UK consults on copyright reform – OUT-LAW.com

Posted December 17th, 2008 in consultations, copyright, news by sally

“The Intellectual Property Office (IPO) is asking whether laws on copyright exceptions and the current system for rights clearance are too complicated. A consultation on reforming the regime was published today.”

Full story

OUT-LAW.com, 16th December 2008

Source: www.out-law.com

Gowers attacks Government plan to extend copyright for performers – OUT-LAW.com

Posted December 17th, 2008 in copyright, news by sally

“The Government plans to extend the term of copyright for performers from 50 years to ‘something like 70 years,’ according to Culture Secretary Andy Burnham. That proposal was criticised today as ‘silly and out of touch’  by former FT editor Andrew Gowers.”

Full story

OUT-LAW.com, 15th December 2008

Source: www.out-law.com

Man jailed for houseboat killing – BBC News

Posted December 17th, 2008 in domestic violence, homicide, sentencing by sally

“A 55-year-old man has been jailed for stabbing his partner to death on their houseboat on the River Medway in Kent.”

Full story

BBC News, 17th December 2008

Source: www.bbc.co.uk

Brothers lose appeal over murder – BBC News

Posted December 17th, 2008 in appeals, murder, news by sally

“Two Somerset men jailed for life for killing a Cornish couple have lost their appeal against their convictions.”

Full story

BBC News, 17th December 2008

Source: www.bbc.co.uk

Breast cancer mother cleared of allowing son to truant – Daily Telegraph

Posted December 17th, 2008 in news, parental responsibility, truancy by sally

“A mother fighting breast cancer has been cleared of failing to send her son to school after a court was told the teenager stayed at home to look after her.”

Full story

Daily Telegraph, 17th December 2008

Source: www.telegraph.co.uk

Killer nurse to appeal conviction – BBC News

Posted December 17th, 2008 in appeals, murder, news, nurses by sally

“A hospital nurse who was found guilty of murdering two of his patients is to appeal against his conviction.”

Full story 

BBC News, 17th December 2008

Source: www.bbc.co.uk

Jailed fan ‘can get free pardon’ – BBC News

Posted December 17th, 2008 in attempted murder, attempts, murder, news, pardons by sally

“Jailed Liverpool fan Michael Shields has won an important battle at the High Court in London in his bid for a free pardon.”

Full story 

BBC News, 17th December 2008

Source: www.bbc.co.uk

British opt-out from 48-hour working week defeated in Strasbourg – The Times

Posted December 17th, 2008 in EC law, news, working time by sally

“Britain’s opt-out from the EU’s 48-hour working week was soundly defeated in a vote by the European Parliament today, with many Labour MEPs voting against the Government’s attempts to keep the measure first won by John Major in 1993.”

Full story 

The Times, 17th December 2008

Source: www.timesonline.co.uk

Glasgow airport car bomber jailed for 32 years – The Guardian

Posted December 17th, 2008 in conspiracy, news, sentencing, terrorism by sally

“An NHS doctor who plotted car bomb attacks in London and Glasgow was today sentenced to life in prison with a minimum term of 32 years.”

Full story

The Guardian, 17th December 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

MA v Merck Sharp & DOHME Ltd [2008] EWCA Civ 1426 (16 December 2008)

Animatrix Ltd & Ors v O’Kelly [2008] EWCA Civ 1415 (16 December 2008)

Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427 (16 December 2008)

Allan v Johnson Controls Automative (UK) Ltd [2008] EWCA Civ 1377 (16 December 2008)

Smith & Anor v Muller & Ors [2008] EWCA Civ 1425 (17 December 2008)

Piper & Anor v Wakeford & anor [2008] EWCA Civ 1378 (17 December 2008)

High Court (Queen’s Bench Division)   

Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 3129 (QB) (16 December 2008)

 Beesley v New Century Group Ltd [2008] EWHC 3033 (QB) (16 December 2008)

Romantiek BVBA v Simms & Ors [2008] EWHC 3099 (QB) (16 December 2008)

High Court (Patents Court)

Ratiopharm GMBH v NAPP Pharmaceutical Holdings Ltd [2008] EWHC 3070 (Pat) (16 December 2008)

High Court (Chancery Division)

Barton v The Church Commissioners for England [2008] EWHC 3091 (Ch) (15 December 2008)

High Court (Administrative Court)

Organisation for Promotion of Environmental Needs v London Borough of Tower Hamlets & Anor [2008] EWHC 3053 (Admin) (17 December 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 17th, 2008 in legislation by sally

