Prisons accused over elderly care – BBC News

Posted August 13th, 2008 in elderly, news, prisons by sally

“Prison bosses in England and Wales have failed to respond to a call to introduce special policies for elderly inmates, the prisons inspector says.”

Full story

BBC News, 12th August 2008

Source: www.bbc.co.uk

Northern England has most dangerous – and least dangerous – places to live – The Guardian

Posted August 13th, 2008 in crime, news, statistics by sally

“People have a one in 10 risk of being a victim of crime in the highest crime districts, but only there is a one in 50 risk in the best, figures reveal today.”

Full story

The Guardian, 13th August 2008

Source: www.guardian.co.uk

‘I felt like I’d been slapped’ – BBC News

Posted August 13th, 2008 in alcohol abuse, criminal injuries compensation, news, rape by sally

“A rape victim who was told her compensation would be cut because she had been drinking before the attack has had the decision overturned.”

Full story

BBC News, 12th August 2008

Source: www.bbc.co.uk

Financial firms may pay extra for rudeness, warns Ombudsman – OUT-LAW.com

Posted August 13th, 2008 in compensation, financial regulation, financial services ombudsman, news by sally

“Delays, rudeness and poor claims handling are grounds for ordering financial services firms to compensate customers, the Financial Ombudsman Service (FOS) has said. Payments can be ordered in addition to other remedies.”

Full story

OUT-LAW.com, 12th August 2008

Source: www.out-law.com

‘Snooper’s charter’ to check texts and emails – The Guardian

Posted August 13th, 2008 in data protection, internet, investigatory powers, news by sally

“Local councils, health authorities and hundreds of other public bodies are to be given the power to access details of everyone’s personal text, emails and internet use under Home Office proposals published yesterday.”

Full story

The Guardian, 13th August 2008

Source: www.guardian.co.uk

Dozens more rape compensation payouts cut as victims had been drinking – The Times

Posted August 13th, 2008 in alcohol abuse, criminal injuries compensation, news, rape by sally

“Dozens more rape victims have had their compensation payments cut because they had been drinking when they were attacked, it emerged yesterday.”

Full story

The Times, 13th August 2008

Source: www.timesonline.co.uk

Card-playing pensioners landed with £250 health and safety bill – Daily Telegraph

Posted August 13th, 2008 in health & safety, news by sally

“A group of pensioners have had to abandon their weekly game of cards after being charged £250 to cover the cost of health and safety.”

Full story

Daily Telegraph, 13th August 2008

Source: www.telegraph.co.uk

Hacker granted two-week stay on extradition to the US – The Guardian

Posted August 13th, 2008 in computer crime, extradition, news by sally

“Gary McKinnon, 42, lost his House of Lords appeal against the extradition last month, but today he was granted a stay until August 28 by the European court of human rights.”

Full story

The Guardian, 12th August 2008

Source: www.guardian.co.uk

Grieving families fight for legal aid to afford expert help at inquests – The Times

Posted August 13th, 2008 in inquests, legal aid, news by sally

“Bereaved families are struggling to represent themselves at inquests because of government curbs on when relatives should receive legal aid.”

Full story

The Times, 13th August 2008

Source: www.timesonline.co.uk

‘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.