Month: May 2007

Knowsley Housing Trust v. White – Times Law Reports

Posted May 15th, 2007 in landlord & tenant, law reports by sally

Assured tenant became a tolerated trespasser

Knowsley Housing Trust v. White

Court of Appeal

“Where, in the case of an assured tenancy governed by the Housing Act 1988, the court granted an order for possession using County Court Form N28 but suspended execution on terms, the tenancy expired on the last date stated for possession, and the occupant remained thereafter as a tolerated trespasser.”

The Times, 15th May 2007

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.

Regina (UMBS Online Ltd) v Serious Organised Crime Agency and Another – Times Law Reports

Posted May 15th, 2007 in banking, law reports, money laundering by sally

Customer entitled to seek review

Regina (UMBS Online Ltd.) v. Serious Organised Crime Agency and Another

Court of Appeal

“The Serious Organised Crime Agency, a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering, should not withhold giving consent to a bank to allow it to operate a customer’s account under section 335 of the Proceeds of Crime Act 2002 without good reason.”

The Times, 15th May 2007

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.

Regina (Brown, formerly Bajinya, and Others) v. Belmarsh Prison Governor and Others – Times Law Reports

Posted May 15th, 2007 in extradition, law reports by sally

Power to extend extradition time

Regina (Brown, formerly Bajinya, and Others) v. Belmarsh Prison Governor and Others

Queen’s Bench Divisional Court

“Section 194(4)(b) of the Extradition Act 2003, which enabled the Secretary of State for the Home Department to modify the application of that Act where special extradition arrangements existed, permitted him to extend the 45 days specified in section 74(11) for the receipt by a judge of the request for extradition to 95 days.”

The Times, 15th May 2007

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.

Documents about Diana’s death ‘being withheld’ – Daily Telegraph

Posted May 15th, 2007 in disclosure, inquests, news by sally

“Lawyers for Mohamed Fayed, the owner of Harrods, will today claim they are being denied access to crucial documents relating to the inquests into the deaths of Diana, Princess of Wales and Dodi Fayed.”

Full story

Daily Telegraph, 15th May 2007

Source: www.telegraph.co.uk

Litigation slump sees judiciary rewriting the record books – The Lawyer

Posted May 15th, 2007 in Commercial Court, news by sally

“There is a general consensus within the legal profession that there has been a downturn in commercial litigation, the judiciary claimed otherwise last week, but now it is not so sure.”

Full story

The Lawyer, 15th May 2007

Source: www.thelawyer.com

Miners’ firms strike back at DTI over £2.4bn costs – The Lawyer

Posted May 15th, 2007 in costs, industrial injuries, miners, news, solicitors by sally

“The under-fire law firms representing sick miners in the British Coal compensation fiasco have accused the Government of hypocrisy after its costs topped £2bn.”

Full story

The Lawyer, 15th May 2007

Source: www.thelawyer.com

Women can have it all – we’re the proof – The Times

Posted May 15th, 2007 in barristers, women by sally

“The QCs Eleanor Platt and Alison Ball, joint heads of 1 Garden Court, have been unusual right from the start of their careers at the Bar.” 

Full story

The Times, 15th May 2007

Source: www.timesonline.co.uk

 

JPs ‘ignore advice of experts’ – The Times

Posted May 15th, 2007 in magistrates, news, young offenders by sally

“Magistrates’ decisions are made on the basis of stereotypes, and ignore advice from experts, research says.”

Full story

The Times, 15th May 2007

Source: www.timesonline.co.uk

Officers’ homophobia hampered murder investigations, says review – The Guardian

Posted May 15th, 2007 in homosexuality, news, police by sally

“Scotland Yard’s reaction to killings and attacks on gay, lesbian and transsexual people has historically been blighted by “institutional” homophobia, according to a report. A review of how detectives handled 10 murders of gay men or transsexuals says that in some cases inquiries were hampered by lack of knowledge, reliance on unfounded stereotypes and personal prejudices. Of the cases examined in a process sanctioned by the Met, four remain unsolved.”

