Serving soldier avoids jail term – BBC News
“A soldier has avoided jail because of ‘his service to his country.’ ”
BBC news, 6th November 2009
Source: www.bbc.co.uk
Day: 6 November 2009
Praying murderer jailed for life – BBC News
“A man overheard praying for forgiveness after murdering his pregnant girlfriend’s mother has been jailed for life by a judge at the Old Bailey.”
BBC News, 6th November 2009
Source: www.bbc.co.uk
Exclusion clauses may fragment after High Court ruling – OUT-LAW.com
“Wording in a contract that seeks to exclude liability in a contract is more vulnerable to being struck out than lawyers previously thought. A ruling suggests that exclusion clauses are more likely to be effective when broken into separate terms.”
OUT-LAW.com, 5th November 2009
Source: www.out-law.com
Preferential lighting rendered ad misleading, rules ASA – OUT-LAW.com
“An advertiser broke the rules when it used better lighting, posing and colours in the ‘before’ than the ‘after’ pictures in a cosmetics ad, regulator the Advertising Standards Authority (ASA) has said.”
OUT-LAW.com, 5th November 2009
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
SA (Kuwait) v Secretary of State for the Home Department [2009] EWCA Civ 1157 (05 November 2009)
High Court (Administrative Court)
High Court (Commercial Court)
HHR Pascal BV v W2005 Puppet II BV [2009] EWHC 2771 (Comm) (05 November 2009)
Source: www.bailii.org
Firms settle trademark dispute – Law Society’s Gazette
“Nottingham firm Paragon Law has forced West Bromwich and Peterborough firm Paragon Solicitors to change its name and pay legal costs after a trade mark dispute.”
Law Society’s Gazette, 5th November 2009
Source: www.lawgazette.co.uk
Insurance Contract Law – Law Commission
“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”
Law Commission, 5th November 2009
Source: www.lawcom.gov.uk
Attorney General encourages prosecutors to explain sentences and issues revised guidance on pleas and sentencing – Attorney General’s Office
“Victims and their families should fully understand what a sentence means in practice, and CPS prosecutors can play a key role in explaining, the Attorney General, Baroness Scotland QC, said today.”
Attorney General’s Office, 5th November 2009
Source: www.attorneygeneral.gov.uk
R (Chester) v Secretary of State for Justice and another – WLR Daily
R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316
“Where a United Kingdom court had made a declaration of incompatability [sic] pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further vindication of the claimants rights was necessary, the court would not exercise its discretion so as to make a further declaration of incompatability in respect of the same or similar legislation.”
WLR Daily, 4th November 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.
Grainger plc v Nicholson – WLR Daily
Grainger plc v Nicholson UKEAT/219/09; [2009] WLR (D) 315
“An asserted philosophical belief that mankind was heading towards catastrophic climate change and therefore people were under a moral duty to lead their lives in a manner which mitigated or avoided that catastrophe for the benefit of future generations, and to persuade others to do the same, if genuinely held was capable of amounting to a ‘philosophical belief’ for the purpose of the Employment Equality (Religion or Belief) Regulations 2003.”
WLR Daily, 4th November 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.
EBR Attridge Law LLP and another v Coleman – WLR daily
EBR Attridge Law LLP and another v Coleman UKEAT/71/09; [2009] WLR (D) 314
“The Disability Discrimination Act 1995 should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harrassed on the ground of their association with a person who was disabled.”
WLR Daily, 4th November 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.
Attorney-General’s Reference (No 16 of 2009) – Times Law Reports
Attorney-General’s Reference (No 16 of 2009); Regina v Yates
Court of Appeal
“An offender who chose to be loyal to a gang member who had committed murder and assisted in impeding his apprehension had to expect a substantial prison sentence.”
The Times, 6th November 2009
Source: www.timesonline.co.uk
Regina (Webster) v Swindon Local Safeguarding Children Board – Times Law Reports
Regina (Webster) v Swindon Local Safeguarding Children Board
Queen’s Bench Division
“It was not necessary for a local safeguarding children board to wait for the outcome of civil proceedings before conducting a substantive and comprehensive serious case review.”
The Times, 9th November 2009
Source: www.timesonline.co.uk
4 Eng Ltd v Harper and Others (No 2) – Times Law Reports
4 Eng Ltd v Harper and Others (No 2)
Chancery Division
“Where a person had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the relief granted by the court under sections 423 and 425 of the Insolvency Act 1986 should reflect the general principles inherent in other areas of the law and treat the mental state and degree of involvement of a defendant in wrongdoing as relevant to the extent of recovery available against him.”
The Times, 6th November 2009
Source: www.timesonline.co.uk
Desmond Browne: We are heading for two standards of access to justice – The Times
“What is the point of the Bar? As several hundred barristers meet in London this Saturday for their annual conference, it is a question they — as well as the public — might well ask. In the present recession their profession looks like becoming an enclave for the rich, both for those joining it and those using its services.”
The Times, 4th November 2009
Source: www.timesonline.co.uk
Man guilty of beard fire attack – BBC News
“A man who set fire to a train passenger’s beard as he slept has been convicted of grievous bodily harm.”
BBC News, 6th November 2009
Source: www.bbc.co.uk
Limits on surgeons’ working hours ‘will harm training and place patients at risk’ – Daily Telegraph
“Controversial new European working laws mean all doctors, including surgeons, are allowed to work only 48 hours a week. Introduced in August they have provoked fierce criticism from surgeons who say that new trainees will struggle to master their complex specialism in such a restricted time.”
Daily Telegraph, 6th November 2009
Source: www.telegraph.co.uk
UBS fined £8m after employees traded with customers’ money – The Guardian
“Swiss bank UBS has been slapped with an £8m fine, the third-largest ever levied by the City regulator, after it was discovered that four of the bank’s employees were able to use customer money to trade in currencies and metals markets.”
The Guardian, 6th November 2009
Source: www.guardian.co.uk
Investigation of G20 death ‘cover-up’ would be inappropriate, Ian Tomlinson’s family told – The Guardian
“The family of Ian Tomlinson, the man who died at the G20 protest after being attacked by the police, has been told it would be ‘inappropriate’ for an official watchdog to consider whether officers were involved in a cover-up.”
The Guardian, 6th November 2009
Source: www.guardian.co.uk
Potential judges will not have to declare if they are Freemasons – The Times
“Would-be judges will no longer have to declare if they are Freemasons, the Government said yesterday. The policy reversal was announced by Jack Straw, the Justice Secretary, after a threat of legal action forced a review. He said that it would be ‘disproportionate’ to continue with the practice.”
The Times, 6th November 2009
Source: www.timesonline.co.uk
