Sentences cut for marine hose cartel executives – The Times

Posted November 14th, 2008 in news, offshore installations, price fixing, sentencing by sally

“Three former oil industry workers who became the first British business executives to be jailed for price-fixing had their sentences reduced today.”

Full story

The Times, 14th November 2008

Source: www.timesonline.co.uk

Campaigner wins pesticide victory – BBC News

Posted November 14th, 2008 in environmental health, news, pesticides by sally

“An environmental campaigner has won a legal victory in a long-running battle with the government over the use of pesticides.”

Full story

BBC News, 14th November 2008

Source: www.bbc.co.uk

Daily Cause List, 17th November 2008

Posted November 14th, 2008 in news by sally

Monday 17th November 2008

Source: www.hmcourts-service.gov.uk

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

Employment Act 2008

Posted November 14th, 2008 in employment, employment tribunals, legislation, trade unions by sally

Employment Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Children and Young Persons Act 2008

Posted November 14th, 2008 in adoption, children, legislation, social services by sally

Children and Young Persons Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Human Fertilisation and Embryology Act 2008

Posted November 14th, 2008 in embryology, legislation by sally

Human Fertilisation and Embryology Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Planning and Energy Act 2008

Posted November 14th, 2008 in energy, legislation, planning by sally

Planning and Energy Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Ministers defend action taken in wake of Baby P whistleblower – The Times

Posted November 14th, 2008 in child abuse, news, social services by sally

“The Government today claimed that it had followed ‘proper procedures’ in batting away a whistleblower’s complaint that social workers in Haringey were not dealing correctly with child abuse cases.”

Full story

The Times, 14th November 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 14th, 2008 in law reports by sally

High Court (Chancery Division)

Raymond Saul & Co. (a firm) v Holden & Anor [2008] EWHC 2731 (Ch) (12 November 2008)

High Court (Administrative Court)

Lynch, R (on the application of) v Secretary of State for Justice [2008] EWHC 2697 (Admin) (7 November 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted November 14th, 2008 in law reports by sally

In re E (a child) (AP) (Appellant) (Northern Ireland) [2008] UKHL 66 (12 November 2008)

Zalewska (AP) (Appellant) v Department for Social Development (Respondents) (Northern Ireland) [2008] UKHL 67 (12 November 2008)

Source: www.parliament.uk

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) – WLR Daily

Posted November 14th, 2008 in benefits, EC law, law reports by sally

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) [2008] UKHL 67; [2008] WLR (D); [2008] WLR (D) 356

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic (known collectively as the ‘A8 states’) to those who had worked an uninterrupted 12 months in employment registered with the Home Office was compatible with European Union law.”

WLR Daily, 13th November 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.

In re Hutton Churchyard, Somerset – WLR Daily

Posted November 14th, 2008 in ecclesiastical law, faculties, law reports by sally

In re Hutton Churchyard, Somerset; [2008] WLR (D) 355

“Where responsibility for maintenance of closed churchyards had passed from a parish council to a local authority pursuant to s 215(3) of the Local Government Act 1972 a parish council retained sufficient interest to intervene in faculty proceedings concerning the laying flat of memorials in the churchyards. The duty of “maintenance of the churchyard” imposed on the local authority under s 215(3) was the same as the duty to keep “in decent order” imposed on the parish council under s 215(1) of the 1972 Act. Where memorials had been laid flat this included an obligation (1) to take into account as a primary consideration the safety of memorials (2) to consider as a factor the appearance of the churchyard, but a district council was under no duty to reinstate memorials it had laid flat because of the appearance of the churchyard.”

WLR Daily, 13th November 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.

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another – WLR Daily

Posted November 14th, 2008 in executors, law reports, trustees in bankruptcy, wills by sally

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another [2008] EWHC 2731 (Ch); [2008] WLR (D) 354

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

WLR Daily, 13th November 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.

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily

Posted November 14th, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWCA Civ 1238; [2008] WLR (D) 353

“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”

WLR Daily, 13th November 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.

Zalewska v Department for Social Development – Times Law Reports

Posted November 14th, 2008 in benefits, EC law, law reports by sally

Zalewska v Department for Social Development

House of Lords

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law.”

The Times, 14th 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.

Regina v Stringfellow – Times Law Reports

Posted November 14th, 2008 in criminal procedure, juries, law reports by sally

Regina v Stringfellow

Court of Appeal (Criminal Division)

“Where the clerk of a crown court went wrong when he was taking the vote of the jury, it was better for counsel to interrupt and ask the clerk to start again, to avoid unnecessary excursions to the Court of Appeal.”

The Times, 14th 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.

Behind the story: How digging for details unearthed a scandal – The Times

Posted November 14th, 2008 in claims management, fees, industrial injuries, law firms, news by sally

“It was meant to give sick and dying men recompense for the irreparable damage to their health caused by years of mining coal. Yet the legacy of the world’s biggest private injury compensation scheme is the number of opulent houses, private jets and luxury cars purchased with the profits of the solicitors who handled their claims.”

Full story

The Times,14th November 2008

Source: www.timesonline.co.uk

More laws but no more order, say academics – Daily Telegraph

Posted November 14th, 2008 in criminal justice, news, statistics by sally

“Criminologists said despite more than 3,000 new offences created under Labour it has only served to criminalize more people and not protect others.”

Full story

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Appeal judge hits out at “deeply troubling” £100,000 legal costs over a £265 dispute – Daily Telegraph

Posted November 14th, 2008 in costs, news by sally

“Lawyers ran up legal bills worth £100,000 and spent more than nine days of court time settling a row over £265.”

Full story

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Jim Beresford’s firm made £16.7m in year handling miners’ compensation claims – The Times

Posted November 14th, 2008 in fees, industrial injuries, law firms, miners, news by sally

“Jim Beresford gained the dubious distinction of being the ‘highest-earning solicitor in Britain’ through the profits generated by his firm’s handling of miners’ compensation claims.”

Full story

The Times, 14th November 2008

Source: www.timesonline.co.uk