ISP told to block file-sharing in landmark case – OUT-LAW.com

Posted July 6th, 2007 in copyright, EC law, internet by michael

“An internet service provider in Belgium must screen traffic for music piracy, a court has ruled in a decision which overturns conventional thinking on how two major European directives relate to one another.”

Full story

OUT-LAW.com, 6th July 2007

Source: www.out-law.com

House of Lords Judgments: What’s new?

Posted July 6th, 2007 in law reports by michael

Lonsdale (t/a Lonsdale Agencies) (Appellant) v. Howard & Hallam Limited (Respondents)

Seal (FC) (Appellant) v. Chief Constable of South Wales Police (Respondent)

Source: www.parliament.uk

CPS has ‘all evidence it needs’ in honours case – The Guardian

Posted July 6th, 2007 in news, peerages & dignities by michael

“The Crown Prosecution Service said today it had ‘all the evidence we need to make a decision’ on whether to bring charges in the cash-for-honours affair.”

Full story

Guardian, 6th July 2007

Source: www.guardian.co.uk

Ellis v Bristol City Council – WLR Daily

Posted July 6th, 2007 in codes of practice, health & safety, law reports by michael

Ellis v Bristol City Council [2007] EWCA Civ 685

The Code of Practice issued by the Health and Safety Commission was aimed to give guidance to the construction of health and safety regulations; a judge in construing the meaning of a regulation, should have regard to its meaning and purpose, any relevant judicial authority and also the Code of Practice when considering whether a place of work was unsafe for the employees working there.”

 WLR Daily, 6th July 2007

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.

Abdirahman v. Secretary of State for Work and Pensions – WLR Daily

Posted July 6th, 2007 in law reports, social security by michael

Abdirahman v Secretary of State for Work and Pensions: Abdirahman v Leicester City Council and another: Ullusow v Secretary of State for Work and Pensions

When considering applications made by EU and EEA nationals living in the United Kingdom for social security benefits who were neither economically active nor self-sufficient, lawful presence in the United Kingdom was not to be equated with a right to reside within the meaning of reg 21(3G) of the Income Support (General) Regulations 1987 for the purposes of entitlement to social security benefits.”

WLR Daily, 6th July 2007

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.

Man jailed over terror cell plans – BBC News

Posted July 6th, 2007 in news, sentencing, terrorism by michael

“A man who stored up what police called a ‘vast library of terrorist material’ has been jailed for nine years.”

Full story

BBC News, 6th July 2007

Source: www.bbc.co.uk

Judge limits payout to Paddington crash killer – The Guardian

Posted July 6th, 2007 in compensation, news by michael

“A judge today limited the compensation claim of a Paddington train crash survivor who said he had been turned into a killer by post-traumatic stress disorder.”

Full story

The Guardian, 6th July 2007

Source: www.guardian.co.uk

Our data retention is not data protection watchdogs’ business, says Google privacy boss – OUT-LAW.com

Posted July 6th, 2007 in data protection, internet, news by michael

“The retention of search engine query data is a security matter and not one for Europe’s data protection officials, according to Google’s global privacy chief. Peter Fleischer said that its retention of user search data was ‘just not their field.”

Full story

OUT-LAW.com, 6th July 2007

Source: www.out-law.com

R (OSS Group Ltd) v Environment Agency – Times Law Reports

Posted July 6th, 2007 in environmental protection, law reports, waste by sally

Waste Directive does not cover old lubricating oil used as fuel

R (OSS Group Ltd) v. Environment Agency

Court of Appeal

“Lubricating oil collected after use and processed into fuel oil for burning could cease to be waste before it was burnt.”

The Times, 6th July 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   

R (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports

Posted July 6th, 2007 in child support, duty of care, law reports by sally

No duty of care owed over child support

R (Rowley and others) v. Secretary of State for Work and Pensions

Court of Appeal

“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”

The Times, 6th July 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   

Shala v Birmingham City Council – Times Law Reports

Posted July 6th, 2007 in housing, law reports by sally

Councils must not shelter behind doctors

Shala v. Birmingham City Council

Court of Appeal

“Local authorities had to take care not to appear to be using professional medical advisers simply to provide or shore up their reasons to refuse applicants’ applications for housing as persons in priority need.”

The Times, 6th July 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   

ABS drive is “threat” to quality of advice – Law Society’s Gazette

Posted July 6th, 2007 in legal services, news, solicitors by sally

“Legal professionals fear that alternative business structures (ABSs) – the key element of the Legal Services Bill – will compromise the quality of legal advice, according to a report to be published this week.”

Full story

Law Society Gazette, 5th July 2007

Source: www.lawgazette.co.uk

Telephone trade as good as a written contract, High Court rules – The Times

Posted July 6th, 2007 in contracts, news by sally

“The City of London breathed a collective sigh of relief this afternoon as the High Court confirmed that despite major technological advancements and cultural changes, the principle of ‘my word is my bond’ was still relevant in the modern world.  In the first case of its kind, a judge ruled that an investment fund could not pull out of a financial transaction after circumstances made the deal substantially less attractive. ”

Full story

The Times, 6th July 2007

Source: www.timesonline.co.uk

Outcry over move to seize bank assets – Financial Times

Posted July 6th, 2007 in banking, news, tax evasion by sally

“Scores of tax consultants on Thursday rushed to condemn the proposal drawn up by Revenue & Customs that could allow the seizure of unpaid taxes from people’s bank accounts without a court order.”

Full story

Financial Times,  6th July 2007

Source: www.ft.com

Battle over control orders goes to Lords – The Guardian

Posted July 6th, 2007 in control orders, human rights, news by sally

“The government today launches a legal battle to try to persuade Britain’s top court, the House of Lords, that the control order regime, which it sees as a key weapon against terrorism, does not violate terror suspects’ human rights.”

Full story

The Guardian, 6th July 2007

Source: www.guardian.co.uk

Richard & Judy phone company fined over “misleading” TV quiz – The Times

Posted July 6th, 2007 in media, news by sally

“A fine of £150,000 is to be levied on the phone company involved in the Richard & Judy phone quiz scandal – but the broadcaster, Channel 4, and the producer, Cactus Television, face a further inquiry to learn whether they will be punished.”

Full story

The Times, 6th July 2007

Source: www.timesonline.co.uk

Family will sue after daughter’s nursery death ruled unlawful – The Times

Posted July 6th, 2007 in children, homicide, negligence, news by sally

“The death of a 16-month-old girl at a nursery was the result of negligence so serious that it amounted to manslaughter, an inquest jury ruled yesterday.”

Full story

The Times, 6th July 2007

Source: www.timesonline.co.uk