Urinating dentist ruling upheld – BBC News

Posted November 28th, 2008 in dentists, news, professional conduct by sally

“A High Court has upheld a tribunal’s findings that a West Yorkshire dentist urinated in his surgery sink before treating a patient.”

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BBC News, 28th November 2008

Source: www.bbc.co.uk

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Student killer gang is sentenced – BBC News

Posted November 28th, 2008 in murder, news, sentencing by sally

“Four people have been sentenced over the killing of a Leicester student who was stabbed with a broken vodka bottle.”

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BBC News, 28th November 2008

Source: www.bbc.co.uk

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Intel ruling sets tough dilution test for owners of famous brands – OUT-LAW.com

Posted November 28th, 2008 in news, trade marks by sally

“The owner of a famous trade mark can stop a similar mark being used for completely different goods and services but must show that the new mark will have an economic impact on consumers to its detriment, the European Court of Justice has ruled.”

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OUT-LAW.com, 28th November 2008

Source: www.out-law.com

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Army spy is jailed for 10 years – BBC News

Posted November 28th, 2008 in armed forces, interpreters, news, sentencing, spying by sally

“Army interpreter Daniel James, found guilty of spying for Iran last month, has been jailed for 10 years.”

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BBC News, 28th November 2008

Source: www.bbc.co.uk

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Judge postpones Baby P sentencing – BBC News

Posted November 28th, 2008 in child abuse, homicide, news, sentencing by sally

“The sentencing of three people over the death of Baby P has been postponed for at least three months.”

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BBC News, 28th November 2008

Source: www.bbc.co.uk

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40,000 prisoners released early – The Independent

Posted November 28th, 2008 in early release, news, prisons by sally

“More than 40,000 convicts have been released early to ease the prisons overcrowding crisis, figures showed today.”

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The Independent, 28th November 2008

Source: www.independent.co.uk

 

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Headmaster accused of misconduct for calling female staff his ‘harem’ – Daily Telegraph

Posted November 28th, 2008 in news, professional conduct, teachers by sally

“A head teacher has been hauled before a misconduct committee for allegedly calling female staff his ‘harem’ and nicknaming a school governor ‘post pants’.”

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Daily Telegraph, 28th November 2008

Source: www.telegraph.co.uk

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Woman walks free from court despite driving after 20 pint and vodka binge – Daily Telegraph

Posted November 28th, 2008 in alcohol abuse, news, road traffic offences, sentencing by sally

“A former women’s international cricketer who was caught driving after drinking 20 pints of beer and a several vodkas has walked free from court.”

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Daily Telegraph, 28th November 2008

Source: www.telegraph.co.uk

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Ofcom censures ITV for broadcasting ‘political’ congestion charging ad – The Guardian

Posted November 28th, 2008 in advertising, news by sally

“Ofcom has made its first ruling over a breach of its political advertising code for a TV commercial on ITV1 promoting the introduction of congestion charging in Greater Manchester.”

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The Guardian, 28th November 2008

Source: www.guardian.co.uk

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Life for seven motorway killers of biker Gerry Tobin – The Guardian

Posted November 28th, 2008 in murder, news, sentencing by sally

“Seven members of the Outlaws motorcycle gang were sentenced to life in prison at Birmingham crown court today for the murder of Hells Angel Gerry Tobin.”

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The Guardian, 28th November 2008

Source: www.guardian.co.uk

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Judge throws out ‘leak’ case against journalist Sally Murrer and her police source – The Times

Posted November 28th, 2008 in evidence, interception, news, police by sally

“The multi-million pound prosecution of a local newspaper journalist and the police source who ‘leaked’ stories to her collapsed today after evidence gathered against them in a police bugging operation was declared inadmissible.”

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The Times, 28th November 2008

Source: www.timesonline.co.uk

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Woman forced to quit job wins new rights for carers – The Guardian

Posted November 28th, 2008 in carers, flexible working, news by sally

“Millions of people trying to combine work with caring for disabled or elderly relatives will have the right to claim against employers who discriminate against them in refusing to offer flexible working, following a ruling yesterday by the Employment Tribunal.”

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The Guardian, 28th November 2008

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted November 28th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Kaczmarek v Secretary of State for Work & Pensions [2008] EWCA Civ 1310 (27 November 2008)

Pratt v Aigaion Insurance Company SA [2008] EWCA Civ 1314 (27 November 2008)

High Court (Commercial Court)

Middle Eastern Oil LLC v National Bank of Abu Dhabi [2008] EWHC 2895 (Comm) (27 November 2008)

High Court (Family Division)

Sandwell Metropolitan Borough Council v GC & Ors [2008] EWHC 2555 (Fam) (24 October 2008)

High Court (Technology and Construction Court)

Talaris (Sweden) AB v Network Controls International Ltd [2008] EWHC 2930 (TCC) (20 November 2008)

Jacobs UK Ltd v Skidmore Owings & Merrill LLP [2008] EWHC 2847 (TCC) (21 November 2008)

Source: www.bailii.org

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Recent Statutory Instruments – OPSI

Posted November 28th, 2008 in legislation by sally

The Companies (Registration) Regulations 2008

The Immigration (Designation of Travel Bans) (Amendment) Order 2008

The Companies (Company Records) Regulations 2008

The Companies (Fees for Inspection of Company Records) Regulations 2008

The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) (Amendment) (England) Regulations 2008

The Christmas Bonus (Relevant Week) Order 2008

Source: www.opsi.gov.uk

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Attorney General’s Reference (No 55 of 2008) – WLR Daily

Posted November 28th, 2008 in dangerous offenders, law reports, sentencing by sally

Attorney General’s Reference (No 55 of 2008); [2008] EWCA Crim 2790; [2008] WLR (D) 370

The recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established. Such a sentence remained an important sentencing alternative but the court was entitled to consider all the alternative and cumulative methods of providing proper protection for the public against the risk posed by the individual offender.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Kay v Commissioner of Police of the Metropolis – WLR Daily

Posted November 28th, 2008 in law reports, police, public order, roads by sally

Kay v Commissioner of Police of the Metropolis [2008] UKHL 69; [2008] WLR (D) 00; [2008] WLR (D) 369

A procession could be ‘commonly or customarily held’, so as to be exempt from the requirement to give advance notice to the police under s 11 of the Public Order Act 1986, even though on each occasion it took a different route.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily

Posted November 28th, 2008 in human rights, inquiries, law reports, prisons by sally

R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2008] UKHL 68; [2008] WLR (D) 368

Where a prisoner attempted to commit suicide and sustained incapacitating long-term injury the state was obliged to institute an independent initial investigation which complied with art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily

Posted November 28th, 2008 in burden of proof, child abuse, judgments, law reports, reasons by sally

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted November 28th, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366

An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”

WLR Daily, 26th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Salsbury v Law Society – WLR Daily

Posted November 28th, 2008 in disciplinary procedures, human rights, law reports, solicitors, tribunals by sally

Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365

The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”

WLR Daily, 26th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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