Full story

The Guardian, 15th May 2007

Source: www.guardian.co.uk

Targets ‘force police to make ludicrous arrests’ – The Independent

Posted May 15th, 2007 in news, police by sally

“Frontline police called on the Government today to reverse the target-driven culture that has forced them to make ‘ludicrous’ decisions such as arresting a child for throwing cream buns.”

Full story

The Independent, 15th May 2007

Source: www.independent.co.uk

Judges to condemn new Ministry of Justice – Daily Telegraph

Posted May 15th, 2007 in judges, Ministry of Justice, news by sally

“Senior judges will today consider whether to issue an unprecedented condemnation of the new Ministry of Justice, launched last week without the constitutional safeguards they regard as essential.”

Full story

Daily Telegraph, 15th May 2007

Source: www.telegraph.co.uk

Deportation ruling deals blow to anti-terror policy – The Guardian

Posted May 15th, 2007 in news, terrorism by sally

“The government’s anti-terror policy was dealt another blow today after judges ruled against deporting a man cleared of plotting to launch a poison attack on London.”

Full story

The Guardian, 14th May 2007

Source: www.guardian.co.uk

Reid says human rights laws are fuelling terror – The Sunday Times

Posted May 14th, 2007 in human rights, terrorism by sally

“John Reid, the outgoing home secretary, yesterday called for controversial human rights laws to be watered down because he fears they are allowing terrorists to run free.”

Full story

The Sunday Times, 13th May 2007

Source: www.timesonline.co.uk

Sentence extended for lawyer murder – The Times

Posted May 14th, 2007 in murder, news, sentencing by sally

“One of the two robbers convicted of murdering Linklaters lawyer Tom ap Rhys Pryce had his minimum custodial term increased by the Court of Appeal today.”

Full story

The Times, 14th May 2007

Source: www.timesonline.co.uk

Copyright damages should not be punitive, says UK Government – OUT-LAW.com

Posted May 14th, 2007 in copyright, damages, news by sally

“The Government has proposed a change to the damages available under the Copyright, Designs and Patents Act, ruling out the possibility of the award of punitive damages in civil cases of copyright infringement.”

Full story

OUT-LAW.com, 14th May 2007

Source: www.out-law.com

R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) – WLR Daily

Posted May 14th, 2007 in EC law, law reports, waste by sally

R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) (Case C-252/05)

“The fact that the escape of waste water from a sewage system was accidental did not prevent the waste water from having been “discarded” and hence from being “waste” within Directive 75/442.”

WLR Daily, 10th May 2007

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.

Secretary of State for Trade and Industry v. Eastaway (No. 2) – WLR Daily

Posted May 14th, 2007 in company directors, disqualification, law reports by sally

Secretary of State for Trade and Industry v. Eastaway (No. 2)

“A company director against whom disqualification proceedings were pending was not entitled to have an undertaking made under the Carecraft procedure (see In re Carecraft Construction Co Ltd [1994] 1 WLR 172) set aside and the disqualification proceedings dismissed on the ground that the Strasbourg court had concluded that his civil rights and obligations had not been determined within a reasonable time pursuant to art 6 of the Convention.”

WLR Daily, 10th May 2007

Source: www.lawreports.co.uk

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

Hill and Another v. Haines – Times Law Reports

Posted May 14th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Family home is at risk from trustee after court transfer 

Hill and Another v. Haines

Chancery Division

“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”

The Times, 14th May 2007

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

Halpern and Another v Halpern and Others (No. 2) – Times Law Reports

Posted May 14th, 2007 in contracts, duress, law reports by sally

Counter-restitution not required

Halpern and Another v. Halpern and Others (No. 2) 

Court of Appeal

“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”

The Times, 14th May 2007

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.

See you in court? There’s a good chance – The Times

Posted May 14th, 2007 in news by sally

“Britain is becoming a nation of “law junkies”, with thousands heading to see lawyers each week, according to a survey.”

Full story

The Times, 14th May 2007

Source: www.timesonline.co.uk