Government consults on web video regulation – OUT-LAW.com

Posted July 30th, 2008 in internet, media, news by sally

“The Government has published plans on how it might regulate the video on demand industry. It has also said that it is reluctant to relax rules on product placement on television.”

Full story

OUT-LAW.com, 30th July 2008

Source: www.out-law.com

Karaoke singer faces fine for Whitney Houston renditions – Daily Telegraph

Posted July 30th, 2008 in news, noise by sally

“A karaoke singer is facing a fine after breaking a noise abatement order by reciting hits such as ‘I Will Always Love You’ by Whitney Houston in her home.”

Full story

Daily Telegraph, 30th July 2008

Source: www.telegraph.co.uk

Judge says expert witnesses are rarely useful for trade mark disputes – OUT-LAW.com

Posted July 30th, 2008 in expert witnesses, news, trade marks by sally

“A judge has said that expert evidence in trade mark disputes is rarely likely to be relevant when it comes to deciding if a consumer will be confused by two supposedly similar marks.”

Full story

OUT-LAW.com, 30th July 2008

Source: www.out-law.com

Sham wedding powers ruled illegal – BBC News

Posted July 30th, 2008 in immigration, marriage, news by sally

“Law Lords have ruled the home secretary cannot use controversial powers to stop sham marriages as they discriminate against foreigners in the UK.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

House of Lords Judgments: What’s new?

Posted July 30th, 2008 in law reports by sally

Van Colle (administrator of the estate of GC (deceased)) and another (Original-Respondents and Cross-appellants) v Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent) Smith (Respondent) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 50 (30 July 2008)

Caldarelli (Appellant) v Court of Naples (Respondent) (Criminal Appeal from her Majesty’s High Court of Justice) [2008] UKHL 51 (30 July 2008)

R (on the application of M) (FC) (Respondent) v Slough Borough Council (Appellants) [2008] UKHL 52 (30 July 2008)

R (on the application of Baiai and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action (formerly R (on the application of Trzcinska and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action [2008] UKHL 53 (30 July 2008)

Maco Door and Windows Hardware (UK) Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) [2008] UKHL 54 (30 July 2008)

Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 (30 July 2008)

Gallagher (Valuation Officer) (Respondent) v Church of Jesus Christ of Latter-day saints (Appellants) [2008] UKHL 56 (30 July 2008)

Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UKHL 57 (30 July 2008)

R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UKHL 58 (30 July 2008)

McKinnon (Appellant) v Government of the United States of America (Respondents) and another [2008] UKHL 59 (30 July 2008)

R (on the application of Corner House Research and others) (Respondents) v Director of the Serious Fraud Office (Appellant) (Criminal Appeal from Her majesty’s High Court of Justice) [2008] UKHL 60 (30 July 2008)

Source: www.parliament.uk

HIV fire service man sues brigade – BBC News

Posted July 30th, 2008 in disability discrimination, HIV, news by sally

“A fire service control room operator with HIV is suing Greater Manchester Fire and Rescue Service for disability discrimination over his condition.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 30th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Khyam & Ors,R v [2008] EWCA Crim 1612 (23 July 2008)

Court of Appeal (Civil Division)

Handi-Craft Company & Anor v B Free World Ltd & Ors [2008] EWCA Civ 868 (30 July 2008)

High Court (Chancery Division)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)

High Court (Queen’s Bench Division)

Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd v Mott MacDonald Ltd [2008] EWHC 1864 (TCC) (17 July 2008)

Source: www.bailii.org

Cole wins ‘beating’ claim pay-out – BBC News

Posted July 30th, 2008 in defamation, news by sally

“Former England and Manchester United star Andrew Cole has accepted substantial undisclosed damages over a newspaper’s claim he beat his wife.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

RSPCA: ‘Throwaway society’ blamed as animal cruelty convictions rise – The Guardian

Posted July 30th, 2008 in animal cruelty, news by sally

“The number of people convicted of cruelty to animals rose by 24% last year, the RSPCA says today, as it blames ‘our throwaway society’ for making dogs, cats and horses helpless victims.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Police cleared over witness’s death – The Independent

Posted July 30th, 2008 in duty of care, human rights, negligence, news, police, witnesses by sally

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Hacker loses extradition appeal – BBC News

Posted July 30th, 2008 in computer crime, extradition, news by sally

“A Briton accused of hacking into top secret military computers has lost a Law Lords appeal against being extradited to stand trial in the US.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Lords overturn Saudi probe ruling – BBC News

Posted July 30th, 2008 in bribery, corruption, news, Saudi Arabia, Serious Fraud Office by sally

“The House of Lords has ruled that the Serious Fraud Office acted lawfully when it halted its investigation into a Saudi arms deal.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Daily Cause List, 30th July 2008

Posted July 30th, 2008 in news by sally

Wednesday 30th July 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

BBC fined £400,000 over phone-ins – BBC News

Posted July 30th, 2008 in media, news by sally

“The BBC has been fined £400,000 by media watchdog Ofcom for misleading its audiences by ‘faking’ phone-ins.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Tesco tax avoidance schemes can form part of libel case, judge rules – The Guardian

Posted July 30th, 2008 in corporation tax, defamation, news, tax avoidance by sally

“Details of elaborate offshore corporation tax avoidance schemes operated by Tesco were yesterday allowed to be introduced into evidence in a libel case the supermarket chain is bringing against the Guardian.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) – WLR Daily

Posted July 30th, 2008 in environmental protection, law reports, waste by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) [2008] EWHC 1763 (QB); [2008] WLR (D) 264

Sewage escaping from pipes maintained by a statutory undertaker was ‘controlled waste’ within the meaning of s 33 of the Environmental Protection Act 1990.”

WLR Daily, 29th July 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.

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

Posted July 30th, 2008 in arbitration, conflict of laws, freezing injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th July 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.

Regina (C) v Secretary of State for Justice – WLR Daily

Posted July 30th, 2008 in law reports, restraint, young offenders by sally

Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262

“The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children’s Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom.”

WLR Daily, 29th July 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.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 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.

JT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2008 in asylum, law reports, statutory interpretation by sally

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”

WLR Daily, 29th July 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.