Bilkus v Stockler Brunton (a firm) – WLR Daily

Posted February 18th, 2010 in appeals, costs, law reports, solicitors by sally

Bilkus v Stockler Brunton (a firm) [2010] EWCA Civ 101; [2010] WLR (D) 43

“When a solicitor rendering his invoice to a client charged an uplift fee he had to give careful attention to the question whether the work charged for was contentious or non-contentious work.”

WLR Daily, 17th February 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’Beirne v Hudson – WLR Daily

Posted February 18th, 2010 in appeals, consent orders, costs, law reports by sally

O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42

“Where a consent order provided for costs to be assessed on the standard basis the costs judge was not entitled to vary that order or to assess by reference to the small claims track. The costs judge was entitled to take account of all circumstances including the fact that had the case been allocated it would have been allocated to the small claims track. The costs judge had to have regard to what could or could not be recovered if so allocated. The test was whether it was reasonable for the paying party to pay more than would have been recoverable in a case that should have been allocated to the small claims track.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Eweida v British Airways plc – Times Law Reports

Posted February 18th, 2010 in law reports by sally

Eweida v British Airways plc

Court of Appeal

“Because it was not a requirement of Christianity that adherents had to wear a public display of their faith, it was not indirect discrimination for an employer’s dress code to prevent a staff member from wearing a cross as a visible neck adornment.”

The Times, 18th February 2010

Source: www.timesonline.co.uk

Regina (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Posted February 18th, 2010 in law reports by sally

Regina (Ghai) v Newcastle upon Tyne City Council

Court of Appeal

“A generous, rather than a restricted construction should be given to the word ‘building’ in the Cremation Act 1902.”

The Times, 18th February 2010

Source: www.timesonline.co.uk

Repealing the Human Rights Act may not be as alarming as it seems – The Times

Posted February 18th, 2010 in news by sally

“The Human Rights Act came into force ten years ago, in 2000, yet already all three major parties propose to amend it. The Government proposes a Bill of Rights and Responsibilities, bringing together rights such as free healthcare, victims’ rights and equality, which, in Jack Straw’s words, ‘are scattered across the UK’s legal and political landscape’.”

Full story

The Times, 18th February 2010

Source: www.timesonline.co.uk

PCC rejects complaint over Jan Moir column about Stephen Gately’s death – The Guardian

Posted February 18th, 2010 in complaints, freedom of expression, homosexuality, media, news by sally

“The Press Complaints Commission has rejected a complaint from the partner of Stephen Gately, the Boyzone singer who died suddenly in October, over an article by the Daily Mail columnist Jan Moir.”

Full story

The Guardian, 18th February 2010

Source: www.guardian.co.uk

Ramblers score ‘landmark’ victory over multi-millionaire landowner’s gates – Daily Telegraph

Posted February 18th, 2010 in footpaths, news, rights of way by sally

“Ramblers scored a landmark victory over a multi-millionaire landowner yesterday when a top judge told him he must tear down the “impressive” iron gateway to his Somerset estate.”

Full story

Daily Telegraph, 18th February 2010

Source: www.telegraph.co.uk

Should curious jurors force a change in the Contempt of Court Act? – The Times

Posted February 18th, 2010 in news by sally

“Is it time to revisit the Contempt of Court Act 1981? The first research findings into how much jurors are influenced by press coverage were published this week and show that jurors resort increasingly to the internet to read about their cases.”

Full story

The Times, 18th February 2010

Source: www.timesonline.co.uk

New rules could force Britain’s tax exiles to pay up – The Guardian

Posted February 18th, 2010 in domicile, news, tax avoidance, taxation by sally

“The government is unleashing a tough crackdown on Britain’s super-rich tax exiles in a move that will increase the pressure on dozens of the country’s wealthiest business figures and celebrities.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Miners’ solicitors bombard government with FoI requests – Law Society’s Gazette

Posted February 18th, 2010 in compensation, freedom of information, miners, news by sally

“The government has been overloaded with freedom of information (FoI) requests made by solicitors acting for former coal miners ahead of the first coordinated negligence action for alleged under-settlement of government compensation claims.”

Full story

Law Society’s Gazette, 18th February 2010

Source: www.lawgazette.co.uk

CPS to issue full guidance on assisted suicide cases – The Independent

Posted February 18th, 2010 in assisted suicide, Crown Prosecution Service, news by sally

“Full guidance on when prosecutions should be brought for assisting suicide will be published next week, the Crown Prosecution Service said today.”

Full story

The Independent, 17th February 2010

Source: www.independent.co.uk

Binyam Mohamed and MI5: lawyers told how to avoid a repeat fiasco – The Times

Posted February 18th, 2010 in news by sally

“Last week Jonathan Evans, the Director-General of M15, emerged from behind his veil to comment on the case of Binyam Mohamed. His emergence was surprising: he denied that MI5 has been trying to cover up its activities and that the material was ‘not prized from us by some external process but willingly provided by us to the court in the normal way’.”

