Day: 25 October 2007

Way v Poole Borough Council and Another – Times Law Reports

Posted October 25th, 2007 in judgments, law reports, special educational needs, tribunals by sally

Fresh hearing not required

Way v Poole Borough Council and Another

Court of Appeal

“The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal.”

The Times, 25th 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.

Fiona Trust and Holding Corporation and Others v Privalov and Others – Times Law Reports

Posted October 25th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Bribery dispute is within scope of charterparty

Fiona Trust and Holding Corporation and Others v Privalov and Others

House of Lords

“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”

The Times, 25th 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.

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) – WLR Daily

Posted October 25th, 2007 in law reports, patents, time limits by sally

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) [2007] UKHL 43

“When a reference pursuant to s 37(1)(a) of the Patents Act 1977 for joint ownership of a patent had been made and the Comptroller of Patents Designs and Trademarks was seised of the matter, an amendment so as to claim sole ownership of the patent did not amount to the making of a new or different claim which was outside the limitation period.”

WLR Daily, 24th 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.

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

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.

Michael Bright gets maximum seven years for Independent Insurance fraud – The Times

Posted October 25th, 2007 in fraud, news, sentencing by sally

“Michael Bright, the founder and former chief executive of Independent Insurance, was sentenced to seven years in jail yesterday for committing fraud that helped to cause the company’s downfall.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

A UK Perspective on EU Civil Justice – Impact on Domestic Dispute Resolution – Speech by Sir Anthony Clarke

Posted October 25th, 2007 in civil justice, civil procedure rules, speeches by sally

A UK Perspective on EU Civil Justice – Impact on Domestic Dispute Resolution (pdf)

Speech by Sir Anthony Clarke, Master of the Rolls.

EU Civil Justice Day Conference, 25th October 2007

Source: www.judiciary.gov.uk

Employers face prosecution over crashes involving company car drivers – The Times

Posted October 25th, 2007 in corporate manslaughter, insurance, news, road safety by sally

“Companies that fail to make sure that their employees drive safely face prosecution under a new campaign by police to reduce the 1,000 fatal crashes a year involving work vehicles.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

Daily Telegraph Law Reports, 25th October 2007

Posted October 25th, 2007 in law reports by sally

R v. Abdroikov & Other

Dimmock v. Secretary of State for Children, Schools & Families

Johnston v. NEI International Combustion Ltd.; Rothwell v. Chemical & Insulating Co. Ltd.  & Others; Topping v. Benchtown Ltd.; Grieves v. FT Everard & Others

R v. Kennedy

R v. MacFarlane

United Utilities Water Plc v. Environment Agency for England & Wales

Daily Telegraph, 25th October 2007

Source: www.telegraph.co.uk

Jury service: should the Government turn the clock back? – The Times

Posted October 25th, 2007 in juries, special report by sally

“Do people in the legal profession influence the juries on which they sit — and does having a police officer or lawyer make that jury less impartial?”

Full story

The Times, 24th October 2007

Source: www.timesonline.co.uk

Plans to relax law on early abortion – The Times

Posted October 25th, 2007 in abortion, news by sally

“The most extensive liberalisation of abortion laws for 40 years is being planned by MPs, The Times has learnt.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

Senior judge calls for trust in jury system – The Times

Posted October 25th, 2007 in juries, news by sally

“Britain’s most senior judge has called for judges and the legal system to place more trust in the common sense of juries.”

Full story

The Times, 24th October 2007

Source: www.timesonline.co.uk

Solicitors Regulation Authority: we are not institutionally racist – The Times

Posted October 25th, 2007 in law firms, minorities, news, Solicitors Regulation Authority by sally

“The chief executive of the SRA says it is determined to understand why certain groups figure more highly in some areas of regulation.”

Full story

The Times, 24th October 2007

Source: www.timesonline.co.uk

Constitutional reforms will enshrine right of MPs to vote on going to war – The Independent

Posted October 25th, 2007 in constitutional reform, news, parliament by sally

“Some of the most sweeping changes to the powers of Parliament are to be announced today, including a guarantee that MPs will have a vote before British troops can go to war.”

Full story

The Independent, 25th October 2007

Source: www.independent.co.uk

Equalities head calls for reform of tribunal system – The Guardian

Posted October 25th, 2007 in class actions, equality, human rights, news by sally

“Access to justice is a luxury for many victims of discrimination, the head of the new equalities watchdog warned last night.”

Full story

The Guardian, 24th October 2007

Source: www.guardian.co.uk

Widow sentenced to eternity with in-laws – Daily Telegraph

Posted October 25th, 2007 in burials and cremation, news by sally

“A widow who does not want to be buried with her parents-in-law has failed in her attempt to have her husband’s ashes dug up.”

Full story

Daily Telegraph, 25th October 2007

Source: www.telegraph.co.uk