Village loses high court challenge over radioactive waste – the Guardian

Posted November 3rd, 2011 in arbitration, news, nuclear waste, planning, waste by sally

“A group of villagers who claimed they were testing the government’s commitment to ‘localism’ by challenging a waste company’s right to dump radioactive materials in a nearby landfill site have failed in a high court challenge.”

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The Guardian, 3rd November 2011

Source: www.guardian.co.uk

Ofcom proposes new rules on broadcasters’ advertising deals – OUT-LAW.com

Posted November 3rd, 2011 in advertising, codes of practice, media, news by sally

“Commercial broadcasters will not be able to ‘unduly discriminate’ between advertisers when setting the fees they charge for carrying commercials under proposed new rules set out by the UK’s media regulator.”

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OUT-LAW.com, 3rd November 2011

Source: www.out-law.com

Warning over Henry VIII style law powers – The Independent

“Plans for sweeping new Henry VIII-style powers would enable ministers to rewrite the statute book without consulting Parliament, a report warned today.”

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The Independent, 3rd November 2011

Source: www.independent.co.uk

Parties forced to take out loans at high interest to pay their legal costs can recover that interest, judge says – OUT-LAW.com

Posted November 3rd, 2011 in costs, interest, loans, news by sally

“Parties in complex court cases who are forced to take out loans at a high rate of interest to pay their legal costs can recover the full amount of that interest from the other party in certain circumstances, a court has said.”

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OUT-LAW.com, 3rd November 2011

Source: www.out-law.com

Command Papers – official-documents.gov.uk

Posted November 3rd, 2011 in parliamentary papers by sally

Ending Gang and Youth Violence: A Cross-Government Report, Cm 8211 (PDF)

Public Service Pensions: good pensions that last, Cm 8214 (PDF)

Source: www.official-documents.gov.uk

Generation game – the young lawyers following in their parents’ footsteps – Legal Week

Posted November 3rd, 2011 in families, legal profession, news by sally

“Despite seeing the long hours and hard work their parents put in, many offspring are not put off from following them into the legal profession, writes Georgina Stanley.”

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Legal Week, 3rd November 2011

Source: www.legalweek.com

BAILII: Recent Decisions

Posted November 3rd, 2011 in law reports by sally

Supreme Court

Rainy Sky SA & Orsd v Kookmin Bank [2011] UKSC 50 (2 November 2011)

Human Genome Sciences Inc v Eli Lilly and Company [2011] UKSC 51 (2 November 2011)

Court of Appeal (Civil Division)

Smith & Anor v Jafton Properties Ltd [2011] EWCA Civ 1251 (02 November 2011)

Shiva Ltd v Transport for London [2011] EWCA Civ 1189 (02 November 2011)

High Court (Chancery Division)

Business Dream Ltd, Re Insolvency Act 1986 [2011] EWHC 2860 (Ch) (02 November 2011)

High Court (Administrative Court)

Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin) (02 November 2011)

Ahmed, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2855 (Admin) (02 November 2011)

Source: www.bailii.org

Rainy Sky SA and others v Kookmin Bank – WLR Daily

Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311

“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

Mitu v Camden London Borough Council – WLR Daily

Posted November 3rd, 2011 in appeals, homelessness, housing, law reports, local government by sally

Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310

“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”

WLR Daily, 1st November 2011

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily

Posted November 3rd, 2011 in appeals, disclosure, documents, jurisdiction, law reports by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another [2011] EWCA Civ 1188; [2011] WLR (D) 309

“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily

Posted November 3rd, 2011 in appeals, burden of proof, employment, law reports, vicarious liability by sally

Fecitt and others v NHS Manchester (Public Concern at Work intervening) [2011] EWCA Civ 1190; [2011] WLR (D) 308

“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Trust judges on sentencing, says Law Society – Law Society’s Gazette

Posted November 3rd, 2011 in news, sentencing by sally

“The Law Society has criticised plans to extend mandatory life sentences, telling the government to trust judges’ discretion. The new regime, which would replace the indeterminate sentencing system with long determinate prison terms and mandatory life sentences for anyone convicted of a second serious sexual or violent crime, was announced last week by justice secretary Kenneth Clarke.”

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Law Society’s Gazette, 3rd November 2011

Source: www.lawgazette.co.uk

Ken Clarke’s justice bill passed despite ‘attacks’ – BBC News

Posted November 3rd, 2011 in bills, legal aid, news, sentencing by sally

“The government’s controversial changes to sentencing policy and legal aid have cleared the Commons, despite opposition from MPs of all parties.”

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BBC News, 2nd November 2011

Source: www.bbc.co.uk

European judges have no right to rule on prisoner voting, says Grieve – The Guardian

Posted November 3rd, 2011 in attorney general, elections, human rights, news, prisons by sally

“National parliaments not European judges should decide whether prisoners are entitled to the vote, the attorney general has told the human rights court in Strasbourg.”

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The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Wife strangled after smashing up husband’s Star Wars toys – Daily Telegraph

Posted November 3rd, 2011 in domestic violence, murder, news, sentencing by sally

“A husband has been found guilty of murder for strangling his Thai wife after she smashed up his collection of Star Wars toys.”

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Daily Telegraph, 2nd November 2011

Source: www.telegraph.co.uk

Phone hacking: anatomy of a cover-up – what QC’s advice papers reveal – The Guardian

Posted November 3rd, 2011 in disclosure, interception, media, news, opinions, queen's counsel, telecommunications by sally

“Analysis: Publication of warning to NI bosses tells the story of how secret payoff evolved.”

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The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Court workers opposed to extended opening hours – Law Society’s Gazette

Posted November 3rd, 2011 in courts, magistrates, news, trade unions by sally

“The union representing court workers has voiced opposition to justice secretary Kenneth Clarke’s wish to extend opening hours.”

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Law Society’s Gazette, 3rd November 2011

Source: www.lawgazette.co.uk

Family justice review calls for six-month case deadline – BBC News

Posted November 3rd, 2011 in adoption, family courts, news, reports, time limits by sally

“Childcare decisions in family courts should be made within six months, an official review has said.”

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BBC News, 3rd November 2011

Source: www.bbc.co.uk

Divorced fathers will not get legal right to access – The Guardian

Posted November 3rd, 2011 in adoption, divorce, family courts, news, parental rights, reports by sally

“Fathers who have gone through divorce or separation will not be granted a legal right to guarantee that their child has “a meaningful relationship with both parents”, according to a long-awaited report on family law.”

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The Guardian, 3rd October 2011

Source: www.guardian.co.uk