George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) – WLR Daily

Posted February 1st, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) [2008] EWCA Civ 12; [2008] WLR (D) 23

“The Court of Appeal had jurisdiction to entertain an application by, and to grant permission to, someone who had not been a party to the proceedings in the court below, to enable them to appeal against the decision of the court below. The word “appellant” as defined in CPR Pt 52 did not exclude someone who had not been a party to the proceedings below and the rule should be interpreted in order to meet the overriding objective of enabling the court to deal with cases justly.”

WLR Daily, 31st January 2008

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.

Ofulue and another v Bossert – WLR Daily

Posted February 1st, 2008 in adverse possession, human rights, law reports by sally

Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22

“The Court of Appeal should follow a decision of the European Court of Human Rights that the law of adverse possession as it stood prior to the Land Registration Act 2002 did not violate the right to peaceful enjoyment of possessions, guaranteed by art 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st January 2008

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.

Glaxo Group Ltd v Genentech Inc and another – WLR Daily

Posted February 1st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and another [2008] EWCA Civ 23; [2008] WLR (D) 21

“The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the Convention under which the EPO was established.”

WLR Daily, 31st January 2008

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.

A v Hoare; X and another v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6; [2008] WLR (D) 20

“A claim for damages for personal injuries caused by a sexual assault fell within s 11 of the Limitation Act 1980, allowing a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings and the possibility of an extension beyond that if it was equitable to do so.”

WLR Daily, 31st January 2008

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.

Cinpres Gas Injection Ltd v Melea Ltd – WLR Daily

Posted February 1st, 2008 in law reports, patents, perjury, res judicata by sally

Cinpres Gas Injection Ltd v Melea Ltd [2008] EWCA Civ 9; [2008] WLR (D) 19

“Where an inventor who gave perjured evidence at the trial of his employer’s application for a patent had been more than a mere witness in those proceedings, his fraud should be treated as his employer’s fraud for the purposes of the fraud exception to the doctrine of res judicata.”

WLR Daily, 31st January 2008

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.

Best Value Tendering & One Case One Fee – The Bar Council

Posted February 1st, 2008 in barristers, fees, speeches, tenders by sally

“Desmond Browne QC’s address to the Bar Council on 26 January 2008 regarding the creation of the One Case One Fee (OCOF) Working Party.”

Best Value Tendering and “One Case One Fee” – The Legal Services Commission’s Proposals: Report by Desmond Browne to the Bar Council: Sat 26 January 2008 (Word)

The Bar Council, 31st January 2008

Source: www.barcouncil.org.uk

Revised Protocol for Payment of Fees in the Magistrates’ Courts – The Bar Council

Posted February 1st, 2008 in barristers, fees by sally

“The Bar Council, in consultation with the London Criminal Courts Solicitors Association, has updated the protocol setting out appropriate levels of remuneration for junior barristers acting as unassigned counsel in the Magistrates’ Courts.”

Revised Protocol for Payment of Fees in the Magistrates’ Courts (PDF)

Chairman’s Letter: Revised Protocol for Payment of Fees in the Magistrates’ Courts: 30 January 2008 (PDF)

The Bar Council, 31st January 2008

Source: www.barcouncil.org.uk

Murder rate falls for fifth successive year, but concern over ‘hidden’ family violence – The Guardian

Posted February 1st, 2008 in domestic violence, murder, news, statistics by sally

“The number of children murdered by their parents has risen by about one-third in the past year, from 24 to 33 victims, according to the latest Home Office homicide figures published yesterday. The figures reveal that this ‘hidden’ crime of parental child murder overshadows the highly publicised murders in which five under-16s were shot dead and a further four children were stabbed to death.”

Full story

The Guardian, 1st February 2008

Source: www.guardian.co.uk

Prison policy update – briefing paper – Ministry of Justice

Posted February 1st, 2008 in news, prisons by sally

“This briefing paper on the government’s prison policy provides an update on the prison building programme announced in December 2007, and outlines the further steps we are taking in the specific areas of drugs, prison work and alternatives to custody.”

