Month: July 2008

Podcast 76: Wood Report on BVC – City Law School response – Charon QC

Posted July 26th, 2008 in barristers, legal education, podcasts by sally

“Today I am talking to Stuart Sime, Barrister and Director of the BVC at The City Law School (Inns of Court School of Law) about his view of The Wood Report.

We discuss the content of the proposed Bar Professional Training Course and the way The City Law School approaches the training of bar students.”

Podcast

Charon QC, 23rd July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Podcast 75: Carl Gardner on the Mosley judgment, privacy and exemplary damages – Charon QC

Posted July 26th, 2008 in damages, defamation, podcasts, privacy by sally

“Today I am talking to Carl Gardner, barrister and author of the Head of Legal blog, about the judgment of Mr Justice Eady in Mosley. We examine the developing law on privacy, exemplary damages and question whether the decision was in fact a ‘landmark’ decision in some aspect, including, as a side effect, the law on consent generally after R v Brown.”

Podcast

Charon QC, 26th July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Recent Statutory Instruments – OPSI

Posted July 26th, 2008 in legislation by sally

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

The European Parliament (Number of MEPs and Distribution between Electoral Regions) (United Kingdom and Gibraltar) Order 2008

The Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008

The Small Limited Liability Partnerships (Accounts) Regulations 2008

The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

The Road Safety Act 2006 (Commencement No. 4) Order 2008

The Finance Act 2008, Schedule 38, (Appointed Day) Order 2008

The Individual Savings Account (Amendment No. 2) Regulations 2008

The Finance Act 2008 Section 135 (Disaster or Emergency) Order 2008

The Insurance Premium Tax (Amendment) Regulations 2008

The Gaming Duty (Amendment) Regulations 2008

The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2008

The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008

The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008

The Adventure Activities Licensing (Amendment) Regulations 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted July 26th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Juncal, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWCA Civ 869 (25 July 2008)

Goldeagle Properties Ltd v Thornbury Court Ltd (Rev 1) [2008] EWCA Civ 864 (25 July 2008)

High Court (Chancery Division)

Brittain v Courtway Estates Holdings SA & Anor [2008] EWHC 1791 (Ch) (25 July 2008)

Whiteley Insurance Consultants (a/k As Kingfisher Travel Insurance Services), Re v [2008] EWHC 1782 (Ch) (25 July 2008)

The Royal Oak Property Company Ltd v Iktilat & Anor [2008] EWHC 1703 (Ch) (23 July 2008)

High Court (Queen’s Bench Division)

Smith v ADVFN Plc & Ors [2008] EWHC 1797 (QB) (25 July 2008)

High Court (Family Division)

London Borough of Haringey v MA & Ors [2008] EWHC 1722 (Fam) (21 July 2008)

High Court (Administrative Division)

Liverpool City Council, R (on the application of) v London Borough of Hillingdon [2008] EWHC 1702 (Admin) (18 July 2008)

MT, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWHC 1788 (Admin) (25 July 2008)

High Court (Patents Court)

Land Securities Plc & Ors v The Registrar of Trade Marks [2008] EWHC 1744 (Pat) (25 July 2008)

Source: www.bailii.org

Legal aid for canoe fraud couple – BBC News

Posted July 26th, 2008 in fraud, legal aid, news, proceeds of crime by sally

“Back-from-the-dead canoeist John Darwin and his wife Anne have been awarded legal aid to fight attempts to recover their assets.”

Full story

BBC News, 25th July 2008

Source: www.bbc.co.uk

Nanny walks free after judge orders jury to find her not guilty of baby killing – Daily Telegraph

Posted July 26th, 2008 in child abuse, homicide, news by sally

“A nanny accused of killing the baby son of two police officers walked free from court after a judge directed a jury to find her not guilty. “

Full story

Daily Telegraph, 25th July 2008

Source: www.telegraph.co.uk

Human rights lawyer Keir Starmer named as new prosecution service chief – The Times

Posted July 26th, 2008 in barristers, Crown Prosecution Service, news by sally

“A barrister renowed for his ground-breaking human rights work was named yesterday as the next Director of Public Prosecutions.”

Full story

The Times, 26th July 2008

Source: www.timesonline.co.uk

Man jailed over tiny gun shooting – BBC News

Posted July 26th, 2008 in firearms, news, sentencing, wounding by sally

“A man has been jailed for nine years for shooting a fellow clubber with a mini four-inch key-ring gun.”

Full story

BBC News, 25th July 2008

Source: www.bbc.co.uk

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted July 25th, 2008 in capital gains tax, company law, law reports by sally

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253

“In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be ‘associated’ not only at the time of leaving the group but also at the time of the relevant intra-group transfer. On the proper construction of the section, the use of the word ‘associated’ on its second appearance was not redundant but required the court to consider whether that word was intended to serve some purpose and was not redundant.”

