Daughter wins legal battle over mother’s suicide – The Independent

Posted December 10th, 2008 in hospitals, human rights, mental health, negligence, news, suicide by sally

“The daughter of a mentally-ill woman who walked out of a hospital and threw herself under a train has won the final round of her battle for the right to sue the local health trust for damages. ”

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The Independent, 10th December 2008

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted December 10th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Crouch, R (on the application of) v Secretary of State for Health [2008] EWCA Civ 1365 (10 December 2008)

Cream Holdings Ltd & Ors v Davenport [2008] EWCA Civ 1363 (09 December 2008)

High Court (Chancery Division)

Kitfix Swallow Group Ltd v Great Gizmos Ltd [2008] EWHC 2723 (Ch) (12 November 2008)

Ellis v Ellis [2008] EWHC 2989 (Ch) (08 December 2008)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2008] EWHC 2848 (Comm) (21 November 2008)

High Court (Technology and Construction Court)

Yoram Amsalem (t/a MRE Building Contractors) v Raivid & Anor [2008] EWHC 3028 (TCC) (09 December 2008)

Source: www.bailii.org

Succession law changes ‘needed’ – BBC News

Posted December 10th, 2008 in constitutional law, Crown, news, succession by sally

“A cabinet minister has called for progress to be made on ending the 300-year old legal ban on Roman Catholics succeeding to the throne.”

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BBC News, 10th December 2008

Source: www.bbc.co.uk

Civil Procedure Rule – Amendments – The Bar Council

Posted December 10th, 2008 in civil procedure rules, news by sally

“There are two new provisions which are outside the usual timetable for amendments to the CPR.”

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The Bar Council, 10th December 2008

Source: www.barcouncil.org.uk

House of Lords Judgments: What’s New?

Posted December 10th, 2008 in law reports by sally

Knowsley Housing Trust (Respondents) v White (FC) (Appellant) Honeygan-Green (Respondent) v London Borough of Islington (Appellants) Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) [2008] UKHL 70 (10 December 2008)

Earl Cadogan (Appellant) v Pitts and another (Respondents) and one other action Earl Cadogan and others (Appellants) v Sportelli and another (Respondents) and two other actions [2008] UKHL 71 (10 December 2008)

R (On the Application of Wellington) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 72 (10 December 2008)

R v Chargot Limited (t/a Contract Services) and others (Appellants) (On appeal fromt he Court of Appeal Criminal Division) [2008] UKHL 73 (10 December 2008)

Savage (Respondent) v South Essex Partnership NHS Foundation Trust (Appellate) [2008] UKHL 74 (10 December 2008)

Source: www.parliament.uk

Simplification Plan 2008 – Ministry of Justice

Posted December 10th, 2008 in Ministry of Justice, news by sally

“The Ministry of Justice’s simplification plan 2008 shows our progress made since 2007 in delivering reductions in the administrative burdens that our regulations impose on businesses, charities and the voluntary sector. It also provides an update on how we have been reducing data requests and bureaucratic burdens on our own front-line staff. It sets out our future plans for delivering our promised 25% reduction by 2010 in the administrative burdens on the business and third sectors.”

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Ministry of Justice, 10th December 2008

Source: www.justice.gov.uk

Definitive Sentencing Guidelines on theft and burglary (non-dwelling) and breach of an anti-social behaviour order – Sentencing Guidelines Council

Posted December 10th, 2008 in ASBOs, news, sentencing, theft by sally

“On 9 December 2008 the Sentencing Guidelines Council published its definitive guidelines ‘Theft and burglary in a building other than a dwelling’ and ‘Breach of an anti-social behaviour order’.”

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Sentencing Guidelines Council, 9th December 2008

Source: www.sentencing-guidelines.gov.uk

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Posted December 10th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The correct standard of proof for establishing patentability was the balance of probabilities.”

The Times, 10th December 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.

