Employee’s past can contribute to dismissal despite expired warnings, says judge – OUT-LAW.com

Posted February 12th, 2008 in disciplinary procedures, dismissal, news, time limits by sally

“An employee’s past conduct can be taken into account when dismissing them, even if that conduct was the subject of a written warning which has since expired, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 12th February 2008

Source: www.out-law.com

Consumers warned on data loss compensation packs – OUT-LAW.com

Posted February 12th, 2008 in competition, data protection, news by sally

“Victims of Government data loss are being encouraged to buy packs claiming to help them claim compensation. Thousands have paid out, but privacy lawyers have warned that success is very unlikely.”

Full story

OUT-LAW.com, 12th February 2008

Source: www.out-law.com

Magistrate carried out Tube scam – BBC News

Posted February 12th, 2008 in magistrates, news, theft, transport by sally

“A magistrate who carried out a £5,000 Tube ticket scam has been given a suspended sentence.”

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BBC News, 12th Februrary 2008

Source: www.bbc.co.uk

How many law lords does it take to decide a case? – The Times

Posted February 12th, 2008 in appeals, case management, judiciary, special report by sally

“How many law lords does it take to decide a case? Normally, the answer is five. But last week and this, nine members of the Appellate Committee of the House of Lords are hearing two important cases. When the new Supreme Court opens its doors in October 2009, seven or nine justices should hear every case.”

Full story

The Times, 12th February 2008

Source: www.timesonline.co.uk

UK-IPO changes software patent advice – OUT-LAW.com

Posted February 12th, 2008 in computer programs, news, patents by sally

“The UK Intellectual Property Office (UK-IPO) will not appeal against a High Court ruling that some computer programs can be patented. It has amended its guidance to firms on the controversial issue.”

Full story

OUT-LAW.com, 12th February 2008

Source: www.out-law.com

Dust off the closed files, justice is opening up – The Times

Posted February 12th, 2008 in reporting restrictions, special report by sally

“The media’s freedom to report legal matters is always in a state of flux, but new access to documents will improve scrutiny.”

Full story

The Times, 12th February 2008

Source: www.timesonline.co.uk

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others – WLR Daily

Posted February 12th, 2008 in law reports, royal family, wills by sally

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others [2008] EWCA Civ 56; [2008] WLR (D) 41

“The process by which a judge had ordered that the wills of two deceased members of the royal family should not be open to public inspection was not transparent, nor were the criteria applied plain, and, therefore, a person who had applied to inspect the wills was entitled to have a substantive hearing of his application, even though it was motivated by an irrational and scandalous belief.”

WLR Daily, 11th February 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.

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Posted February 12th, 2008 in adverse possession, law reports, mortgages, time limits by sally

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”

WLR Daily, 11th February 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.

Statek Corporation v Alford and Another – Times Law Reports

Posted February 12th, 2008 in breach of trust, law reports, time limits by sally

Statek Corporation v Alford and Another

Chancery Division

“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”

The Times, 12th 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.

Majorstake Ltd v Curtis – Times Law Reports

Posted February 12th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis

House of Lords

“‘Premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises.”

The Times, 12th 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.

Recent Statutory Instruments – OPSI

Posted February 12th, 2008 in legislation by sally

The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008

The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008

The Petroleum Licensing (Production) (Seaward Areas) Regulations 2008

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008

The Armed Forces (Gurkha Pensions) (Amendment) Order 2008

The Child Benefit Up-rating Order 2008

The Payments into the Olympic Lottery Distribution Fund etc. Order 2008

Source: www.opsi.gov.uk

Get prisoners into open jails, governors told as cells fill up – The Guardian

Posted February 12th, 2008 in news, prisons by sally

“Prison governors have been told to move as many inmates as possible to open jails as an emergency response to the latest surge in prisoner numbers, which have reached a new record of 81,681 in England and Wales.”

Full story

The Guardian, 12th Febraury  2008

Source: www.guardian.co.uk

QCs, Law Soc in face-off over solicitor code rights – The Lawyer

Posted February 12th, 2008 in Law Society, licensing, news, publishing by sally

“Two leading silks have initiated proceedings against the Law Society for the right to include the new Solicitors’ Code of Conduct in a handbook they co-authored.”

Full story

The Lawyer, 11th February 2008

Source: www.thelawyer.com

Ministers confirm that US wants armed guards on transatlantic flights – The Guardian

Posted February 12th, 2008 in airlines, immigration, news, terrorism by sally

“Ministers admitted yesterday that they are examining Washington’s demands to allow armed guards on US airline flights from the UK to America, and indicated that the request could affect the future of visa-free travel by Britons to America.”

Full story

The Guardian, 12th February 2008

Source: www.guardian.co.uk

‘Sorry for any confusion but it is my right and duty to talk about religion and the law’ – The Times

Posted February 12th, 2008 in islamic law, news by sally

“The Archbishop of Canterbury apologised to the Church of England yesterday for any ‘misleading choice of words’ when he delivered his controversial speech on Islam, but insisted that he stood by his right to tackle such issues.”

Full story

The Times, 12th February 2008

Source: www.timesonline.co.uk

Internet users could face disconnection for illegal downloads – The Guardian

Posted February 12th, 2008 in copyright, internet, news by sally

“Internet users who illegally download music and films could lose their access to the web under legislation aimed at cracking down on those who flout piracy laws. Powers being drafted by the government will compel internet service providers to take action against customers who access pirated material.”

Full story

The Guardian, 12th February 2008

Source: www.guardian.co.uk 

Mother jailed for crying rape – Daily Telegraph

Posted February 12th, 2008 in news, perverting the course of justice, rape, sentencing by sally

“A young mother of three who tried to frame her lover for rape after her boyfriend found out about their affair was jailed for four months on Monday.”

Full story

Daily Telegraph, 12th February 2008

Source: www.telegraph.co.uk

Barristers escape perjury claims – The Lawyer

Posted February 12th, 2008 in barristers, news, perverting the course of justice by sally

“A senior barrister from Furnival chambers has shrugged off claims that he perverted the course of justice after the Divisional Court quashed summonses issued against him.”

Full story

The Lawyer, 11th February 2008

Source: www.thelawyer.com

Mothers of Iraq victims take case for inquiry to law lords – The Times

Posted February 12th, 2008 in armed forces, Iraq, news, war by sally

“The ‘overwhelming’ body of legal advice received by the Government in the lead-up to the invasion of Iraq in 2003 was that it would be unlawful without a proper mandate by the United Nations, nine law lords were told yesterday.”

Full story

The Times, 12th February 2008

Source: www.timesonline.co.uk

Woman jailed for murder of 100-year-old – Reuters

Posted February 12th, 2008 in murder, news, sentencing by sally

“A woman who murdered her 100-year-old aunt, a former dressmaker to the Queen, during a feud over a will was jailed for a minimum of 20 years on Monday.”

Full story

Reuters, 11th February 2008

Source: www.reuters.com