October 2007 – Page 9 – Current Awareness

Wester v Borland – WLR Daily

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

“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

Posted October 18th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

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

Government’s response to report ‘Relations between the executive, the judiciary and Parliament’ – Ministry of Justice

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

“Government’s response to the House of Lords Select Committee on the Constitution’s report ‘Relations between the executive, the judiciary and Parliament’. The Committee’s inquiry was conducted between May 2006 and July 2007, producing several conclusions and recommendations for the Government and others. The report was published on 26 July 2007 and the response was published on 17 October 2007.”

Full story

Ministry of Justice, 17th October 2007

Source: www.justice.gov.uk

Ministers lose legal shakeup vote – BBC News

Posted October 18th, 2007 in legal profession, legal services, news, parliament by sally

“Ministers have lost a series of votes in the House of Lords over plans to regulate lawyers in England and Wales.”

Full story

BBC News, 17th October 2007

Source: www.bbc.co.uk

High Court judge wants to bring in ethnic quotas – The Times

Posted October 18th, 2007 in judiciary, minorities, news by sally

“Britain’s only black High Court judge last night condemned the ‘woefully slow’ rate of progress over opening up the judiciary to non-white candidates.”

Full story

The Times, 18th October 2007

Source: www.timesonline.co.uk

QC body: this year’s silk round to miss this year – Legal Week

Posted October 18th, 2007 in news, queen's counsel by sally

“The relaunched QC body is unlikely to finalise its new appointment round this year in a development that will raise questions about the future of the silks system.”

Full story

Legal Week, 18th October 2007

Source: www.legalweek.com

Review after toddler torture case – BBC News

Posted October 18th, 2007 in child abuse, news by sally

“A review is under way into the case of a man jailed for torturing his stepdaughter to death after neighbours had alerted the authorities.”

Full story

BBC News, 18th October 2007

Source: www.bbc.co.uk

Lawyers take MoD to court over Iraqi mutilation claims – The Guardian

Posted October 18th, 2007 in armed forces, Iraq, news, torture by sally

“The Ministry of Defence will come under fresh pressure tomorrow to launch an independent inquiry into allegations of abuse of Iraqis by British soldiers after a fierce gun battle with insurgents three years ago.”

Full story

The Guardian, 18th October 2007

Source: www.guardian.co.uk

Dispersal orders ‘displace crime’ – BBC News

Posted October 18th, 2007 in crime, dispersal orders, news by sally

“Police dispersal powers which aim to tackle anti-social behaviour merely displace crime to neighbouring areas, a report has suggested.”

Full story

BBC News, 18th October 2007

Source: www.bbc.co.uk

Boost for arbitration after landmark ruling – The Times

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

“London’s hopes of becoming the world’s pre-eminent centre for arbitration were boosted as the UK’s highest court officially embraced the alternative method of settling disputes.”

Full story

The Times, 17th October 2007

Source: www.timesonline.co.uk

Case quashed over lawyer on jury – BBC News

Posted October 18th, 2007 in criminal procedure, juries, news, rape by sally

“Law lords have overturned the rape conviction of a man in what his defence team are claiming could be a landmark judgement.”

Full story

BBC News, 17th October 2007

Source: www.bbc.co.uk

Asbestos victims lose compensation fight – Reuters

Posted October 17th, 2007 in appeals, compensation, industrial injuries, news by sally

“Victims of the early effects of exposure to asbestos lost a landmark compensation claim in the Lords on Wednesday.”

Full story

Reuters, 17th October 2007

Source: www.reuters.com

Princess Margaret’s ‘illegitimate son’ wins appeal right – The Guardian

Posted October 17th, 2007 in appeals, news, royal family, succession by sally

“A man claiming to be the illegitimate son of Princess Margaret today won the right to continue his fight to see the contents of her will.”

Full story

The Guardian, 17th October 2007

Source: www.guardian.co.uk

A shame for Peter Bloxham, but not for the profession – The Times

Posted October 17th, 2007 in age discrimination, law firms, partnerships, pensions, special report by sally

“It was intriguing that the loudest sighs of relief after Peter Bloxham lost his age discrimination claim against his former partners at Freshfields Bruckhaus Deringer last week were from lawyers nearer the end than the start of their careers.”

Full story

The Times, 17th October 2007

Source: www.timesonline.co.uk

Law lords to rule on asbestos-related test case – Reuters

Posted October 17th, 2007 in compensation, industrial injuries, news by sally

“Victims of an asbestos-related disease will learn on Wednesday if they can claim compensation, in a legal ruling that could leave insurers facing claims for millions of pounds.”

Full story

Reuters, 17th October 2007

Source: www.reuters.com