Daily Telegraph Law Reports, 18th October 2007

Posted October 18th, 2007 in law reports by sally

Ledger v. Wootton & Anr

Lawntown Ltd. v. Camenzuli & Anr

Holmes v. Holmes

Soulsbury v. Soulsbury

O’Byrne v. Aventis Pasteur SA

Scottish & Southern Energy PLC v. MacKay

Daily Telegraph, 18th October 2007

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are only available online for one week.

Disabled teenager wins £5.5m compensation – Daily Telegraph

Posted October 18th, 2007 in birth, compensation, disabled persons, negligence, news by sally

“A teenager from West Bromwich was awarded a compensation package of nearly £5.5 million today after a series of failures during his birth left him severely disabled.”

Full story

Daily Telegraph, 18th October 2007

Source: www.telegraph.co.uk

Crime figures show decline – The Guardian

Posted October 18th, 2007 in crime, news, police, statistics by sally

“Crime recorded by the police in England and Wales fell by 7% in the 12 months to June, according to Home Office figures published today.”

Full story

The Guardian, 18th October 2007

Source: www.guardian.co.uk

Tidy-hair policy does not discriminate against Rastafarians, says EAT – OUT-LAW.com

Posted October 18th, 2007 in belief discrimination, employment, news, Rastafarians, victimisation by sally

“Rastafarians are protected by UK laws that ban workplace discrimination on the grounds of philosophical belief. But a tidy-hair policy does not discriminate against someone with dreadlocks, the Employment Appeal Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 18th October 2007

Source: www.out-law.com

Six men jailed over dog fight – The Guardian

Posted October 18th, 2007 in dogs, news by sally

“Six men were jailed today for taking part in the largest organised dog fight uncovered in England since 1867.”

Full story

The Guardian, 18th October 2007

Source: www.guardian.co.uk

Tennis instructor found guilty of molesting girl – The Guardian

Posted October 18th, 2007 in children, news, sexual offences by sally

“A tennis instructor accused of conducting an affair with a girl she was coaching was today found guilty of molesting the student.”

Full story

The Guardian, 18th October 2007

Source: www.guardian.co.uk

Should the Court of Appeal allow Katie Thorpe’s womb to be removed? – The Times

Posted October 18th, 2007 in disabled persons, medical ethics, news by sally

“A mother’s wish to have her disabled teenage daughter’s womb removed looks set to become the next landmark case in the courts to test the ethics of medical intervention where patients cannot decide for themselves.”

Full story

The Times, 18th October 2007

Source: www.timesonline.co.uk

Austin and another v Commissioner of Police of the Metropolis – WLR Daily

Posted October 18th, 2007 in demonstrations, law reports, police, public order by sally

Austin and another v Commissioner of Police of the Metropolis

“In extreme and exceptional circumstances it was lawful for the police to contain demonstrators and members of the public caught up in that demonstration even though they themselves did not appear to be about to commit a breach of the peace, where it was necessary to prevent an imminent breach of the peace by others, and no other means would achieve that.”

WLR Daily, 18th October 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.

R v Kennedy (No 2) – WLR Daily

Posted October 18th, 2007 in drug offences, homicide, law reports by sally

R v Kennedy (No 2) [2007] UKHL 38

The answer to the question ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self-administered by the person to whom it was supplied, and the administration of the drug then causes his death?’ was: ‘In a case where the deceased was a fully-informed and responsible adult, never’.”

WLR Daily, 18th October 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.

Recent Statutory Instruments – OPSI

Posted October 18th, 2007 in legislation by sally

The Plant Health (Wales) (Amendment) Order 2007

The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007

The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2007

The Agricultural Holdings (Units of Production) (England) Order 2007

The Prison (Amendment) Rules 2007

The Young Offender Institution (Amendment) Rules 2007

The Value Added Tax (Special Provisions) (Amendment) Order 2007

The Exempt Charities (No. 3) Order 2007

The Inspectors of Education, Children’s Services and Skills (No.5) Order 2007

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

Source: www.opsi.gov.uk

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same – Times Law Report

Posted October 18th, 2007 in human rights, judicial review, law reports, parole, sentencing by sally

Relationship too close for independence of board

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same

Queen’s Bench Divisional Court

“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”

The Times, 18th October 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.

Let your employees use Facebook — it’s less risky than you think – The Times

Posted October 18th, 2007 in employment, internet, special report by sally

“Web 2.0 has thrown up new legal challenges for businesses but they shouldn’t detract from the opportunities.”

