Month: October 2010

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) – WLR Daily

Posted October 14th, 2010 in law reports, local government, school admissions by sally

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) [2010] EWCA Civ 1103; [2010] WLR (D) 245

“An inquiry pursuant to s 86(3) of the School Standards and Framework Act 1998 into whether compliance with a parent’s preference as to the school at which he wished education to be provided for his child would prejudice the provision of efficient education or the efficient use of resources was to be assessed objectively.”

WLR Daily, 13th October 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.

Chancery Lane publishes Jackson review response – Law Society’s Gazette

Posted October 14th, 2010 in civil justice, costs, legal aid, news by sally

“The Law Society today warned against piecemeal implementation of Lord Justice Jackson’s proposals on civil litigation costs, telling the government that this could be ‘very damaging’ to access to justice. Jackson himself has said that his reforms will not succeed unless they are implemented as a whole.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Lord Saville defends millions in fees to Bloody Sunday lawyers – Daily Telegraph

Posted October 14th, 2010 in armed forces, demonstrations, inquiries, news, Northern Ireland by sally

“Lord Saville of Newdigate defended the cost and length of the £200 million inquiry, which took more than 11 years, saying that it could not have been done cheaply or quickly if it was to be ‘thorough’.”

Full story

Daily Telegraph, 13th October 2010

Source: www.telegraph.co.uk

The Bribery Act and how in-house counsel can help combat corruption – Law Society’s Gazette

Posted October 14th, 2010 in bribery, corruption, news by sally

“In July the Ministry of Justice (MoJ) announced that the Bribery Act will not come into force until April 2011, a full year after it received royal assent. At the same time, it promised to issue guidance to enable commercial organisations to understand the concept of ‘adequate procedures’. This guidance is the subject of a consultation process, managed by the MoJ, with a closing date for responses set for 8 November.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

The case for diversity: legal profession’s white, male legacy persists – The Guardian

Posted October 14th, 2010 in equality, legal profession, minorities, news, women by sally

“This week saw the release of the Equality and Human Rights Commission report entitled How Fair is Britain. Today (13 October), at a high-level conference at Westminster University, original research examining structural inequalities in the legal services sector [pdf] will be unveiled.”

Full story

The Guardian, 13th October 2010

Source: www.guardian.co.uk

Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette

Posted October 14th, 2010 in disclosure, financial advice, legal profession, news, privilege by sally

“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Ricin trial illustrates the importance of juries – The Guardian

Posted October 13th, 2010 in juries, news, terrorism by sally

“It is five years since the jurors filed back into the Old Bailey to give their verdict in what has become known as the ‘ricin plot’ trial. After a six-month trial, 17 days of deliberations, and an estimated £20m of taxpayers’ money, four defendants were acquitted and the fifth was found guilty of the lesser charge of conspiracy to cause a public nuisance.”

Full story

The Guardian, 13th October 2010

Source: www.guardian.co.uk

‘Fewer attackers jailed’ under new sentencing guidelines – The Independent

Posted October 13th, 2010 in assault, news, sentencing by sally

“Thousands of attackers will be allowed to walk free from court under proposed new guidelines for assault cases, the Sentencing Council said today.”

Full story

The Independent, 13th October 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted October 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2010] EWCA Civ 1100 (11 October 2010)

Haringey Independent Appeal Panel v M, R (on the application of) [2010] EWCA Civ 1103 (12 October 2010)

Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050 (12 October 2010)

Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 (12 October 2010)

Mölnlycke Health Care AB & Anor v BSN Medical Ltd & Anor [2010] EWCA Civ 1053 (12 October 2010)

SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101 (12 October 2010)

Yollari & Anor, R (on the application of) v Secretary of State for Transport & Anor [2010] EWCA Civ 1093 (12 October 2010)

High Court (Administrative Court)

Loizou, R (on the application of) v Mid-Yorkshire Hospitals NHS Trust [2010] EWHC 2523 (Admin) (11 October 2010)

High Court (Technology and Construction Court)

Dhamija & Anor v Sunningdale Joineries Ltd & Ors [2010] EWHC 2396 (TCC) (12 October 2010)

William McIlroy Swindon Ltd & Anor v Quinn Insurance Ltd [2010] EWHC 2448 (TCC) (12 October 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 13th, 2010 in legislation by sally

The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010

The Premium Savings Bonds (Amendment etc) Regulations 2010

The Financial Services Act 2010 (Commencement No. 1 and Transitional Provision) Order 2010

The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

College of Law backs proposals to open up tuition fees market – Legal Week

Posted October 13th, 2010 in fees, legal education, news by sally

“The College of Law has thrown its support behind Lord Browne’s review of student funding, which could see the removal of the cap on UK university fees.”

