Solicitors ‘misled’ sick miners – BBC News

Posted November 17th, 2008 in claims management, fees, industrial injuries, miners, news, solicitors by sally

“Two solicitors who won personal injury claims for thousands of miners have appeared before a tribunal accused of taking cuts from compensation pay-outs.”

Full story

BBC News, 17th November 2008

Source: www.bbc.co.uk

Mother sues barrister daughter for libel over ‘neglect memoir’ – Daily Telegraph

Posted November 17th, 2008 in defamation, news by sally

“A mother is suing her barrister daughter for libel over a book which accused her of childhood abuse and neglect.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted November 17th, 2008 in legislation by sally

The Children Act 1989 (Contact Activity Directions and Conditions: Financial Assistance) (England) Regulations 2008

The High Court and County Courts Jurisdiction (Amendment) Order 2008

The Criminal Defence Service (Funding) (Amendment No. 2) Order 2008

The Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2008

The Family Provision (Intestate Succession) Order 2008

Source: www.opsi.gov.uk

Brown may press ahead with organ donor law, despite ruling of advisers – The Times

Posted November 17th, 2008 in news, organ transplants by sally

“Gordon Brown has refused to rule out a change in the law that may see everyone considered as a potential organ donor, despite the recommendations of his advisers today.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Privacy watchdog issues guidance on FOI exemptions – OUT-LAW.com

Posted November 17th, 2008 in freedom of information, news, privacy by sally

“Public authorities who want to keep information secret to protect the commercial interests of companies they work with must explain exactly what damage will be done by disclosure, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 17th November 2008

Source: www.out-law.com

Ministers urged to act on race inequality in criminal justice system – The Guardian

Posted November 17th, 2008 in criminal justice, news, race discrimination by sally

“The government must take a fresh look at policy if over-representation of people from black and minority ethnic (BME) communities in the criminal justice system is to be addressed, according to a new study published today.”

Full story

The Guardian, 17th November 2008

Source: www.guardian.co.uk

Barristers make £75m in five years from tax and fraud cases – The Guardian

Posted November 17th, 2008 in barristers, fees, fraud, taxation by sally

“Lawyers prosecuting tax and customs fraud and illegal drug cartels have made more than £75m in fees over the past five years, according to Revenue and Customs Prosecutions Office figures.”

Full story

The Guardian, 17th November 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Randhawa & Anor, R. v [2008] EWCA Crim 2599 (22 October 2008)

Court of Appeal (Civil Division)

Wandsworth v Whibley [2008] EWCA Civ 1259 (14 November 2008)

High Court (Queen’s Bench Division)

Farraj & Anor v King’s Healthcare NHS Trust & Anor [2008] EWHC 2468 (QB) (17 October 2008)

High Court (Administrative Court)

Muscat v Health Professions Council [2008] EWHC 2798 (Admin) (14 November 2008)

Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)

Miller & Anor, R (on the application of) v The Independent Assessor [2008] EWHC 2758 (Admin) (13 November 2008)

Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 (Admin) (14 November 2008)

Azzam v The General Medical Council [2008] EWHC 2711 (Admin) (12 November 2008)

High Court (Commercial Court)

CMA CGM SA v Hyundai Mipo Dockyard Co Ltd [2008] EWHC 2791 (Comm) (14 November 2008)

High Court (Patents Court)

Armour Group Plc v Leisuretech Electronics Pty Ltd [2008] EWHC 2797 (Pat) (14 November 2008)

Source: www.bailii.org

Spirerose Ltd (In Administration) v Transport for London – WLR Daily

Posted November 17th, 2008 in compulsory purchase, law reports, valuation by sally

Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358

“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”

WLR Daily, 14th 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.

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening) – WLR Daily

Posted November 17th, 2008 in civil procedure rules, joinder, law reports by sally

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening)

“The court had jurisdiction under CPR r 19.2(a) to join parties as claimants to national court proceedings in which questions had been referred to the Court of Justice of the European Communities where the joinder applications were solely for the purpose of making submissions to the Court of Justice on the referred questions.”