Full story

The Times, 18th February 2010

Source: www.timesonline.co.uk

Government ‘actively assessing’ Jackson report – Law Society’s Gazette

Posted February 18th, 2010 in civil justice, costs, news, reports by sally

“The government and the opposition have hinted that they would implement some of Lord Justice Jackson’s recommendations on civil litigation costs, following the first parliamentary exchange on the judge’s report since its publication a month ago.”

Full story

Law Society’s Gazette, 18th February 2010

Source: www.lawgazette.co.uk

‘Appalling’ conditions at young offenders’ institute – The Independent

Posted February 18th, 2010 in news, prisons, young offenders by sally

“A prisons watchdog has criticised ‘appalling’ conditions at a young offenders’ institute (YOI), it emerged today.”

Full story

The Independent, 17th February 2010

Source: www.independent.co.uk

High-earning barrister Jeremy Rosenblatt denies wrongly claiming fees – The Times

Posted February 18th, 2010 in news by sally

“One of the country’s highest-paid civil barristers was accused today of trying to dramatically inflate his publicly funded legal aid fees by wrongly claiming for work.”

Full story

The Times, 17th February 2010

Source: www.timesonline.co.uk

Drew v Whitbread plc – WLR Daily

Posted February 17th, 2010 in costs, law reports by sally

Drew v Whitbread plc [2010] EWCA Civ 53; [2010] WLR (D) 41

“A party was not precluded from raising a matter before a costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs. Consequently a party could raise with the costs judge the issue that the case should have been a fast track case with costs assessed accordingly. The costs judge was not entitled simply to say that the costs would be assessed as if it were a fast track case but should proceed on the basis that the fact that the case should have been fast track was something to be taken into account when assessing costs.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Three not guilty over Birmingham riot death – BBC News

Posted February 17th, 2010 in appeals, law reports, murder, public order by sally

“Three men accused of murdering a 23-year-old man during riots in Birmingham have been found not guilty.”

Full story

BBC News, 17th February 2010

Source: www.bbc.co.uk

Judge blocks Milford Haven port strike – The Guardian

Posted February 17th, 2010 in industrial action, injunctions, news by sally

“A high court judge has blocked a strike by workers at one of Britain’s busiest ports, as British Airways cabin crew brace themselves for a legal challenge to next week’s strike ballot result.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 17th, 2010 in law reports by sally

Supreme Court

Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (17 February 2010)

Court of Appeal (Civil Division)

Harley & Ors v Smith & Anor [2010] EWCA Civ 78 (17 February 2010)

Actavis UK Ltd v Novartis AG [2010] EWCA Civ 82 (17 February 2010)

Davies & Anor, R (on the application of) v HM Revenue & Customs [2010] EWCA Civ 83 (16 February 2010)

Virdi v The Law Society of England and Wales & Anor [2010] EWCA Civ 100 (16 February 2010)

Smith v Youth Justice Board for England and Wales & Anor [2010] EWCA Civ 99 (16 February 2010)

Bilkus v Stockler Brunton (A Firm) [2010] EWCA Civ 101 (16 February 2010)

Court of Appeal (Criminal Division)

Barry, R v [2010] EWCA Crim 195 (17 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 17th, 2010 in legislation by sally

The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010

The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2010

The Deposits in the Sea (Exemptions) (Amendment) (England and Wales) Order 2010

The School Admissions Code (Appointed Day) (England) Order 2010

The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2010

The Marine and Coastal Access Act 2009 (Commencement No.2 and Transitional Provisions) Order 2010

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2010

The M6 Motorway (Junctions 8 to 10A) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2010

The Education (Chief Inspector of Education and Training in Wales) Order 2010

The British Nationality (Rwanda) Order 2010

The Pitcairn Constitution Order 2010

The Double Taxation Relief and International Tax Enforcement (Libya) Order 2010

The National Insurance Contribution Credits (Transfer of Functions) (Northern Ireland) Order 2010

The Double Taxation Relief and International Tax Enforcement (Qatar) Order 2010

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2010

The Parliamentary Commissioner Order 2010

The Consular Fees Order 2010

The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2010

The Inspectors of Education, Children’s Services and Skills Order 2010

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010

The Health Professions (Hearing Aid Dispensers) Order 2010

The European Communities (Definition of Treaties) (1996 Hague Convention on Protection of Children etc.) Order 2010

The Pharmacy Order 2010

The Travel Concessions (Eligible Services) (Amendment) Order 2010

The Bus Service Operators Grant (Wales) (Amendment) Regulations 2010

The Learner Travel Information (Wales) (Amendment) Regulations 2010 

Source: www.opsi.gov.uk