Total faces £100m payout to Shell for Buncefield – The Times

Posted March 5th, 2010 in news by sally

“Total, the French oil group, may be forced to pay out around £100 million to rival oil company Shell to compensate it for damage caused by the Buncefield fire in 2005.”

Full story

The Times, 4th March 2010

Source: www.timesonline.co.uk

4 New Square defeats race discrimination case – The Lawyer

Posted March 5th, 2010 in barristers, news, race discrimination by sally

“The London barrister who sued three members of 4 New Square and the set’s senior clerk on grounds of racial and disability discrimination has lost her case.”

Full story

The Lawyer, 3rd March 2010

Source: www.thelawyer.com

Fraud gang who stole identity of dead child jailed – BBC News

Posted March 5th, 2010 in conspiracy, fraud, identity fraud, news by sally

“Two men and a woman who stole the identity of a dead child as part of a multiple fraud have been jailed.”

Full story

BBC News, 5th March 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted March 5th, 2010 in legislation by sally

The Census (England) Regulations 2010

The Medicines (Products for Human Use) (Fees) Regulations 2010

The Blood Safety and Quality (Fees Amendment) Regulations 2010

The Medical Devices (Fees Amendment) Regulations 2010

The Whole of Government Accounts (Specified Dates) Order 2010

The Special Annual Allowance Charge (Variation of Rate) Order 2010

The Finance Act 2009, Section 94 (Appointed Day) Order 2010

The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2010

The Child Trust Funds (Amendment) Regulations 2010

The Income Tax Act 2007 (Amendment) Order 2010

Source: www.opsi.gov.uk

Pair found guilty over Luton ‘scum’ protest – BBC News

Posted March 5th, 2010 in demonstrations, news, public order, racism by sally

“Two men who shouted ‘scum, scum, scum’ at Muslim protestors during a soldiers’ homecoming parade have been convicted of committing a public order offence.”

Full story

BBC News, 5th March 2010

Source: www.bbc.co.uk

Brothers win £600,000 will battle – BBC News

Posted March 5th, 2010 in news, wills by sally

“Two brothers will inherit their father’s Norfolk farm following a High Court dispute that has left the family riven by ‘suspicion and distrust.’ ”

Full story

BBC News, 5th March 2010

Source: www.bbc.co.uk

CJD victims’ families lose high court battle to change compensation scheme – The Guardian

Posted March 5th, 2010 in CJD, compensation, news by sally

“Families of people who developed the incurable variant CJD today lost their high court battle to change what they saw as a flawed compensation scheme.”

Full story

The Guardian, 5th March 2010

Source: www.guardian.co.uk

Paramedic jailed for lying about failure to resuscitate 30-stone man – The Guardian

“A paramedic was jailed for 12 months today after being found guilty of telling a series of lies when he failed to resuscitate a 30-stone man.”

Full story

The Guardian, 5th March 2010

Source: www.guardian.co.uk

Cossor Ali found not guilty of failing to pass on airline bomb plot information – The Times

Posted March 5th, 2010 in news by sally

“The wife of the convicted airliner bomb plotter Abdulla Ahmed Ali was today found not guilty of failing to pass on information that would be useful in preventing an act of terrorism.”

Full story

The Times, 5th March 2010

Source: www.timesonline.co.uk

Soldier Joe Glenton who refused to return to Afghanistan jailed for nine months – The Times

Posted March 5th, 2010 in news by sally

“A soldier who fled the country rather than redeploy to Afghanistan and who has since claimed the conflict is illegal was jailed for nine months today.”

Full story

The Times, 5th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 5th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Houldsworth & Anor v Bridge Trustees Ltd & Anor [2010] EWCA Civ 179 (04 March 2010)

Malik v Kalyan [2010] EWCA Civ 113 (04 March 2010)

Shell UK Ltd & Ors v Total UK Ltd & Anor [2010] EWCA Civ 180 (04 March 2010)

Zeital & Anor v Kaye & Ors [2010] EWCA Civ 159 (05 March 2010)

Court of Appeal (Criminal Division)

Johnson, R. v [2010] EWCA Crim 385 (04 March 2010)

High Court (Administrative Court)

Paterson v Secretary of State for the Environment, Food and Rural Affairs & Ors [2010] EWHC 394 (Admin) (03 March 2010)

Birch, R (on the application of) v Barnsley Metropolitan Borough Council [2010] EWHC 416 (Admin) (04 March 2010)