WLR Daily, 24th 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.

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

Posted July 25th, 2008 in expert witnesses, law reports, trade marks by sally

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th 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.

R v Hills; R v Davies; R v Pomfret – WLR Daily

Posted July 25th, 2008 in law reports, parole, sentencing by sally

R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251

There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”

WLR Daily, 24th 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.

Haringey London Borough Council v MA – WLR Daily

Posted July 25th, 2008 in adoption, law reports, parental responsibility by sally

Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250

“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”

WLR Daily, 24th 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.

R v Bieber – WLR Daily

Posted July 25th, 2008 in law reports, murder, sentencing by sally

R v Bieber; [2008] WLR (D) 249

“An irreducible life sentence for murder, which was imposed because the offence was so serious that for the purposes of punishment and deterrence the offender must remain in prison for the rest of his days, did not result in detention that constituted inhuman or degrading treatment. In any event, a whole life term was not an irreducible sentence since the Home Secretary could always use his statutory power to release a prisoner whose continued imprisonment would amount to inhuman or degrading treatment.”

WLR Daily, 24th 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.

BAILII: Recent Decisions

Posted July 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Johnston Publishing (North) Ltd. v The Commissioners for HM Revenue and Customs [20Q8] EWCA Civ 858 (23 July 2008)

Richardson & Anor v MacNab & Anor [2008] EWCA Civ 860 (24 July 2008)

Bush v Bush [2008] EWCA Civ 865 (24 July 2008)

Birmingham Development Company Ltd. v Tyler [2008] EWCA Civ 859 (24 July 2008)

High Court (Chancery Division)

Bocardo SA v Star Energy UK Onshore Ltd & Anor [2008] EWHC 1756 (Ch) (24 July 2008)

High Court (Queen’s Bench Division)

Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)

Dinedor Hill Action Association v County of Herefordshire District Council & Anor [2008] EWHC 1741 (Admin) (24 July 2008)

Source: www.bailii.org

Bulale v Secretary of State for the Home Department

Posted July 25th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department

Court of Appeal

“The Court of Appeal did have jurisdiction in rare cases to pursue of its own motion a point of general importance not raised below in order to ensure the state’s compliance with its international obligations.”

The Times, 25th July 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 July 25th, 2008 in legislation by sally

The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008

The Companies (Reduction of Share Capital) Order 2008

The Police Appeals Tribunals Rules 2008

The Police (Conduct) Regulations 2008

The Water Act 2003 (Commencement No. 8) Order 2008

The General Optical Council (Therapeutics and Contact Lens Specialties) Rules Order of Council 2008

The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2008

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2008

The Commonhold (Land Registration) (Amendment) Rules 2008

The Land Registration (Proper Office) (Amendment) Order 2008

The Health Service Branded Medicines (Control of Prices and Supply of Information) Regulations 2008

The Legislative Reform (Lloyd’s) Order 2008

The Police (Performance) Regulations 2008

Source: www.opsi.gov.uk

Crossrail Act 2008

Posted July 25th, 2008 in legislation, London, railways by sally

Crossrail Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Punishment that was not a crime: why Mosley won in the high court – The Guardian

Posted July 25th, 2008 in defamation, news, privacy by sally

“It was at 7:50am on Thursday July 10 when it all started to go really wrong for the News of the World. It was then, on the fourth day of Max Mosley’s privacy action, that the paper’s barrister, Mark Warby QC, received the devastating news from his clients. Woman E, the dominatrix paid £12,000 to secretly film Mosley in a sadomasochistic orgy, wasn’t coming to court that morning to appear as the paper’s star witness after all. ‘Her emotional and mental state is such that it would not be fair or reasonable to call her to give evidence’, Warby told the judge, Mr Justice Eady.”

Full story

The Guardian, 25th July 2008

Source: www.guardian.co.uk

How red-top lawyer Mr Justice Eady became privacy judge – The Times

Posted July 25th, 2008 in judges, privacy, special report by sally

“Mr Justice Eady has created almost single-handedly what is now a privacy law in Britain through a series of recent rulings that he sees as remedying a ‘glaring deficiency in our law’. ”

Full story

The Times, 25th July 2008

Source: www.timesonline.co.uk

Judge pulls out knife during court case – Daily Telegraph

Posted July 25th, 2008 in judges, news, offensive weapons by sally

“Judge Roger Connor brandished the pocket knife in front of a teenage defendant during the hearing at Oxford Crown Court.”

Full story

Daily Telegraph, 25th July 2008

Source: www.telegraph.co.uk