OFT tells Carcraft vehicle supermarket to improve practices – The Guardian

Posted November 9th, 2011 in consumer protection, news by tracey

“The Office of Fair Trading (OFT) has taken enforcement action against car supermarket group Carcraft after it found the firm was failing to carry out pre-sale vehicle inspections, had refused to repair or replace faulty vehicles, and was not clearly explaining the terms of motor finance policies it sold.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Lawyers call for couples law reform – The Independent

Posted November 9th, 2011 in cohabitation, mortgages, news, Supreme Court by tracey

” Lawyers called today for new legislation on ‘co-habiting couples’ after the UK’s highest court ruled that a man who left his partner nearly 20 years ago was not entitled to half the value of the house they shared.”

Full story

The Independent, 9th November 2011

Source: www.independent.co.uk

Neil Morrissey’s bid for court statement on Daily Mail story is rejected – The Guardian

Posted November 9th, 2011 in defamation, media, news by tracey

“Men Behaving Badly actor Neil Morrissey has had his bid to make a statement in open court about his long-running libel battle with the Daily Mail turned down by a high court judge.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Suffolk policeman Ian Reynolds jailed over child abuse images – BBC News

Posted November 9th, 2011 in indecent photographs of children, news, police, sentencing by tracey

“A Suffolk police constable who viewed indecent images of children has been jailed for nine months.”

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BBC News, 9th November 2011

Source: www.bbc.co.uk

Jonathan Sumption shows a certain naivety – The Guardian

“The supreme court’s newest recruit worries that judges are making policy. But parliament always has the last word.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Court rules on property rights for unmarried couples – The Guardian

Posted November 9th, 2011 in cohabitation, mortgages, news by tracey

“The property rights of millions of unmarried couples who split up have been clarified by a supreme court judgment that has awarded the overwhelming share of a bungalow in Essex to the woman.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Police criticised for contacting innocent protesters over fees march – The Independent

Posted November 9th, 2011 in demonstrations, news, police by tracey

 “Police faced criticism tonight after it emerged that they had contacted any protesters arrested at recent demonstrations, warning them to stay away from any trouble at tomorrow’s march, despite many never having been charged with or convicted of any offence.”

Full story

The Independent, 8th November 2011

Source: www.independent.co.uk

Supreme court appointee says role of British judges is too politicised – The Guardian

“Jonathan Sumption QC believes that UK judiciary is too closely involved in making decisions best left for parliament.”

F.A. Mann Lecture, Lincoln’s Inn,  8th November 2011

Full text of lecture

The Guardian, 9th November 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 9th, 2011 in law reports by tracey

Supreme Court

Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 32 (9 November 2011)

Jones v Kernott [2011] UKSC 53 (9 November 2011)

Court of Appeal (Civil Division)

Cheshire West and Chester Council v P [2011] EWCA Civ 1257 (09 November 2011)

Fresenius Kabi Deutschland GMBH & Ors v Carefusion 303 Inc [2011] EWCA Civ 1288 (08 November 2011)

SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 (08 November 2011)

69 Marina, St Leonards-On-Sea, Freeholders of v Oram & Anor [2011] EWCA Civ 1258 (08 November 2011)

Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 (08 November 2011)

Court of Appeal (Criminal Division)

Hutchings v R. [2011] EWCA Crim 2535 (08 November 2011)

St Regis Paper Company Ltd v R. [2011] EWCA Crim 2527 (04 November 2011)

High Court (Administrative Court)

Cairns, R (on the application of) v HM Deputy Coroner for Inner West London & Ors [2011] EWHC 2890 (Admin) (07 November 2011)

Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts & Anor [2011] EWHC 2986 (Admin) (07 November 2011)

High Court (Chancery Division)

Revenue & Customs v Cozens & Ors [2011] EWHC 2782 (Ch) (08 November 2011)

Wright & Anor v Gater & Ors [2011] EWHC 2881 (Ch) (07 November 2011)

High Court (Commercial Court)

Pacific Basin IHX Ltd v Bulkhandling Handymax AS [2011] EWHC 2862 (Comm) (08 November 2011)

Standard Bank Plc v Al Jaber [2011] EWHC 2866 (Comm) (08 November 2011)

Parbulk Ii A/S v Heritage Maritime Ltd SA [2011] EWHC 2917 (Comm) (08 November 2011)

Porton Capital Technology Funds & Ors v 3M UK Holdings Ltd & Anor [2011] EWHC 2895 (Comm) (07 November 2011)

High Court (Family Division)

A v B [2011] EWHC 2752 (Fam) (01 November 2011)

BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) (27 October 2011)

