Law of confidence can trump libel law, rules High Court – OUT-LAW.com

Posted October 22nd, 2009 in confidentiality, defamation, news, privacy by sally

“The High Court has upheld a famous person’s rights under the law of confidence over someone else’s right to reveal his activity with a prostitute under defamation law. The Court has granted an interim injunction which will keep the man’s identity a secret.”

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OUT-LAW.com, 22nd October 2009

Source: www.out-law.com

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Recent Statutory Instruments – OPSI

Posted October 22nd, 2009 in legislation by sally

The Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2009

The Criminal Justice Act 2003 (Commencement No. 22) Order 2009

The Designs (Convention Countries) (Amendment) Order 2009

The European Communities (Designation) (No. 4) Order 2009

The Health Professions (Hearing Aid Dispensers) Order 2009

The Transfer of Functions of the Asylum and Immigration Tribunal Order 2009

The British Nationality Act 1981 (Amendment of Schedule 6) Order 2009

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2009

The Patents (Convention Countries) (Amendment) Order 2009

The Secretary of State for Business, Innovation and Skills Order 2009

The Food Labelling (Declaration of Allergens) (England) Regulations 2009

The Manufactured Interest (Tax) (Amendment) Regulations 2009

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

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Reduced legal aid rates will cause ‘mass exodus’ of law firms – The Times

Posted October 22nd, 2009 in news by sally

“Vulnerable children and families will bear the brunt of swingeing new cuts that will cause a ‘mass exodus’ of law firms from legal aid, lawyers warned yesterday.”

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The Times, 22nd October 2009

Source: www.timesonline.co.uk

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BAILII: Recent Decisions

Posted October 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2009] EWCA Civ 1108 (22 October 2009)

Davies v Dennis & Ors [2009] EWCA Civ 1081 (22 October 2009)

Source: www.bailii.org

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Violent crimes ‘wrongly classed’ – BBC News

Posted October 22nd, 2009 in crime, news, police, statistics by sally

“More than a third of violent incidents classed as ‘no crime’ have been wrongly recorded, according to HM Inspectorate of Constabulary in England and Wales.”

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BBC News, 22nd October 2009

Source: www.bbc.co.uk

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Freelancer’s copyright infringed by sales of digital back issues, rules High Court – OUT-LAW.com

Posted October 22nd, 2009 in copyright, internet, media, news by sally

“A Daily Mirror service which sold digital copies of back issues infringed the copyright of a freelance photographer whose pictures appeared on their pages, the High Court has ruled.”

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OUT-LAW.com, 22nd October 2009

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted October 22nd, 2009 in legislation by sally

The Census (England and Wales) Order 2009

The Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009

The Extradition Act 2003 (Specification of Category 1 Territories) Order 2009

The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009

The Corporation Tax (Implementation of the Mergers Directive) Regulations 2009

The Statutory Auditors and Third Country Auditors (Amendment) Regulations 2009

Source: www.opsi.gov.uk

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Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) – WLR Daily

Posted October 22nd, 2009 in criminal records, data protection, law reports, police by sally

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) [2009] EWCA Civ 1079; [2009] WLR (D) 302

“In relation to the national police computer it was for the data controller to determine the purposes for which data was processed. It was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service. Consequently there could be no question of the retention of records of old minor convictions being held to be either excessive or being held for longer than necessary.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

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

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Birmingham City Council v Qasim and others – WRL Daily

Posted October 22nd, 2009 in housing, law reports, repossession by sally

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301

“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”

WLR Daily, 19th October 2009

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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Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 22nd, 2009 in employment, equal pay, law reports, sex discrimination by sally

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) [2009] EWCA Civ 1074; [2009] WLR (D) 300

“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

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

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Chief Constable of Humberside Police and Others v Information Commissioner, Secretary of State for the Home Department intervening – Times Law Reports

Posted October 22nd, 2009 in law reports by sally

Chief Constable of Humberside Police and Others v Information Commissioner, Secretary of State for the Home Department intervening

Court of Appeal

“There could be no question of the retention of records of old minor convictions being held in the national police computer to be either excessive or being held for longer than necessary. It was for the data controller to determine the purposes for which data were processed and it was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service.”

The Times, 22nd October 2009

Source: www.timesonline.co.uk

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Lord Woolf raps solicitors for CPR failings – Law Society’s Gazette

Posted October 22nd, 2009 in civil procedure rules, legal profession, news by sally

“Lord Woolf has blamed lawyers, the judiciary and government for blunting the impact of his 10-year-old reforms to the Civil Procedure Rules (CPR).”

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Law Society’s Gazette, 22nd October 2009

Source: www.lawgazette.co.uk

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Legal training: is it taking too long? – The Times

Posted October 22nd, 2009 in news by sally

“American commercial law firms are beating their City counterparts in the race for the best international talent because of anachronistic legal profession rules, say leading UK academics.”

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The Times, 22nd October 2009

Source: www.timesonline.co.uk

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Outrage at government plan for secret inquests – The Independent

Posted October 22nd, 2009 in inquests, news by sally

“Plans to introduce secret inquiries into controversial deaths from which the public and bereaved families could be banned are to be pushed through the House of Commons by the Government.”

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The Independent, 22nd October 2009

Source: www.independent.co.uk

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SFO opens criminal inquiry into ‘Beano’ Levene – The Times

Posted October 22nd, 2009 in news by sally

“The Serious Fraud Office (SFO) today announced it was opening a criminal investigation into Nicholas Levene, the bankrupt City trader.”

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The Times, 21st October 2009

Source: www.timesonline.co.uk

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Detections using DNA database fall despite huge rise in profiles – The Guardian

Posted October 22nd, 2009 in crime, DNA, news, police by sally

“Detections using the national DNA database have fallen over the past two years despite the number of profiles increasing by 1m and its running costs doubling to £4.2m a year.”

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The Guardian, 21st October 2009

Source: www.guardian.co.uk

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Protester injunction bid rejected – BBC News

Posted October 22nd, 2009 in demonstrations, injunctions, news by sally

“An energy company has been criticised for taking legal action against a protester under the Terrorism Act.”

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BBC News, 21st October 2009

Source: www.bbc.co.uk

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The David v Goliath battle on costs – The Times

Posted October 22nd, 2009 in news by sally

“Radical changes to the civil justice system were made just over ten years ago and it is less than a decade since the last big reform to funding, when legal aid was withdrawn for personal injury claims. Now a radical review of costs is being carried out by Lord Justice Jackson.”

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The Times, 22nd October 2009

Source: www.timesonline.co.uk

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Fraudster jailed for crash-for-cash scam – The Independent

Posted October 22nd, 2009 in accidents, dangerous driving, fraud, insurance, news, sentencing by sally

“A fraudster who staged almost 100 car accidents and used the insurance payouts to fund a glamorous lifestyle was jailed yesterday.”

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The Independent, 22nd October 2009

Source: www.independent.co.uk

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The Times wins Reynolds qualified privilege battle – The Times

Posted October 22nd, 2009 in news by sally

“Last week The Times won an important preliminary issue in a long-running libel action with a police officer by establishing that an article it published in 2006 was covered by Reynolds qualified privilege.”

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The Times, 22nd October 2009

Source: www.timesonline.co.uk

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