Prison policy update – briefing paper (PDF)

Ministry of Justice, 31st Janaury 2008

Source: www.justice.gov.uk

Forced Marriage (Civil Protection) Act 2007 – Court Rules – Ministry of Justice

Posted February 1st, 2008 in consultations, forced marriages by sally

“This consultation seeks responses on the draft court rules for the Forced Marriage (Civil Protection) Act 2007. It is primarily aimed at professional court users and those with knowledge of family court rules.”

Forced Marriage (Civil Protection) Act 2007 – Court Rules – consultation paper (PDF)

Questionnaire (Word)

Ministry of Justice, 31st January 2008

Source: www.justice.gov.uk

Hilali v Governor of Whitemoor Prison – Times Law Reports

Posted February 1st, 2008 in extradition, jurisdiction, law reports by sally

Hilali v Governor of Whitemoor Prison

House of Lords

“Where there was a right of appeal under Part 1 of the Extradition Act 2003 to appeal against an extradition order, habeas corpus was excluded by section 34; it would be contrary to the principle of mutual recognition to which the Act gave effect to grant habeas corpus on the ground of a change of circumstances.”

The Times, 1st February 2008

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.

Hall and Others v Stone – Times Law Reports

Posted February 1st, 2008 in costs, damages, law reports by sally

Hall and Others v Stone

Court of Appeal

The fact that a successful claimant had not been awarded the whole amount of damages he sought did not mean that the defendant had partially succeeded and the judge could not reduce the claimant’s costs.

The Times, 1st February 2008

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.

Agencies ‘fail to prevent child abuse deaths’ – Daily Telegraph

Posted February 1st, 2008 in children, news, social services by sally

“Up to 100 children are dying every year from abuse and neglect in England because social workers and health professionals are too busy arguing over who is responsible for them, according to a report commissioned by the Government.”

Full story

Daily Telegraph, 1st February 2008

Source: www.telegraph.co.uk

Freedom Of Information: Government blocks access to secret military papers on Diego Garcia – The Independent

Posted February 1st, 2008 in armed forces, detention, freedom of information, special report, terrorism by sally

“The role of the British-owned Indian Ocean island of Diego Garcia in the detention of terror suspects remains unproven. There may be more to know, says Robert Verkaik, Law Editor.”

Full story

The Independent, 1st February 2008

Source: www.independent.co.uk

Asbo bans man’s sheep from village – Daily Telegraph

Posted February 1st, 2008 in ASBOs, grazing, news by sally

“A sheep farmer has been given an Asbo that deprives him of the ancient right to graze his flock in his village.”

Full story

Daily Telegraph, 1st January 2008

Source: www.telegraph.co.uk

Ex-forces heads reject war votes – BBC News

Posted February 1st, 2008 in armed forces, war by sally

“Four former chiefs of the defence staff have attacked the prime minister’s plans to let Parliament have the final say on sending troops to war.”

Full story

BBC News, 31st January 2008

Source: www.bbc.co.uk

Tax return deadline extended after website crashes – The Guardian

Posted February 1st, 2008 in income tax, internet, news by sally

“Tax payers have been given an extra 24 hours to file their self-assessment forms after problems with the HM Revenue & Customs website caused chaos ahead of the original midnight deadline.”

Full story

The Guardian, 31st Janaury 2008

Source: www.guardian.co.uk

High Court lifts gagging order on Iraqi abuse case – The Times

Posted February 1st, 2008 in armed forces, Iraq, news, reporting restrictions by sally

“The High Court today lifted a restraining order on The Times and other newspapers which had prevented reporting of allegations that British troops took part in the killing of 22 Iraqis.”

Full story

The Times, 31st January 2008

Source: www.timesonline.co.uk

‘Killer’ policeman breached bail condition – The Independent

Posted February 1st, 2008 in bail, murder, news by sally

“A judge released a senior police officer accused of murder on bail despite feeling it was a ‘very borderline decision’, it was revealed today.”

Full story

The Independent, 31st January 2008

Source: www.independent.co.uk

Russia seeks extradition of shipping magnate in UK – The Guardian

Posted February 1st, 2008 in extradition, news, Russia by sally

“The Kremlin is demanding the extradition of another Russian oligarch who has fled to England, the Guardian has discovered.”

Full story

The Guardian, 1st February 2008
Source: www.guardian.co.uk