The Health in Pregnancy Grant (Administration) Regulations 2008

The Legal Services Act 2007 (Commencement No. 3 and Transitory Provisions) Order 2008

The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008

The Welsh Ministers (Transfer of Functions) (No. 2) Order 2008

The Companies Act 2006 (Extension of Takeover Panel Provisions) (Isle of Man) Order 2008

The Naval Medical Compassionate Fund Order 2008

The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) (No. 2) Order 2008

The Finance Act 2008, Section 31 (Specified Tax Year) Order 2008

The United Nations Arms Embargoes (Dependent Territories) (Amendment) Order 2008

The United Nations Arms Embargoes (Rwanda) (Amendment) Order 2008

The UK Borders Act 2007 (Code of Practice on Children) Order 2008

The Authorised Investment Funds (Tax) (Amendment No. 3) Regulations 2008

The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008

Source: www.opsi.gov.uk

T Mobile (UK) Ltd and another v Office of Communications – WLR Daily

Posted December 17th, 2008 in competition, judicial review, law reports, telecommunications, tribunals by sally

T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391

A challenge to a the decision of the Office of Communications (‘Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (‘CAT’).”

WLR Daily, 16th December 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.


R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others – WLR Daily

Posted December 17th, 2008 in admissibility, anonymity, law reports, witnesses by sally

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390

In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral evidence in the proceedings.”

WLR Daily, 16th December 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.


Finch and another v Richardson – WLR Daily

Posted December 17th, 2008 in elections, expenses, law reports, local government by sally

Finch and another v Richardson [2008] EWHC 3067 (QB); [2008] WLR (D) 389

For the purposes of provisions in the Representation of the People Act 1983 in relation to illegal practices and to errors or false statements in declarations, ignorance of the law could constitute ‘inadvertence’ so as to provide an excuse for such errors and statements.”

WLR Daily, 16th December 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.



R v Goldshield Group plc and others – WLR Daily

Posted December 17th, 2008 in conspiracy, fraud, indictments, law reports, price fixing by sally

R v Goldshield Group plc and others [2008] UKHL 17; [2008] WLR (D) 388

An allegation of price fixing carried out in circumstances of secretive and deceptive behaviour was insufficient of itself to found a charge of conspiracy to defraud. It was necessary to isolate and charge specific aggravating elements which would elevate price fixing into an indictable conspiracy to defraud.”

WLR Daily, 16th December 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.


Earl Cadogan and Another v Sportelli and Another and Other Appeals – Times Law Reports

Posted December 17th, 2008 in enfranchisement, law reports, leases, valuation by sally

Earl Cadogan and Another v Sportelli and Another and Other Appeals

House of Lords

“Landlords and freeholders were generally not entitled to so-called ‘hope value’ as an element in the value of their interest in determining the price payable by the tenants for leasehold enfranchisement.”

The Times, 17th December 2008 

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Government announcement on Transparency in the Family Courts – Judiciary of England and Wales

Posted December 17th, 2008 in news by sally

“Statement by the President of the Family Division – ‘I welcome the publication of the Government’s announcement on taking forward the issue of transparency in the family courts. The revised proposals will require a good deal of work in the coming months to make the necessary rule changes and in preparing for the pilots.’

Full statement

Judiciary of England and Wales, 16th December 2008

Source: www.judiciary.gov.uk

Common sense approaches to dealing with crime and DNA – Home Office

Posted December 17th, 2008 in DNA, investigatory powers, press releases by sally

“In a speech, Home Secretary Jacqui Smith called for new ‘common sense standards’ for the use of investigatory powers and the retention of DNA profiles.”

Full press release

Home Office, 16th December 2008

Source: www.homeoffice.gov.uk

Government set to expand DNA sampling of serious offenders – The Times

Posted December 17th, 2008 in DNA, news, prisons by sally

“DNA samples are to be taken from serious offenders who are in prison but were convicted before the national database was created, Jacqui Smith announced yesterday.”

Full story

The Times, 17th December 2008

Source: www.timesonline.co.uk

Suspended sentence for DJ Kershaw – BBC News

Posted December 17th, 2008 in harassment, news, restraining orders, sentencing by sally

“DJ Andy Kershaw has been given a suspended six-month prison sentence after breaching a restraining order banning him contacting his ex-partner.”

Full story 

BBC News, 16th December 2008

Source: www.bbc.co.uk