people in London. - Jeremy Clarkson on the Times Online website

Taxation Law

UK and Liechtenstein in tax deal - 11 August
The UK is expected to sign a deal to recover lost tax from Britons holding bank accounts in Liechtenstein. HM Revenue & Customs (HMRC) has agreed with the Alpine tax haven to start exchanging information. Up to 5 000 British investors have an estimated £3bn stashed away in secret accounts in the country. Investors are expected to be offered the chance to volunteer details of their deposits in return for limited penalties and low risk of prosecution. - BBC News website

Miscellaneous

'Payout' for UK terror victims - 13 August
British victims of terrorist attacks abroad could be compensated by the government, it has emerged. At the moment victims or their relatives are not entitled to payments if they are killed or injured in a foreign country. But the Ministry of Justice says ministers are looking at providing "further support" for them. The government is also considering pay-outs for past victims, such as the 200 Britons in the Bali and Mumbai attacks. - BBC News website

Graduates to get gap-year money - 1 August
The government is to pay for graduates struggling to get a job to go on trips abroad, The Department for Business, Innovation and Skills has confirmed. It said the scheme will be launched with expedition company Raleigh International next week. It will pay for 500 young people under the age of 24 to travel to places such as Costa Rica and India to take part in projects such as building schools. It comes as graduates face an increasingly tough job market. - BBC News website

Pregnant prisoner returns to UK - 7 August
A pregnant Briton jailed for life in Laos for heroin smuggling has arrived back in the UK. Samantha Orobator, 20, from Peckham, south London, was caught with 1.5lb (680g) of the drug at Wattay airport in the capital, Vientiane, last August. She escaped the death penalty because she became pregnant in jail and will now complete her sentence in the UK. - BBC News website
Keyphrase :
Drug smuggling

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