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

4 September 2009

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

 

InfoUpdate 19 of 2009
Useful Links
and Items of Interest 
 

United Kingdom

Courts

Courts get 'booze Asbo' powers - 31 August
People in England and Wales who commit crimes or behave anti-socially while drunk could now face a Drinking Banning Order - or "booze Asbo". Under powers coming into force on Monday, police and councils can seek an order on anyone aged 16 and over. Magistrates can then ban them from pubs, bars, off-licences and certain areas for up to two years. Anyone who breaches the order faces a £2 500 fine. - BBC News website

BNP faces member rule court case - 2 September
A legal case about ethnic restrictions on the British National Party's membership is due in court later. The Equalities and Human Rights Commission has issued proceedings against BNP leader Nick Griffin and two party officials. It claims the party's policy of limiting its membership to "indigenous Caucasian" people is illegal. - BBC News website

Criminal Justice System

Megrahi release 'right decision' - 23 August
Scotland's First Minister Alex Salmond has said releasing the Lockerbie bomber was the "right decision", as criticism mounts from both sides of the Atlantic. - BBC News website

Clinton repeats Lockerbie stance - 19 August
US Secretary of State Hillary Clinton has reiterated her opposition to the possible release of the Lockerbie bomber from prison in Scotland. - BBC News website

Strong words from the FBI - 22 August
The FBI director has mounted a scathing attack on the Scottish justice secretary over the release of convicted Lockerbie bomber Abdulbaset al-Megrahi. - BBC News website

Minister defends Lockerbie advice - 31 August
Scotland's justice secretary has defended the quality and range of medical advice he received before his decision to free the Lockerbie bomber. Kenny MacAskill released Abdelbaset Ali al-Megrahi, who has terminal cancer, on compassionate grounds - a move criticised by some victims' families. Opposition MSPs have questioned whether he consulted appropriate specialists. But Mr MacAskill told BBC Scotland that numerous prostate cancer specialists and consultants were involved. - BBC News website

Lockerbie papers to be published - 1 September
The Scottish Government is due to publish documents it says justify the decision to release the Lockerbie bomber on compassionate grounds. - BBC News website

Compassionate release in Scotland : the actual policy and the law - 2 September
The Scottish Government today released a fair amount of background documentation on the decision to grant compassionate release to Megrahi (better indexed, I think, here on BBC Scotland). There are still a number of documents which for one reason or another haven’t been published, such as the representations made by the US government, for which the US Embassy refused permission. The full text of Scottish Government policy on compassionate release has not however, I think, been made public. Thanks to a correspondent who sent me a copy of this, it is now published on this site. It is much fuller than the summary of the policy in the Justice Secretary's statement, though I emphasise that the summary was fair and accurate. - Jonathan Mitchell SC on his blog

Inconvenient truths - 21 June 2007
On 21 December 1988, Pan Am Flight 103 was 38 minutes into its journey when it was blown up at 31,000 feet. The explosion was so powerful that the nose of the aircraft was torn clean off. Within three seconds of the bomb detonating, the cockpit, fuselage and No. 3 engine were falling separately out of the sky. It happened so quickly that no distress call was sent out and no oxygen masks deployed. With the cockpit gone, the fuselage depressurised instantly and the passengers in the rear section of the aircraft found themselves staring out into the Scottish night air. Anyone or anything not strapped down was whipped out of the plane; the change in air pressure made the passengers’ lungs expand to four times their normal volume and everyone lost consciousness. As the fuselage plummeted and the air pressure began to return to normal, some passengers came round, including the captain. A few survived all the way down, until they hit the ground. Rescuers found them clutching crucifixes, or holding hands, still strapped into their seats. The fuselage of the plane landed on a row of family houses in the small Scottish town of Lockerbie. The impact was so powerful that the British Geological Survey registered a seismic event measuring 1.6 on the Richter scale. - Essay by Hugh Miles on the London Review of Books website

Killer wins birthmark op battle - 2 September
A man serving a life sentence for a double murder has won a High Court victory over his right to have cosmetic surgery on the NHS. Denis Harland Roberts, 59, currently in a Co Durham jail for killing an elderly couple in East Sussex in 1989, wanted treatment to remove a birthmark. On Wednesday, London's High Court declared the justice secretary acted unlawfully and "contrary to good administration" in failing to disclose his full policy on medical appointments. - BBC News website

Family Law

Lesbians given equal birth rights - 31 August
Women in same-sex relationships can now register both their names on the birth certificate of a child conceived as a result of fertility treatment. Female couples not in a civil partnership but receiving fertility treatment may also both be registered. - BBC News website

Labour Issues

Defence Force

Pay armed forces more, Clegg says - 2 September
The junior ranks of the armed forces should get an immediate £6,000 pay rise to help boost morale, the Lib Dems say. It was "shameful" that many privates on their first tour of duty earned less than police constables and junior firefighters, leader Nick Clegg said. He said the move, costing about £300m, could be part funded by cutting 10,000 "desk" jobs at the Ministry of Defence. Ministers said pay deals for the armed forces had been among the best in the public sector in the past three years. - BBC News website

Municipal Management and Procedure

Crackdown on 'boomerang bosses' - 25 August
The government is to investigate the cost of council chiefs who leave their councils with a big pay-off only to get another highly-paid council job. There have been a number of cases where bosses have left with pay-offs after clashes with political leadership but then worked at another council. - BBC News website

Pension Funds

Court hearing expat pensions case - 1 September
A case that could affect the pensions of thousands of Britons who have retired abroad will be heard in a European court later. A group of 14 pensioners who have moved abroad want their UK state pension to rise in line with inflation each year. UK expats living in the European Economic Area see their UK pension rise with the cost of living, but others in mainly Commonwealth countries do not. A two-hour hearing will be held at the European Court of Human Rights. This is the latest stage in a long-running legal challenge, and will be the end of the line in the legal process. - BBC News website

Expat pension challenge goes to European court - 2 September
A group of British pensioners living overseas who are challenging the government over its policy to freeze state pension pay outs for retirees living in certain countries will today have their case heard in a European court. The judgment could affect the pensions of more than 500 000 pensioners. - The Guardian website

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