‘Illiterate’ worker angers judge – BBC News

Posted August 12th, 2008 in indictments, news by sally

“An angry judge has branded a prosecution worker an ‘illiterate idiot’ after spotting several spelling mistakes in an indictment.”

Full story

BBC News, 12th August 2008

Source: www.bbc.co.uk

The long arm of the English courts – The Times

Posted August 12th, 2008 in jurisdiction, special report by sally

“A dispute between oligarchs leads to questions over how far the courts are willing to go in passing judgment over another jurisdiction.”

Full story

The Times, 12th August 2008

Source: www.timesonline.co.uk

Confiscation Hearings: Guidance from the Bar Council – The Bar Council

Posted August 12th, 2008 in barristers, fees, news by sally

“The Bar Council have today (11 August) published a ‘Confiscation in Graduated Fee Cases: Protocol for Counsel‘”

The Bar Council, 11th August 2008

Source: www.barcouncil.org.uk

UK.gov pushes £50,000 fine for online copyright infringement – The Register

Posted August 12th, 2008 in copyright, fines, news by sally

“The government has launched a consultation on plans to increase the maximum fine for traders in copyright-infringing material from £5,000 to £50,000 as part of a plan to protect ‘creative Britain’.”

Full story

The Register, 12th August 2008

Source: www.theregister.co.uk

BAILII: Recent Decisions

Posted August 12th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Stock, R v [2008] EWCA Crim 1862 (08 August 2008)

Freeman, R v [2008] EWCA Crim 1863 (08 August 2008)

Court of Appeal (Civil Division)

Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd [2008] EWCA Civ 955 (08 August 2008)

High Court (Queen’s Bench)

Collett v Smith & Anor [2008] EWHC 1962 (QB) (11 August 2008)

High Court (Chancery Division)

Bookmakers Afternoon Greyhound Services Ltd & Ors v Amalgamated Racing Ltd & Ors [2008] EWHC 1978 (Ch) (08 August 2008)

High Court (Administrative Court)

Secretary of State for the Home Department v Rideh [2008] EWHC 1993 (Admin) (08 August 2008)

Thames Water Utilities Ltd, R (on the application of) v Bromley Magistrates Court [2008] EWHC 1763 (Admin) (28 July 2008)

Attorney General v ITV Central Ltd. [2008] EWHC 1984 (Admin) (15 July 2008)

High Court (Technology and Construction Court)

E Group Ltd v Baker [2008] EWHC 1994 (TCC) (25 July 2008)

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWHC 2003 (TCC) (31 July 2008)

Rodrigues v Sokal [2008] EWHC 2005 (TCC) (30 July 2008)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corporation & Ors [2008] EWHC 1793 (Comm) (25 July 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted August 12th, 2008 in legislation by sally

The School Teachers’ Incentive Payments (England) Order 2008

The M1 Motorway (Junction 13 and Connecting Roads) Order 2008

The A421 Trunk Road (M1 Junction 13 to Bedford Improvements and Detrunking) Order 2008

The Wireless Telegraphy (Licence Charges) (Amendment) (No. 2) Regulations 2008

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2008

The Wireless Telegraphy (Register) (Amendment) (No. 2) Regulations 2008

The Dartmouth-Kingswear Floating Bridge (Vehicle Classifications & Revision of Charges) Order 2008

Source: www.opsi.gov.uk

Joyce v Secretary of State for Health – WLR Daily

Posted August 12th, 2008 in appeals, care workers, law reports, tribunals by sally

Joyce v Secretary of State for Health [2008] EWHC 1891(Admin); [2008] WLR (D) 290

“Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State on a list of those considered unsuitable to work with vulnerable adults, the Care Standards Tribunal was entitled on appeal to consider allegations of misconduct not entertained by the Secretary of State at the initial decision-making stage, provided it acted fairly.”

WLR Daily, 11th August 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.

Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd – WLR Daily

Posted August 12th, 2008 in damages, law reports, sale of goods, theft by sally

Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd [2008] EWCA Civ 955; [2008] WLR (D) 289

A manufacturer and seller of goods who lost them through the fault of another before he could make delivery and earn the price could recover that price as damages for their loss.”

WLR Daily, 11th August 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 (St Helens Borough Council) v Manchester Primary Care Trust and another – WLR Daily

Posted August 12th, 2008 in health, judicial review, law reports, social services by sally

R (St Helens Borough Council) v Manchester Primary Care Trust and another [2008] EWCA Civ 931; [2008] WLR (D) 288

“It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse.”