Vellaokuddi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 415 (Admin) (04 March 2010)

High Court (Chancery Division)

Foodco UK Llp (t/a Muffin Break) & Ors v Henry Boot Developments Ltd [2010] EWHC 358 (Ch) (03 March 2010)

High Court (Commercial Court)

Buyuk Camlica Shipping Trading & Industry Co Inc v Progress Bulk Carriers Ltd [2010] EWHC 442 (Comm) (04 March 2010)

High Court (Family Division)

Doctor A & Ors v Ward & Anor [2010] EWHC 205 (Fam) (09 February 2010)

High Court (Queen’s Bench Division)

Brown ( A Minor) v Emery [2010] EWHC 388 (QB) (04 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 5th, 2010 in legislation by sally

The NHS Professionals Special Health Authority (Abolition) Order 2010

The Severn Bridges (Amendment) Regulations 2010

The Rail Vehicle Accessibility (London Underground Metropolitan Line S8 Vehicles) Exemption Order 2010

The Fire Safety (Employees’ Capabilities) (England) Regulations 2010

The Postgraduate Medical Education and Training Order of Council 2010

The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) (Amendment) Regulations 2010

The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2010

The Care Quality Commission (Specified Organisations etc) Order 2010

The South Downs National Park Authority (Establishment) Order 2010

The Town and Country Planning (Blight Provisions) (England) Order 2010

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

The Lowestoft Sixth Form College (Incorporation) Order 2010

The Lowestoft Sixth Form College (Government) Regulations 2010

The Policing and Crime Act 2009 (Commencement No. 4) Order 2010

The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010

The Social Security (Miscellaneous Amendments) Regulations 2010

Source: www.opsi.gov.uk

YouTube threatened by changes to Digital Economy Bill – OUT-LAW.com

Posted March 5th, 2010 in bills, copyright, internet, news by sally

“Courts will have the power to block access to entire websites from the UK because of allegations of copyright infringement under an amendment to Government legislation that has been adopted by the House of Lords.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

Miners’ solicitors to face court action – Law Society’s Gazette

Posted March 5th, 2010 in claims management, compensation, miners, news, solicitors by sally

“Solicitors who handled sick coal miners’ government compensation claims are set to appear before courts across the country, as the first known court actions for alleged undersettlement of such claims begin to emerge.”

Full story

Law Society’s Gazette, 4th March 2010

Source: www.lawgazette.co.uk

Libel success fees limited to 10% – Law Society’s Gazette

Posted March 5th, 2010 in costs, defamation, fees, media, news, solicitors by sally

“The success fees charged by lawyers in defamation cases will be cut by 90% after justice secretary Jack Straw laid an order to amend the laws on ‘no win, no fee’ agreements.”

Full story

Law Society’s Gazette, 5th March 2010

Source: www.lawgazette.co.uk

Protecting children – Home Office

Posted March 5th, 2010 in press releases by sally

“Today the Home Secretary, Alan Johnson, announced the roll-out of a pioneering scheme that will improve protection for children. The child sex offender disclosure scheme gives members of the public a formal mechanism to make enquires about people who are in contact with children.”

Full press release

Home Office, 3rd March 2010

Source: www.homeoffice.gov.uk

Bar Council Welcomes Government’s Decision to Create New Executive Agency to Administer Legal Aid – The Bar Council

Posted March 5th, 2010 in legal aid, Ministry of Justice, press releases by sally

“The Bar Council has welcomed the Ministry of Justice’s decision announced today to create a new executive agency to replace the Legal Services Commission (LSC) to administer legal aid.”

Full press release

The Bar Council, 3rd March 2010

Source: www.barcouncil.org.uk

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily

Posted March 5th, 2010 in appeals, hotels, law reports, trade marks, trade names by sally

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others [2010] EWCA Civ 110; [2010] WLR (D) 64

“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”

WLR Daily, 4th March 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 Lancaster – WLR Daily

Posted March 5th, 2010 in appeals, benefits, false accounting, law reports, theft by sally

Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63

“Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material if it had the effect that the document was liable to mislead in a way which was significant, or in a way which mattered.”

WLR Daily, 4th March 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 NW – WLR Daily

Posted March 5th, 2010 in appeals, law reports, public order, violent disorder by sally

Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62

“The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time.”

WLR Daily, 4th March 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.