WLR Daily, 14th 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.

Hussain v Chief Constable of West Mercia Constabulary – Times Law Reports

Posted November 17th, 2008 in law reports, misfeasance in public office by sally

Hussain v Chief Constable of West Mercia Constabulary

Court of Appeal

“Transient physical symptoms caused by anxiety or stress did not amount either to psychiatric or physical injury and were insufficient to constitute material damage, an essential ingredient of the tort of misfeasance in public office.”

The Times, 17th 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 (Purdy) v Director of Public Prosecutions – Times Law Reports

Posted November 17th, 2008 in assisted suicide, law reports, prosecutions by sally

Regina (Purdy) v Director of Public Prosecutions

Queen’s Bench Divisional Court

“The statutory prohibition on assisted suicide did not engage the right to private life protected under article 8.1 of the European Convention on Human Rights.”

The Times, 17th 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.

Recent Statutory Instruments – OPSI

Posted November 17th, 2008 in legislation by sally

The Derwentside (Parish Electoral Arrangements) Order 2008 (PDF)

The Borough of Berwick-upon-Tweed (Parish Electoral Arrangements and Electoral Changes) Order 2008 (PDF)

The Stratford-on-Avon (Parish Electoral Arrangements and Electoral Changes) Order 2008 (PDF)

The Borough of Tewkesbury (Parish Electoral Arrangements) Order 2008 (PDF)

The Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008

The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

Source: www.opsi.gov.uk

Child protection register missed more than 80 per cent of serious child abuse cases – Daily Telegraph

Posted November 17th, 2008 in child abuse, news by sally

“More than 80 per cent of children killed or seriously injured as a result of abuse or neglect were not on the national child protection register, it has emerged.”

Full story

Daily Telegraph, 15th November 2008

Source: www.telegraph.co.uk

Victim speaks out after man cleared of rape while sleepwalking – Daily Telegraph

Posted November 17th, 2008 in news, rape, sleepwalking by sally

“A woman has spoken out after a man accused of raping her became the latest to be cleared because he was sleepwalking.”

Full story

Daily Telegraph, 16th November 2008

Source: www.telegraph.co.uk

Britain ‘should be ashamed of art gift law’ – The Times

Posted November 17th, 2008 in artistic works, news, taxation by sally

“Britain should be ‘shamed’ into revising laws that make it easier for American collectors to donate art to our museums and galleries than Britons, the director of the British Museum says today.”

Full story

The Times, 15th November 2008

Source: www.timesonline.co.uk

Pensioner locked up indefinitely after beating wife to death – Daily Telegraph

Posted November 17th, 2008 in diminished responsibility, homicide, mental health, news, sentencing by sally

“A pensioner who beat his cancer-stricken wife of 30 years to death as she lay in bed has been locked up in a secure unit indefinitely.”

Full story

Daily Telegraph, 14th November 2008

Source: www.telegraph.co.uk

Boris Johnson ready to sue over third Heathrow runway – The Times

Posted November 17th, 2008 in airports, environmental protection, news by sally

“Boris Johnson, the mayor of London, has threatened to take legal action against the government if ministers go ahead with plans to build a third runway at Heathrow.”

Full story

The Times, 16th November 2008

Source: www.timesonline.co.uk

Donor ‘opt-out’ proposal rejected – BBC News

Posted November 17th, 2008 in news, organ transplants by sally

“A panel of experts has rejected plans to presume everyone consents to being an organ donor unless they opt out.”

Full story

BBC News, 17th November 2008

Source: www.bbc.co.uk

Villagers win over £70,000 after peace shattered by noisy council refuse wagons – Daily Telegraph

Posted November 17th, 2008 in news, noise by sally

“Three villagers have won more than £70,000 in compensation from a local authority after refuse trucks shattered the early morning peace.”

Full story

Daily Telegraph, 14th November 2008

Source: www.telegraph.co.uk