Full story

The Times, 18th October 2007

Source: www.timesonline.co.uk

Palacios de la Villa v Cortefiel Servicios SA – WLR Daily

Posted October 18th, 2007 in age discrimination, EC law, law reports, retirement by sally

Palacios de la Villa v Cortefiel Servicios SA (Case C-411/05)

“Although a Spanish law permitting compulsory retirement at age 65 gave rise to a difference in treatment directly based on age, as referred to in art 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, it was justified under art 6 as a measure having a legitimate aim relating to employment policy.”

WLR Daily, 16th October 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.

R v Abdroikov; R v Green; R v Williamson – WLR Daily

Posted October 18th, 2007 in criminal procedure, juries, law reports by sally

R v Abdroikov; R v Green; R v Williamson [2007] UKHL 37

“The principle that justice should not only be done but should be seen to be done and that a defendant had a right to be tried by an independent and impartial tribunal might in certain circumstances be violated when a serving police officer or a lawyer employed by a prosecuting authority was a member of a jury.”

WLR Daily, 17th October 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.

Wester v Borland – WLR Daily

Posted October 18th, 2007 in law reports, trusts by sally

Wester v Borland

“A trustee seeking to exercise his power of lien over a trust fund had to demonstrate that there were substantial grounds upon which to do so and that he had taken all reasonable steps to ascertain his liability. Once he had done that it was for the beneficiaries to demonstrate that those grounds did not exist.”

WLR Daily, 15th October 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.

United Utilities Water plc v Environment Agency for England and Wales – WLR Daily

Posted October 18th, 2007 in environmental protection, law reports, waste by sally

United Utilities Water plc v Environment Agency for England and Wales [2007] UKHL 41

“The requirement for a permit to operate waste water treatment plants which disposed of non-hazardous water waste applied to plants where intermediate treatment took place prior to its transportation to another installation for further treatment and disposal. The House of Lords so held in dismissing an appeal by United Utilities Water plc against the decision of the Court of Appeal (Sir Anthony Clarke, MR, Laws and Smith LJJ) [2006] EWCA Civ 633 upholding an order of Nelson J that United Utilities required a permit from the Environment Agency for England and Wales for sludge treatment plants at Bolton, Davyhulme and Widnes.”

WLR Daily, 17th October 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.

Rothwell v Chemical and Insulating Co Ltd and another; Topping v Bench Town Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F T Everard & Sons Ltd and another – WLR Daily

Posted October 18th, 2007 in industrial injuries, law reports, negligence by sally

Rothwell v Chemical and Insulating Co Ltd and another; Topping v Bench Town Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F T Everard & Sons Ltd and another [2007] UKHL 39

“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment, could not sue his employers for negligence because the presence of pleural plaques did not constitute actionable damage. Although pleural plaques indicated the presence in the lungs and pleura of asbestos fibres which could cause other life-threatening diseases such as asbestosis or mesothelioma, the risk of future illness was not actionable, neither was a psychiatric illness caused by the contemplation of that risk, and those three factors could not be aggregated so as to give rise to a cause of action.”

WLR Daily, 17th October 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.

Moncrieff and another v Jamieson and others – WLR Daily

Posted October 18th, 2007 in law reports, parking, Scotland, servitudes by sally

Moncrieff and another v Jamieson and others [2007] UKHL 42

“A servitude right to park vehicles, where necessary for the comfortable use and enjoyment of a right of vehicular access, was capable of being constituted in the law of Scotland as ancillary thereto.”

WLR Daily, 17th October 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.

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) – WLR Daily

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) [2007] UKHL 40

“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”

WLR Daily, 17th October 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.

House of Lords Judgments: What’s new?

Posted October 18th, 2007 in law reports by sally

R v. Abdroikof (Appellant) and another (On Appeal from the Court of Appeal (Criminal Division)) R v. Abdroikof and another (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) R v. Williamson (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (Conjoined Appeals) [2007] UKHL 37

R v. Kennedy (On Appeal from the Court of Appeal (Criminal Division) [2007] UKHL 38

Johnston (Original Appellant and Cross-respondent) v. NEI International Combustion Limited (Original Respondents and Cross-appellants) Rothwell (Original Appellant and Cross-respondent) v. Chemical and Insulating Company Limited and others (Original Respondents and Cross-appellants) Topping (Original Appellant and Cross-respondent) v. Benchtown Limited (formerly Jones Bros Preston Limited (Original Respondents and Cross-appellants) (Conjoined Appeals) Grieves (Appellant) v. F T Everard & Sons and others (Respondents) [2007] UKHL 39

Premium Nafta Products Limited (20th Defendant) and others (Respondents) v. Fili Shipping Company Limited (14th Claimant) and others (Appellants) [2007] UKHL 40

United Utilities Water plc (Appellants) v. Environment Agency for England and Wales (Respondents) [2007] UKHL 41

Moncrieff and another (Respondents) v. Jamieson and others (Appellants) (Scotland) [2007] UKHL 42

Source: www.parliament.uk