G v M [2011] EWHC 2651 (Fam) (17 October 2011)

High Court (Queen’s Bench Division)

JGE v The English Province of Our Lady of Charity & Anor [2011] EWHC 2871 (QB) (08 November 2011)

Asiansky Television Plc & Anor v Khanzada & Ors [2011] EWHC 2831 (QB) (04 November 2011)

Crossland v University of Glamorgan [2011] EWHC 2809 (QB) (04 November 2011)

Holmes v Westminster City Council [2011] EWHC 2857 (QB) (03 November 2011)

Howarth v Commissioner of Police of the Metropolis [2011] EWHC 2818 (QB) (03 November 2011)

Source: www.bailii.org

Cadbury mostly defends trade mark rights over purple shaded chocolate packaging – OUT- LAW.com

Posted November 9th, 2011 in news, trade marks by tracey

“The UK’s Trade Mark Registry has partially revoked, but mostly upheld, Cadbury’s right to trade mark a particular shade of purple in relation to chocolate products it manufactures.”

Full story

OUT-LAW.com, 8th November 2011

Source: www.out-law.com

Wright and another v Gater and another – WLR Daily

Posted November 9th, 2011 in children, executors, intestacy, law reports, trusts by tracey

Wright and another v Gater and another; [2011] EWHC 2881 (Ch);  [2011] WLR (D)  318

“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”

WLR Daily,7th November 2011

Source: www.iclr.co.uk

Regina v St Regis Paper Company Ltd – WLR daily

Regina v St Regis Paper Company Ltd; [2011] EWCA Crim 2527;  [2011] WLR (D)  317

“Criminal liability could not be imposed on a company for intentionally making a false entry to an environmental control record contrary to regulation 32(1)(g) of the Pollution Prevention and Control (England and Wales) Regulations 2000, by virtue of the intentions of the employee who committed the offence, if he was not the directing mind and will of the company.”

WLR Daily, 4th November 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 9th, 2011 in legislation by tracey

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011

The Equality Act 2010 (Commencement No. 8) Order 2011

The Merchant Shipping (Port State Control) Regulations 2011

The Medicines Act 1968 (Pharmacy) Order 2011

The Mental Capacity Act 2005 (Appropriate Body) (England) Amendment Regulations 2011

The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011

Source: www.legislation.org.uk

Christian hoteliers appeal against ruling on gay couple sharing a room – The Guardian

Posted November 9th, 2011 in appeals, homosexuality, hotels, news, sexual orientation discrimination by tracey

“Devout Christian hotel owners who refused to allow a gay couple to share a double room have insisted at the appeal court that they should have been allowed to impose the ban.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Legal profession braces itself for a surge in DIY lawyers after funding cuts – The Guardian

Posted November 9th, 2011 in law firms, legal aid, litigants in person, news, pro bono work by tracey

“Legal aid cuts will leave more people representing themselves, but may also make City firms pull their weight with pro bono work.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Levi Roots ‘took Reggae Reggae sauce recipe from friend’ – Daily Telegraph

Posted November 9th, 2011 in food, inventions, media, news by tracey

“Dragon’s Den entrepreneur Levi Roots is being sued for more than £300,000 by a pal who claims he is the real inventor of the Reggae Reggae sauce, a court heard today.”

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Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

London riots: Youth ambassador Chelsea Ives jailed – BBC News

Posted November 9th, 2011 in burglary, news, sentencing, violent disorder by tracey

“A former London youth ambassador has been jailed for two years for her role in August’s riots in London.”

Full story

BBC News, 8th November 2011

Source: www.bbc.co.uk

Truancy laws caught 12,000 parents last year – The Guardian

Posted November 9th, 2011 in fines, news, parental responsibility, sentencing, statistics, truancy by tracey

“Nearly 12,000 parents were prosecuted and 25 given prison sentences because of their children’s truancy from school last year, figures show. The longest jail sentence imposed on a parent was 90 days, according to the Ministry of Justice . A total of 11,757 parents were prosecuted for failing to ensure their child’s attendance at school, up from 11,188 the year before.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Marc Jacobs’ Dakota Fanning ad banned for being ‘sexually provocative’ – The Guardian

Posted November 9th, 2011 in advertising, children, complaints, news by tracey

“Watchdog rules advert was irresponsible and likely to cause serious offence after complaints that it sexualised children.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

News of the World publishers ordered to pay Max Mosley £20,000 after breaching privacy – Daily Telegraph

Posted November 9th, 2011 in damages, France, media, news, privacy by tracey

“The publisher of the News of the World has been told by a French court that it must pay Max Mosley almost £20,000 after being found guilty of breaching the ex-Formula One chief’s privacy.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk