Village People threaten lawsuit over Jamie Oliver advert – The Guardian

Posted December 18th, 2009 in media, news, trade marks by sally

“It could make for an interesting scenario: a construction worker, a cowboy, a traffic cop, a Native American chief, a sailor, Jamie Oliver, a leather queen, some lawyers and a judge – together in court.”

Full story

The Guardian, 18th December 2009

Source: www.guardian.co.uk

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UK libel law has gagged me, says leading Danish radiologist – The Guardian

Posted December 18th, 2009 in defamation, news by sally

“A leading medical scientist is refusing to speak in England about findings from his work because he fears being sued for libel. Henrik Thomsen, a Danish radiologist, has said the health of patients in England is being put at serious risk because he and other scientists are prevented from sharing their knowledge, due to what they see as an increasingly draconian atmosphere in London’s libel courts.”

Full story

The Guardian, 2oth December 2009

Source: www.guardian.co.uk

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Former Humberside police officer jailed for sex attacks – BBC News

Posted December 18th, 2009 in news, sentencing, sexual offences by sally

“A former police officer who was convicted of attempted rape and two sexual assaults has been jailed for five years.”

Full story

BBC News, 18th December 2009

Source: www.bbc.co.uk

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Cotton v Secretary of State for Work and Pensions – WLR Daily

Posted December 18th, 2009 in benefits, holiday pay, law reports by sally

Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372

“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”

WLR Daily, 17th December 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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Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others – WLR Daily

Posted December 18th, 2009 in client accounts, insolvency, law reports, trusts by sally

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others [2009] EWHC 3228 (Ch); [2009] WLR (D) 371

“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7′) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”

WLR Daily, 17th December 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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Regina v Round; Reginav Dunn – WLR Daily

Posted December 18th, 2009 in law reports, sentencing by sally

Regina v Round; Reginav Dunn [2009] EWCA Crim 2667; [2009] WLR (D) 370

“It was not incumbent on sentencing judges to structure consecutive sentences differently from the ordinary manner of expressing their sentences in order to maximise the uncertain possibilities of home detention curfew.”

WLR Daily, 17th December 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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Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Posted December 18th, 2009 in agency, conflict of laws, fraud, jurisdiction, law reports by sally

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 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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In re S-B (Children) (Care proceedings: Standard of proof) – Times Law Reports

Posted December 18th, 2009 in law reports by sally

In re S-B (Children) (Care proceedings: Standard of proof)

Supreme Court

“When considering who caused injury to a child out of a pool of two or more potential perpetrators, the standard of proof was the civil standard of the balance of probabilities and that standard did not vary according the gravity of the injuries or conduct alleged.”

The Times, 18th December 2009

Source: www.timesonline.co.uk

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Consolidated Fund Act 2000

Posted December 18th, 2009 in legislation by sally

Consolidated Fund Act 2009 published

Full text of Act

Source: www.opsi.gov.uk

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BAILII: Recent Decisions

Posted December 18th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Global Process Systems Inc & Anor v Berhad [2009] EWCA Civ 1398 (17 December 2009)

Boots Company Plc v HM Revenue & Customs [2009] EWCA Civ 1396 (17 December 2009)

National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 (17 December 2009)

Cooper & Ors v Fanmailuk.Com Ltd & Anor [2009] EWCA Civ 1368 (17 December 2009)

High Court (Queen’s Bench Division)

Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)

Patel v Patel [2009] EWHC 3264 (QB) (10 December 2009)

High Court (Chancery Division)

Cattles Plc v Welcome Financial Services Ltd & Ors [2009] EWHC 3027 (Ch) (14 December 2009)

Court & Ors v Despallieres [2009] EWHC 3340 (Ch) (17 December 2009)

High Court (Administrative Division)

Harrison v Secretary of State for Communities and Local Government & Anor [2009] EWHC 3382 (Admin) (16 December 2009)

Birmingham City Council, R (on the application of) v Birmingham Crown Court [2009] EWHC 3329 (Admin) (17 December 2009)

High Court (Commercial Court)

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2009] EWHC 3318 (Comm) (17 December 2009)

Source: www.bailii.org

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Recent Statutory Instruments – OPSI

Posted December 18th, 2009 in legislation by sally

The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2009

The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2009

The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2009

The Welsh Health Specialised Services Committee (Wales) Regulations 2009

The Tax Credits (Excluded Companies) Regulations 2009

The Saving Gateway Accounts Act 2009 (Commencement No.1) Order 2009

The Real Estate Investment Trusts (Prescribed Arrangements) Regulations 2009

The Distributions (Excluded Companies) Regulations 2009

The Corporation Tax (Exclusion from Short-Term Loan Relationships) Regulations 2009

The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2009

The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010

The Welfare of Racing Greyhounds Regulations 2010

Source: www.opsi.gov.uk

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Lawyers cash in on NHS negligence cases – Daily Telegraph

Posted December 18th, 2009 in fees, health, negligence, news by sally

“One in five NHS negligence claims now results in lawyers picking up more in compensation than the patient they act for.”

Full story

Daily Telegraph, 18th December 2009

Source: www.telegraph.co.uk

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Man guilty of attempting to have sex with rottweiler – The Independent

Posted December 18th, 2009 in dogs, news, sexual offences by sally

“A North Wales man was found guilty yesterday of attempting to have sex with a rottweiler.”

Full story

The Independent, 17th December 2009

Source: www.independent.co.uk

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Evolution of quirks and loopholes has skewed legal system – The Times

Posted December 18th, 2009 in news by sally

“Laywers are quick to defend the practice of no-win, no-fee as the way that people without funds can get access to justice.”

Full story

The Times, 18th December 2009

Source: www.timesonline.co.uk

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Expert claims file-sharing Bill could give Government control of the internet – OUT-LAW.com

Posted December 18th, 2009 in copyright, internet, news by sally

“The Digital Economy Bill would give the Government the power to control the internet access of UK citizens by ministerial order, bypassing Parliament and without an adequate right of appeal, according to one legal expert.”

Full story

OUT-LAW.com, 17th December 2009

Source: www.out-law.com

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British Airways strike blocked by court – BBC News

Posted December 18th, 2009 in airlines, industrial action, injunctions, news by sally

“A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.”

Full story

BBC News, 17th December 2009

Source: www.bbc.co.uk

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Hunting ban legal challenge fails after court says it ‘doesn’t breach human rights’ – Daily Telegraph

Posted December 18th, 2009 in human rights, hunting, news by sally

“A legal challenge over the hunting ban has failed after a European court ruled that it did not infringe human rights.”

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Daily Telegraph, 18th December 2009

Source: www.telegraph.co.uk

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Trafigura accepts £25,000 damages from BBC over waste dumping allegations – The Times

Posted December 18th, 2009 in news by sally

“The oil-trading company Trafigura accepted £25,000 libel damages and an apology today over a BBC Newsnight claim that its actions had caused deaths, miscarriages, serious injuries and long-term sickness.”

Full story

The Times, 18th December 2009

Source: www.timesonline.co.uk

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