Neighbours’ High Court feud over curfews, trellises and hosepipes – Daily Telegraph

Posted March 12th, 2009 in constructive trusts, news, rights of way by sally

“A feud between neighbours turned so bitter that one couple tried to impose a curfew preventing the other from leaving their home at night, the High Court has heard.”

Full story

Daily Telegraph, 12th March 2009

Source: www.telegraph.co.uk

Lawcast 120: Paul Marsh, President of The Law Society on the future of the profession after recession – Insite Law Magazine

Posted March 12th, 2009 in Law Society, podcasts, solicitors by sally

“Today I am talking to Paul Marsh, the President of The Law Society of England & Wales.

We live in difficult and interesting times.I talk to Paul Marsh about a range of topics including his thoughts on the recession, how the law society is helping solicitors during these difficult days, the recent rise of nearly 10 per cent in fees for the Legal Practice Course by three London providers – BPP, the College of Law and Kaplan.and his thoughts on the future of the profession after the recession.”

Podcast

Insite Law Magazine, 12th March 2009

Source: www.insitelawmagazine.com

Lawcast 119: Access to Justice denied? Legal Aid… or the lack of it – Charon QC

Posted March 12th, 2009 in legal aid, podcasts by sally

“Today I am talking to Steve Hynes the director of the Legal Action Group. The purpose of The Legal Action group, a national, independent charity, is to promote equal access to justice for all members of society who are socially, economically or otherwise disadvantaged. To this end, it seeks to improve law and practice, the administration of justice and legal services.”

Podcast

Charon QC, 12th March 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

BAILII: Recent Decisions

Posted March 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Prizedome Ltd & Anor v Revenue & Customs [2009] EWCA Civ 177 (12 March 2009)

High Court (Chancery Division)

Umbro International Ltd v Revenue & Customs [2009] EWHC 438 (Ch) (12 March 2009)

Hodson v Hodson & Ors [2009] EWHC 430 (Ch) (12 March 2009)

J, Re (Enduring Power of Attorney) [2009] EWHC 436 (Ch) (12 March 2009)

Source: www.bailii.org

Straw: more jailed for knife crime – Ministry of Justice

Posted March 12th, 2009 in news, offensive weapons, sentencing, statistics by sally

“The number of immediate custodial sentences handed down for offences involving possession of a knife or other offensive weapon has gone up by almost a quarter (23%), Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 12th March 2009

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted March 12th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pullen, R. v [2009] EWCA Crim 380 (20 February 2009)

Dixie, R. v [2009] EWCA Crim 188 (03 February 2009)

Cahill, R. v [2009] EWCA Crim 420 (26 February 2009)

High Court (Chancery Division)

Dean & Dean (A Firm) v Angel Airlines SA & Ors [2009] EWHC 447 (Ch) (11 March 2009)

Red River (UK) Ltd & Anor v Sheikh & Anor [2009] EWHC 431 (Ch) (09 March 2009)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2009] EWHC 418 (Pat) (11 March 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 12th, 2009 in legislation by sally

The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009

The Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009

The Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009

The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009

The Community Legal Service (Financial) (Amendment) Regulations 2009

The Licensed Conveyancers (Compensation for Inadequate Professional Services) Order 2009

The Solicitors’ Recognised Bodies (Amendment) Order 2009

The Road Safety (Financial Penalty Deposit) (Interest) Order 2009

The Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009

The Social Security (Flexible New Deal) Regulations 2009

The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009

The Child Trust Funds (Amendment) Regulations 2009

The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

The Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009

The Town and Country Planning (Determination of Appeal Procedure) (Prescribed Period) (England) Regulations 2009

The Immigration and Nationality (Fees) (Amendment) Order 2009

The Regulatory Enforcement and Sanctions Act 2008 (Commencement No 2) Order 2009

The Road Safety (Financial Penalty Deposit) Order 2009

The Dormant Bank and Building Society Accounts Act 2008 (Commencement and Transitional Provisions) Order 2009

Source: www.opsi.gov.uk

Tann v Herrington – WLR Daily

Posted March 12th, 2009 in insurance, law reports, negligence, partnerships by sally

Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89

Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”

WLR Daily, 11th March 2009

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 Seddon – WLR Daily

Posted March 12th, 2009 in bail, extradition, law reports, warrants by sally

R v Seddon; [2009] WLR (D) 88

“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”

WLR Daily, 11th March 2009

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.

