Month: October 2007

Lawntown Ltd v Camenzuli and another – WLR Daily

Posted October 12th, 2007 in housing, law reports, restrictive covenants by sally

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th 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.

Soulsbury v Soulsbury – WLR Daily

Posted October 12th, 2007 in divorce, law reports, periodical payments, wills by sally

Soulsbury v Soulsbury [2007] EWCA Civ 938

“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”

WLR Daily, 10th 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.

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd – WLR Daily

Posted October 12th, 2007 in Community designs, EC law, law reports by sally

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936

“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”

WLR Daily, 10th 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 12th, 2007 in legislation by sally

The Education (Listed Bodies) (Wales) Order 2007

The Armed Forces Act 2006 (Commencement No. 2) Order 2007

The Social Fund Cold Weather Payments (General) Amendment Regulations 2007

The Gaming Duty (Additional Games) Order 2007

The Landfill Tax (Material Removed from Water) Order 2007

The Finance Act 2006 (Climate Change Levy: Amendments and Transitional Savings in Consequence of Abolition of Half-rate Supplies) (Appointed Day) Order 2007

The Climate Change Levy (General) (Amendment) Regulations 2007

The Finance Act 2007 (Climate Change Levy: Reduced-rate Supplies etc) (Appointed Day) Order 2007

The Education (Recognised Bodies) (Wales) Order 2007

The Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment No.4) Order 2007

The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2007

The Social Security (Claims and Information) Regulations 2007

The Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2007

The Channel Tunnel (International Arrangements) (Amendment) Order 2007

The Returning Officers (Parliamentary Constituencies) (England) Order 2007

The Food for Particular Nutritional Uses (Miscellaneous Amendments) (Wales) Regulations 2007

The Nutrition and Health Claims (Wales) Regulations 2007

Source: www.opsi.gov.uk

Cashflow crisis – Law Society’s Gazette

Posted October 12th, 2007 in fees, legal aid, special report by sally

“This month marks the beginning of a new era in civil legal aid. but many who work in the field believe the arrival of fixed fees is a disaster for the profession. Jon Robins reports.”

Full story

Law Society’s Gazette, 11th October 2007

Source: www.lawgazette.co.uk

Delivering value – but at what cost? – Law Society’s Gazette

Posted October 12th, 2007 in fees, law firms, news by sally

“This is an edited version of Stop the Clock?, a research report on value and fees in legal services produced by the Commerce & Industry Group and accountants and business advisers BDO Stoy Hayward.”

Full story 

Law Society’s Gazette, 11th October 2007 

Source: www.lawgazette.co.uk  

Related link: Stop the clock? (PDF) – Commerce & Industry Group

Lawyers fail to take email security precautions – Law Society’s Gazette

Posted October 12th, 2007 in electronic mail, law firms, news, privacy by sally

“Lawyers are using email to send sensitive information even though they think it is one of the least safe ways of communicating, according to a recent poll.”

Full story

Law Society’s Gazette, 11th October 2007

Source: www.lawgazette.co.uk

Moustache sacrifice closes case – The Times

Posted October 12th, 2007 in assault, news by sally

“A man promised a court that he would shave off his Edwardian-style, dandy moustache as a way of making amends for a charge of common assault.”

Full story

The Times, 12th October 2007

Source: www.timesonline.co.uk

Solicitors make millions from sick miners’ claims – The Guardian

Posted October 12th, 2007 in industrial injuries, miners, news, solicitors by sally

“Beresfords, a tiny firm of solicitors in Doncaster, has received £123m from the taxpayer by winning compensation claims on behalf of coal miners for work-related diseases, new government figures show.”

Full story

The Guardian, 12th October 2007

Source: www.guardian.co.uk

Muslim soldier’s death ‘unlawful’ – BBC News

Posted October 12th, 2007 in Afghanistan, armed forces, inquests, news, unlawful killing by sally

“A verdict of unlawful killing has been recorded on the first British Muslim soldier to be killed during the conflict in Afghanistan.”

Full story

BBC News, 11th October 2007

Source: www.bbc.co.uk

Victory for journalist as ‘bent cop’ libel is rejected – The Times

Posted October 12th, 2007 in defamation, news, police by sally

“A journalist who suggested that a former police officer may be corrupt was cleared of libel in the Court of Appeal yesterday.”

Full story

The Times, 12th October 2007

Source: www.timesonline.co.uk

Opt-outs may cause problems, MPs warn Brown – The Guardian

Posted October 12th, 2007 in constitutional law, EC law, news by sally

“Gordon Brown’s efforts to protect Britain’s opt-outs on the new EU treaty at next week’s summit in Lisbon came under fresh pressure yesterday when a Labour-dominated committee of MPs claimed the latest draft of the treaty presented fresh threats to British sovereignty.”

Full story

The Guardian, 12th October 2007

Source: www.guardian.co.uk

Crime assets agency ‘ill-planned’ – BBC News

Posted October 12th, 2007 in confiscation, news, proceeds of crime by sally

“The setting up of a government agency to seize criminals’ wealth was ill-planned and unrealistic, an influential group of MPs has said.”

Full story

BBC News, 11th October 2007

Source: www.bbc.co.uk  

Foreign Offfice gag on memoirs angers former diplomats – The Guardian

Posted October 12th, 2007 in confidentiality, diplomats, freedom of expression, news by sally

“A former British diplomat yesterday denounced a lifetime confidentiality agreement demanded by the Foreign Office as ‘unworkable and draconian’, and has refused to sign it.”

Full story

The Guardian, 12th October 2007

Source: www.guardian.co.uk

Profile: Lord Justice Scott Baker – Daily Telegraph

Posted October 12th, 2007 in inquests, judges, special report by sally

“When Lord Justice Scott Baker walked into the Paris Ritz hotel this week, with the jurors from the Diana, Princess of Wales, inquest, he would have experienced a sharp sense of deja vu.”

Full story

Daily Telegraph, 11th October 2007

Source: www.telegraph.co.uk

More cash for injured troops in compensation shake-up – The Independent

Posted October 12th, 2007 in armed forces, compensation, news by sally

“The most seriously injured troops are to receive more cash under reforms to the Armed Forces Compensation Scheme announced today.”

Full story

The Independent, 11th October 2007

Source: www.independent.co.uk

Related link: Injury table and payments – Daily Telegraph, 12th October 2007

MPs resume cash-for-honours inquiry – The Guardian

Posted October 11th, 2007 in news, parliament, peerages & dignities by sally

“The long-running cash-for-honours controversy threatens to come back and haunt Gordon Brown today when MPs resume their inquiry into the affair.”

Full story

The Guardian, 11th October 2007

Source: www.guardian.co.uk

BPP Law School: Forget students, this college has ‘clients’ – The Independent

Posted October 11th, 2007 in legal education, news by sally

“On the day last month that BPP was granted degree-awarding powers, its share price jumped 13 per cent. These two events summed up the fact that Britain’s newest higher education institution is not your average university.”

Full story

The Independent, 11th October 2007

Source: www.independent.co.uk

R v Clark – WLR Daily

Posted October 11th, 2007 in adjournment, law reports by sally

R v Clark

“A case management decision refusing to order an adjournment before trial or indeed at any time before the start of the summing up could constitute a terminating ruling against which a prosecutor could appeal.”

WLR Daily, 10th 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.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted October 11th, 2007 in law reports, limitations, substitution by sally

O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 939

“A party could be substituted under s 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damage caused by a defective product had expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original action.”

WLR Daily, 10th 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.