Full story

Legal Week, 12th October 2010

Source:www.legalweek.com

Three found guilty of Halloween hat murder – The Independent

Posted October 13th, 2010 in murder, news by sally

“Three men were facing life sentences today for killing an IT expert after snatching his girlfriend’s Halloween hat.”

Full story

The Independent, 12th October 2010

Source: www.independent.co.uk

Illegal fertility company owners given suspended prison sentence – The Guardian

Posted October 13th, 2010 in assisted reproduction, embryology, licensing, news, sentencing by sally

“Two men who netted £250,000 after providing women with access to sperm through an illegal fertility company were spared an immediate jail term today.”

Full story

The Guardian, 12th October 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 12th, 2010 in legislation by sally

The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010

The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010

The Social Fund Cold Weather Payments (General) Amendment Regulations 2010

The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010

The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Freedom of Information (Time for Compliance with Request) Regulations 2010

The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 12th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Bohannan, R. v [2010] EWCA Crim 2261 (21 September 2010)

Court of Appeal (Civil Division)

Tate & Lyle Technology Ltd v Roquette Freres [2010] EWCA Civ 1049 (11 October 2010)

High Court (Queen’s Bench Division)

Taylor v Associated Newspapers Ltd [2010] EWHC 2494 (QB) (11 October 2010)

High Court (Chancery Division)

Ramzan v Brookwide Ltd [2010] EWHC 2453 (Ch) (08 October 2010)

High Court (Administrative Court)

Roshan, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2501 (Admin) (07 October 2010)

High Court (Commercial Court)

Berezovsky v Abramovich [2010] EWHC 2010 (Comm) (06 August 2010)

Source: www.bailii.org

Do ‘no win, no fee’ personal injury ads go too far? – The Guardian

Posted October 12th, 2010 in advertising, legal services, news, personal injuries by sally

“Do advertisements for ‘no win, no fee’ personal injury (PI) services need curbing? They may not exactly be what John Logie Baird had in mind when he first transmitted moving images, but tackiness should not on its own be enough to shut down a route to injured people gaining access to justice. Nor to close off a lucrative source of income for the cash-strapped advertising industry.”

Full story

The Guardian, 12th October 2010

Source: www.guardian.co.uk

Stockton-on-Tees Borough Council v Fidler and others – WLR Daily

Posted October 12th, 2010 in law reports, licensing, taxis by sally

Stockton-on-Tees Borough Council v Fidler and others [2010] EWHC 2430 (Admin); [2010] WLR (D) 244

“The definition of ‘private hire vehicle’ in s 80(1) of the Local Government (Miscellaneous Provisions) Act 1976, with its express exclusion of hackney carriages, had to be read into the references to ‘private hire vehicle’ in sections 46(1)(d)(e); and the words ‘hackney carriage’, where they appeared in s 80(1), were not confined to a vehicle licensed as a hackney carriage by the local authority which was seeking to enforce within its own area the provisions of the 1976 Act, but extended to any vehicle licensed as a hackney carriage wherever so licensed. However. it was an offence under s 45 of the Town Police Clauses Act 1847 for a hackney carriage licensed in one area to stand or ply for hire in another area where no licence had been granted to either the driver or the vehicle by the licensing authority for that area.”

WLR Daily, 11th October 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.

Prison governors call for release of 2,500 inmates – The Guardian

Posted October 12th, 2010 in news, prisons, sentencing by sally

“Prison governors are to call tomorrow for the immediate release of more than 2,500 inmates who remain behind bars beyond their official release date. Eoin McLennan-Murray, president of the Prison Governors Association, will describe the situation of inmates serving a sentence of imprisonment for public protection (IPP) as ‘a blatant injustice’.”

Full story

The Guardian, 12th October 2010

Source: www.guardian.co.uk

Equality Act will spark a ‘wave’ of work claims – The Lawyer

Posted October 11th, 2010 in employment, equality, news by sally

“Lawyers predict that he implementation of the Equality Act will lead to a rise in employment disputes as they take to the courts to test the boundaries of the legislation.”

Full story

The Lawyer, 11th October 2010

Source: www.thelawyer.com

High Court defamation claims soar – Law Society’s Gazette

Posted October 11th, 2010 in defamation, news, statistics by sally

“The number of High Court defamation claims has risen to the highest level since the Woolf reforms, figures have shown.”

Full story

Law Society’s Gazette, 11th October 2010

Source: www.lawgazette.co.uk