Dyfed-Powys Police acted correctly before girl’s murder – BBC News
“Police acted correctly when searching for a missing girl later murdered by her father, an inquiry has found.”
BBC News, 25th October 2010
Spource: www.bbc.co.uk
Year: 2010
Public bodies face compliance dilemma with Equality Act’s demands – OUT-LAW.com
“Most of the Equality Act came into force earlier this month. One key part, though, will not take effect until April. The trouble is that it could impose a huge obligation on organisations and give them almost no time to meet its demands.”
OUT-LAW.com, 26th October 2010
Source: www.out-law.com
Google investigated over household data privacy breaches – The Guardian
“The UK privacy watchdog has launched an investigation into Google after it admitted copying household computer passwords and emails from unsecured wireless networks, when taking photographs for its Street View mapping service.”
The Guardian, 24th October 2010
Source: www.guardian.co.uk
High Court confirms ‘initial confusion’ as principle of EU trade mark law – OUT-LAW.com
“Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled.”
OUT-LAW.com, 26th October 2010
Source: www.out-law.com
New rights to protect Britons abroad – Ministry of Justice
“New rules which make sure that Britons arrested abroad are informed of their rights in a language they understand are being negotiated in Brussels. The UK has announced its intention to participate in these negotiations.”
Ministry of Justice, 25th October 2010
Source: www.justice.gov.uk
Has Equity Had Its Day? Hong Kong University Common Law Lecture 2010 – Lord Neuberger of Abbotsbury
“This evening, I should like to focus on the role of equity – at first sight, an unusual subject for a common law lecture. But as one of my predecessors as Master of the Rolls, in fact the last Chancery Master of the Rolls before me, Lord Evershed, put it, ‘The function of equity was . . . to fulfil the common law: not so much to correct it as to perfect it’…”
Judiciary of England and Wales, 25th October 2010 (Lecture delivered 12th October)
Source: www.judiciary.gov.uk
Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court – WLR Daily
“Whether an article was a ‘knife’ within the meaning of s 141A(2)(a) of the Criminal Justice Act 1988 was not a pure question of fact, but a question of mixed fact and law; and the justices had erred in law in finding that s 141A did not apply to a grapefruit knife, notwithstanding that it was a cutting instrument consisting of a blade with a handle.”
WLR Daily, 25th October 2010
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.
Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others – WLR Daily
“Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. It was not use as part (or even preparatory to) a commercial communication with a third party.”
WLR Daily, 25th October 2010
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.
Regina v M(L) and Others; Regina v Tabot; Regina v Tijani – WLR Daily
Regina v M(L) and Others; Regina v Tabot; Regina v Tijani [2010] EWCA Crim 2327 ; [2010] WLR(D) 266
“Where a person was a victim of human trafficking, for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197), and whilst retaining some nexus with the trafficking committed an offence which arguably called, in the public interest, for prosecution, the decision whether to prosecute depended on whether the offence committed was serious enough to call for prosecution, which in turn depended on all the circumstances of the case, the gravity of the offence alleged, the degree of continuing compulsion, and the alternatives reasonably available to the defendant. The prosecution was not obliged by art 10 of the Convention to advise a defendant’s solicitors of the availability of human trafficking referral agencies or to refer a represented defendant to those agencies, unless there were something unusual about the defendant’s case, but were obliged to remind the defendant’s solicitors of the existence of those agencies.”
WLR Daily, 25th October 2010
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.
Regina (Oakes) v Secretary of State for Justice and others – WLR Daily
Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267
“The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. The test under s 255C(3), that of ‘the protection of the public’ was broader than, and included, the test under s 255A(5), that of ‘risk of serious harm to members of the public’, in that it included the risk of re-offending upon release.”
WLR Daily, 25th October 2010
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.
Interview with Rt Hon Kenneth Clarke MP – BBC Law in Action
“Rt Hon Kenneth Clarke MP, the new Justice Secretary, is interviewed in front of an audience at Gray’s Inn by presenter Joshua Rozenberg.”
BBC Law in Action, 25th October 2010
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
High Court (Administrative Court)
High Court (Commercial Court)
Gesner Investments Ltd v Bombardier Inc [2010] EWHC 2643 (Comm) (22 October 2010)
Source: www.bailii.org
Bolsover District Council and another v Ashfield Nominees Ltd and others – WLR Daily
“A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of granting of the order, since the presentation of winding up petitions in respect of sums due under liability orders for unpaid council tax were not within the scope of s 9 of the Limitation Act 1980.”
WLR Daily, 22nd October 2010
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.
Threlfall v Hull City Council – WLR Daily
Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262
“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”
WLR Daily, 21st Octbober 2010
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.
O’Connell v Judicial Authority of Santa Cruz de Tenerife – WLR Daily
O’Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26
“It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason delayed issuing the warrant for a significant period of time.”
WLR Daily, 21st October 2010
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.
Granatino v Radmacher (formerly Granatino) – WLR Daily
Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260
“A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”
WLR Daily, 21st October 2010
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.
Couples bid to overturn gay marriage law – The Guardian
“Peter Tatchell plans legal challenge in campaign by gay and mixed-sex couples calling for the same type of union.”
The Guardian, 24th October 2010
Source: www.guardian.co.uk
Consumer laws undermined by gaps and complexity, say Law commissions – OUT-LAW.com
“Consumers face many situations in which a trader has broken unfair trading regulations but they have no direct course of action, the Law Commission and Law Commission of Scotland have said. Laws that could cover consumers are too complex, they said.”
OUT-LAW.com, 25th October 2010
Source: www.out-law.com
Corporate law firm undone by boom-era excess – The Guardian
“The collapse of the law firm Halliwells has mesmerised the profession – and raised the question: who’s next?”
The Guardian, 22nd October 2010
Source: www.guardian.co.uk