Club la Costa (UK) plc v Gebhard and Another – Times Law Reports

Posted December 10th, 2008 in defamation, law reports, offer of amends by sally

Club la Costa (UK) plc v Gebhard and Another

Queen’s Bench Division

“An offer to make amends for a defamatory statement could not be valid without the offer or accepting that the specific defamatory meaning contained in the statement complained of was defamatory of the person bringing the complaint.”

The Times, 10th December 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.

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France – Times Law Reports

Posted December 10th, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France

Queen’s Bench Divisional Court

“While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences contained in the current warrant.”

The Times, 10th December 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 December 10th, 2008 in legislation by sally

The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2009

The Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008

The National Savings Bank (Amendment) (No. 4) Regulations 2008

The Social Security (Contributions) (Amendment No.6) Regulations 2008

The European Parliamentary Elections (Appointed Day of Poll) Order 2008

The Parks for People (England) Joint Scheme (Authorisation) Order 2008

The Housing Renewal Grants (Amendment) (No. 2) (England) Regulations 2008

The Family Proceedings Fees (Amendment No. 2) Order 2008

Source: www.opsi.gov.uk

Office of Fair Trading ticking-off over VAT cuts surprises retailers – The Times

Posted December 10th, 2008 in competition, news, VAT by sally

“As cartels go, it does not seem the sort to keep competition lawyers awake at night.”

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The Times, 10th December 2008

Source: www.timesonline.co.uk

Record numbers of criminals breach their community service – Daily Telegraph

Posted December 10th, 2008 in community service, news by sally

“Record numbers of criminals are breaking community service orders, with more than one in three failing to complete their punishment.”

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Daily Telegraph, 10th December 2008

Source: www.telegraph.co.uk

Assisted suicide: the law – Daily Telegraph

Posted December 10th, 2008 in assisted suicide, news by sally

“Despite it being legal for a person to take their own life, under the 1961 Suicide Act, aiding or abetting someone to do so carries a potential jail term of up to 14 years.”

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Daily Telegraph, 9th December 2008

Source: www.telegraph.co.uk

‘Hybrid embryo’ legal block lost – BBC News

Posted December 10th, 2008 in embryology, news by sally

“Christian campaigners have lost their High Court challenge to scientists being allowed to create human-animal embryos for research purposes.”

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BBC News, 9th December 2008

Source: www.bbc.co.uk

New laws on prostitution could be unenforceable warn police – Daily Telegraph

Posted December 10th, 2008 in news, prostitution by sally

“New laws to criminalise men who pay for sex with women forced in to prostitution will be virtually unenforceable, the police expert on human trafficking warned.”

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Daily Telegraph, 10th December 2008

Source: www.telegraph.co.uk

Home Office reveals FOI policies – BBC News

Posted December 10th, 2008 in freedom of information, government departments, news by sally

“An email sent by mistake from the Home Office to the BBC has revealed that freedom of information requests are often first reviewed by ministers.”

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BBC News, 10th December 2008

Source: www.bbc.co.uk

A new year overhaul for the Human Rights Act – The Times

Posted December 10th, 2008 in human rights, news by sally

“It was a linchpin of Labour’s first term. But Jack Straw – and David Cameron – now agree the legislation is not fit for purpose.”

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The Times, 9th December 2008

Source: www.timesonline.co.uk

More than 180,000 asylum seekers set to stay because of human rights – Daily Telegraph

Posted December 10th, 2008 in asylum, human rights, news by sally

“At least 180,000 asylum seekers are set to be allowed to stay in Britain because of their human rights thanks to the Government’s backlog fiasco.”

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Daily Telegraph, 10th December 2008

Source: www.telegraph.co.uk

De Menezes coroner invites majority verdict – The Guardian

Posted December 10th, 2008 in firearms, inquests, juries, news, police by sally

“The coroner in the inquest into the death of Jean Charles de Menezes today told the jury he would accept a majority verdict.”

Full story

The Guardian, 9th December 2008

Source: www.guardian.co.uk