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2009 in asylum, homosexuality, law reports by sally

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87

“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”

WLR Daily, 11th March 2009

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.

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – Times Law Reports

Posted March 12th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same

House of Lords

“Covert surveillance of communications between lawyers and their clients, covered by legal professional privilege, was permitted under the Regulation of Investigatory Powers Act 2000, notwithstanding any statutory rights of persons in custody to consult their lawyers in private.”

The Times, 12th March 2009

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.

‘Credit-crunched’ fund manager Bryan Myerson tries to claw back £9.5m from ex-wife – The Times

Posted March 12th, 2009 in divorce, news by sally

“A City fund manager hit by the credit crunch went to the Court of Appeal yesterday in an attempt to renegotiate £9.5 million of his divorce settlement.”

Full story

The Times, 12th March 2009

Source: www.timesonline.co.uk

Pub landlord wins right not to fit CCTV cameras – The Guardian

Posted March 12th, 2009 in closed circuit television, licensed premises, news, privacy by sally

“A prospective landlord has won his fight not to install CCTV cameras in his pub after the case was taken up by the information commissioner.”

Full story

The Guardian, 12th March 2009

Source: www.guardian.co.uk

David Cameron calls for full inquiry into Binyam Mohamed torture claims – The Guardian

Posted March 12th, 2009 in intelligence services, international law, news, torture by sally

“David Cameron today (11 March) called for a full inquiry into British intelligence agencies’ alleged involvement in torture amid mounting concern that they may have breached international law.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Hammonds lawyer accused of taking ‘secret payments’ – The Times

Posted March 12th, 2009 in fees, fraud, misrepresentation, news, solicitors by sally

“A consultant at law firm Hammonds advised a businessman on a $14 million company purchase while simultaneously receiving secret payments to work for the seller, a court heard today.”

Full story

The Times, 11th March 2009

Source: www.timesonline.co.uk

Protesters fought the law, but the law fought back … very, very loudly – The Guardian

Posted March 12th, 2009 in demonstrations, news, police by sally

“A report into the policing of last year’s Climate Camp demonstration, to be presented today in parliament, has criticised Kent police for its apparent use of ‘psychological operations’.”

Full story

The Guardian, 12th March 2009

Source: www.guardian.co.uk

Lord Laming report to criticise child protection – Daily Telegraph

Posted March 12th, 2009 in child abuse, news, social services by sally

“Councils across the country are making the same mistakes that contributed to the death of Baby P, an official report is expected to say today.”

Full story

Daily Telegraph, 12th March 2009

Source: www.telegraph.co.uk

Charles Bronson recording at premiere sparks calls for investigation – The Guardian

Posted March 12th, 2009 in news, prisons by sally

“Prison officers have demanded an inquiry after a recording of the voice of Britain’s most notorious prisoner was played at the premiere of a film based on his life.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Web inventor warns against third-party internet snooping – The Guardian

Posted March 12th, 2009 in internet, news, privacy by sally

“Sir Tim Berners-Lee, the creator of the world wide web, today warned MPs and peers that they should not allow third parties, including commercial companies, to snoop on people’s internet browsing.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Lettuce nose-stuffer avoids jail – BBC News

Posted March 12th, 2009 in food hygiene, news, public order, sentencing by sally

“A West Midlands sandwich bar worker who was prosecuted after footage of him stuffing lettuce up his nose appeared on YouTube has avoided a jail term.”

Full story

BBC News, 11th March 2009

Source: www.bbc.co.uk