03/11/2008 – Current Awareness

“A man who suffered brain damage at birth 37 years ago today settled his medical negligence claim for a compensation package which could be worth more than £5 million.”

Full story

The Independent, 3rd November 2008

Source: www.independent.co.uk

New two tier tribunal system launched today – Ministry of Justice

Posted November 3rd, 2008 in news, tribunals by sally

“The government has launched two new tribunals today, consisting of a First-tier and an Upper Tribunal.”

Full story

Ministry of Justice, 3rd November 2008

Source: www.justice.gov.uk

Asylum seekers claim £300,000 compensation for wrongful detention – Daily Telegraph

Posted November 3rd, 2008 in asylum, children, false imprisonment, news by sally

“Six asylum seekers are reportedly claiming £300,000 in compensation for being wrongly detained by immigration officials.”

Full story

Daily Telegraph, 3rd November 2008

Source: www.telegraph.co.uk

Fears over new drug orders for mental health patients – The Guardian

Posted November 3rd, 2008 in medical treatment, mental health, news by sally

“Campaigners have expressed concern about the potential misuse of new powers for the compulsory treatment of people with mental illness that come into force in England today.”

Full story

The Guardian, 3rd October 2008

Source: www.guardian.co.uk

Simon Morris: ‘the FSA is a very effective regulator’ – The Times

Posted November 3rd, 2008 in financial regulation, news by sally

“The last thing London needs now is its own version of Sarbanes-Oxley, says the CMS Cameron McKenna partner.”

Full story

The Times, 3rd November 2008

Source: www.timesonline.co.uk

Conservatives warn against ‘politically correct’ prosecutions – The Times

Posted November 3rd, 2008 in news, prosecutions by sally

“The police and Crown Prosecution Service must take a tough line over ‘preachers of violent hate’, but not waste public money targeting abusive neighbours, Nick Herbert, the Shadow Justice Secretary, has urged.”

Full story

The Times, 3rd November 2008

Source: www.timesonline.co.uk

Lord Bingham: ‘no reason’ to exclude Sharia – The Times

Posted November 3rd, 2008 in islamic law, news by sally

“Muslim communities should have the right to decide their own disputes provided they are subject to our laws, one of Britain’s most senior legal figures has said.”

Full story

The Times, 3rd November 2008

Source: www.timesonline.co.uk

Bereaved families get new rights to avoid another Shipman – Ministry of Justice

Posted November 3rd, 2008 in burials and cremation, news by sally

“New Cremation Regulations designed to help prevent another Harold Shipman-type murder have been published today.”

Full story

Ministry of Justice, 3rd November 2008

Source: www.justice.gov.uk

Birmingham City Council v Shafi and another – WLR Daily

Posted November 3rd, 2008 in ASBOs, injunctions, law reports by sally

Birmingham City Council v Shafi and another [2008] EWCA Civ 1186; [2008] WLR (D) 341

“Where a council sought an injunction under s 222 of the Local Government Act 1972 in circumstances in which an anti-social behaviour order (ASBO) would be available, the court should not, save in an exceptional case, grant the injunction but leave the council to seek an ASBO in the magistrates’ court.”

WLR Daily, 31st October 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.

Ignaoua v Judicial Authority of the Courts of Milan – WLR Daily

Posted November 3rd, 2008 in extradition, habeas corpus, jurisdiction, law reports by sally

Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340

“Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1.”

WLR Daily, 31st October 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.

G v HM Treasury; A and others v Same – WLR Daily

Posted November 3rd, 2008 in Crown, law reports, orders in council, terrorism by sally

G v HM Treasury; A and others v Same [2008] EWCA Civ 1187; [2008] WLR (D) 339

“The Terrorism (United Nations Measures) Order 2006 was lawful and validly made under s 1 of the United Nations Act 1946 provided certain words were severed from art 4(2) so that it required the Treasury to show that it had reasonable grounds for suspecting that the person designated was involved in committing or facilitating terrorism and not merely might be such a person. The Al-Qaida and Taliban (United Nations Measures) Order 2006 was also valid and lawful so long as the designated individual was entitled to a merits based review of his case.”

WLR Daily, 31st October 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.

Warner v Verfides (Hafner and another intervening) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338

“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st October 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.

Daily Cause List, 3rd November 2008

Posted November 3rd, 2008 in news by sally

Monday 3rd November 2008

Source: www.hmcourts-service.gov.uk

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

Scottish and Newcastle plc v Raguz – Times Law Reports

Posted November 3rd, 2008 in assignment, law reports, leases, rent, retrospectivity by sally

Scottish and Newcastle plc v Raguz

House of Lords

“Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them.”

The Times, 3rd November 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.

BAILII: Recent Decisions

Posted November 3rd, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Littlewoods Retail Ltd & Ors v Revenue & Customs [2008] EWHC 2622 (QB) (31 October 2008)

High Court (Chancery Division)

Power v Petrus Estates Ltd & Ors [2008] EWHC 2607 (Ch) (31 October 2008)

High Court (Administrative Court)

Ignaoua & Ors v The Judicial Authority of the Courts of Milan & Ors [2008] EWHC 2619 (Admin) (30 October 2008)

West Midlands Probation Board v French [2008] EWHC 2631 (Admin) (31 October 2008)

Purdy, R (on the application of) v Director of Public Prosecutions & Anor [2008] EWHC 2565 (Admin) (29 October 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 3rd, 2008 in legislation by sally

The Remand on Bail (Disapplication of Credit Period) Rules 2008

The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008

The Contracting Out (Administrative and Other Court Staff) (Amendment) Order 2008

The Appointments Commission (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Domestic violence accounts for 16% of reported violent incidents, report says – The Guardian

Posted November 3rd, 2008 in domestic violence, news by sally

“Domestic violence accounts for 16% of all reported violent incidents and has more repeat victims than any other crime, according to a Home Office report published today.”

Full story

The Guardian, 31st October 2008

Source: www.guardian.co.uk