WLR Daily, 11th August 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 Freeman; R v Crawford – WLR Daily

Posted August 12th, 2008 in admissibility, bad character, evidence, juries, law reports by sally

R v Freeman; R v Crawford [2008] EWCA Crim 1863; [2008] WLR (D) 287

“Some care was required in directing a jury when approaching the cross-admissibility of bad character evidence.”

WLR Daily, 11th August 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.

Shore v Sedgwick Financial Services Ltd and Another – Times Law Reports

Posted August 12th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and Another

Court of Appeal

“If a client, on the advice of a financial expert, transferred his pension investment from one old safe pension scheme to a new risky pension scheme, in which the value of his investment went down, the client’s right to sue the adviser in negligence accrued when the transfer was made; it was not contingent upon the occurrence of loss.”

The Times, 12th August 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.

Uzinterimpex JSC v Standard Bank plc – Times Law Reports

Posted August 12th, 2008 in conversion, damages, law reports by sally

Uzinterimpex JSC v Standard Bank plc

Court of Appeal

“In a claim in conversion for wrongful interference with goods, the claimant’s failure to mitigate the loss was a new intervening cause, breaking the link between the original wrongdoing and and the continuing loss, which released the wrongdoer from liability for subsequent loss after that failure.”

The Times, 12th August 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.

Beautician wins sex discrimination case – Daily Telegraph

Posted August 12th, 2008 in news by sally

“A model sacked from her job as a beauty parlour manageress after showing flirtatious text messages her boss had sent her to his fiancee has won £11,000 in compensation.”

Full story

Daily Telegraph, 11th August 2008

Source: www.telegraph.co.uk

Tories pledge to grant police greater surveillance powers – The Guardian

Posted August 12th, 2008 in news by sally

“Police would be given greater powers to conduct surveillance operations on people suspected of crimes such as burglary and vehicle theft under plans the Conservative Party will announce today.”

Full story

The Guardian, 12th August 2008

Source: www.guardian.co.uk

Man United trainee Ben Collett awarded record £4.5 million over injury – The Times

Posted August 12th, 2008 in news by sally

“A young Manchester United footballer whose career was ended by a reckless tackle has been awarded record damages of more than £4.3 million. The payout is the highest to a sportsman or woman and sports law experts said yesterday that it would set a precedent.”

Full story

The Times, 12th August 2008

Source: www.timesonline.co.uk

Couple’s health and safety victory over doorstep ‘ too dangerous’ for postmen – Daily Telegraph

Posted August 12th, 2008 in news by sally

“A couple told that their post could not be delivered to their door after health and safety officials ruled that their steps were too dangerous have won a five-month battle to have the service restored.”

Full story

Daily Telegraph, 11th August 2008

Source: www.telegraph.co.uk

Rape victims told alcohol consumption may cost them compensation – The Guardian

Posted August 12th, 2008 in news by sally

“Rape victims seeking compensation are having their payouts reduced if they had been drinking before they were attacked.”

Full story

The Guardian, 12th August 2008

Source: www.guardian.co.uk

How ministers failed to gag coroners over Forces – The Times

Posted August 12th, 2008 in news by sally

“There have been a number of inquests where the Ministry of Defence has squirmed as coroners have complained about equipment defects and shortages in Iraq and Afghanistan. Could such cases be affected in the future by the new Bill, on the ground that public airing of such damaging details is not in the public interest? ”

Full story

The Times, 12th August 2008

Source: www.timesonline.co.uk

Phorm papers reveal BT’s backwards approach to wiretap law – The Register

Posted August 12th, 2008 in news by sally

“BT’s long-held claim that legal advice said its Phorm trials did not breach wiretapping laws came under renewed scrutiny today, as documents revealed the firm approached government experts after it had secretly co-opted 18,000 broadband customers into the advertising targeting system.”

Full story

The Register, 11th August 2008

Source: www.theregister.co.uk

Competition Commission delays web TV investigation – OUT-LAW.com

Posted August 12th, 2008 in competition, joint ventures, news by sally

“The Competition Commission (CC) has extended the deadline for its investigation into a joint venture between the UK’s main broadcasters into next year. It has said that it will not be able to complete its inquiry by the initial date of 14 December.”

Full story

OUT-LAW.com, 11th August 2008

Source: www.out-law.com