Recent Statutory Instruments – legislation.gov.uk

Posted January 19th, 2011 in legislation by sally

The Motor Vehicles (Insurance Requirements) Regulations 2011

The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2011

The Constitutional Reform and Governance Act 2010 (Commencement No. 4 and Saving Provision) Order 2011

The Road Safety Act 2006 (Commencement No. 6) Order 2011

The Value Added Tax (Buildings and Land) Order 2011

Source: www.legislation.gov.uk

European court deals blow to no win, no fee deals in Naomi Campbell case – The Guardian

Posted January 19th, 2011 in defamation, fees, human rights, news, privacy by sally

“The European court of human rights today (18 January) unanimously ruled that the recovery of success fees by lawyers in privacy and defamation cases represents a significant violation of freedom of expression, in a case brought by the publisher of the Daily Mirror.”

Full story

The Guardian, 18th January 2011

Source: www.guardian.co.uk

Related link: Full judgment: Mirror Group News v UK

Segway motor scooter rider loses legal challenge – BBC News

Posted January 19th, 2011 in fines, footpaths, news, road traffic offences by sally

“A man has become the first person in the UK to be successfully prosecuted for riding a Segway scooter on a pavement.”

Full story

BBC News, 18th January 2011

Source: www.bbc.co.uk

Father and son convicted of trafficking women into UK prostitution – The Guardian

Posted January 19th, 2011 in news, prostitution, trafficking in human beings by sally

“A father and son were today convicted of trafficking women into Britain from Romania and forcing them to work as prostitutes.”

Full story

The Guardian, 18th January 2011

Source: www.guardian.co.uk

Legal aid cuts ‘deprive drug claimants of day in court’ – BBC News

Posted January 19th, 2011 in legal aid, medicines, negligence, news by sally

“Legal aid cuts will make it impossible to challenge pharmaceutical companies in the courts, the BBC has been told.”

Full story

BBC News, 18th January 2011

Source: www.bbc.co.uk

Soil Association given libel warning after objection to huge pig farm – The Guardian

Posted January 19th, 2011 in agriculture, animals, defamation, news, planning by sally

“When a charity objected to plans for a pig factory for up to 25,000 animals, they expected a fight. But now the battle looks likely to intensify after the leading London lawyers Carter-Ruck threatened libel proceedings.”

Full story

The Guardian, 18th January 2011

Source: www.guardian.co.uk

Government will publish new guidance on bribery law – OUT-LAW.com

Posted January 19th, 2011 in bribery, news by sally

“The Government will publish new guidelines on bribery, it has said. The rules will help companies to comply with the Bribery Act which was passed last year.”

Full story

OUT-LAW.com, 18th January 2011

Source: www.out-law.com

Bristol gay couple win Cornwall B&B bed ban case – BBC News

Posted January 18th, 2011 in news, sexual orientation discrimination by sally

“The owners of a hotel who refused to allow a gay couple a double room acted unlawfully, a judge has ruled.”

Full story

BBC News, 18th January 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

AVS v A NHS Foundation Trust & Anor [2011] EWCA Civ 7 (17 January 2011)

High Court (Chancery Division)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWHC 29 (Ch) (14 January 2011)

Dance v Savery & Ors [2011] EWHC 16 (Ch) (17 January 2011)

High Court (Queen’s Bench Division)

London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen [2011] EWHC 7 (QB) (10 January 2011)

High Court (Administrative Court)

CJ, R (on the application of) v Cardiff County Council [2011] EWHC 23 (Admin) (17 January 2011)

MA, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 9 (Admin) (10 January 2011)

High Court (Technology and Construction Court)

D Morgan Plc v Mace & Jones (A Firm) [No 3] [2011] EWHC 26 (TCC) (17 January 2011)

Redwing Construction Ltd v Wishart [2011] EWHC 19 (TCC) (17 January 2011)

Source: www.bailii.org

Of Smoke and Snails – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted January 18th, 2011 in legal profession, speeches by sally

Of Smoke and Snails (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

King’s College, London’s Bar Society Annual Dinner, 13 January 2011

Source: www.judiciary.gov.uk

M v Hackney London Borough Council and others – WLR Daily

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

WLR Daily, 17th January 2011

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.

Government creates data publishing body

Posted January 18th, 2011 in freedom of information, news, public interest by sally

“A single body will be put in charge of how data generated by publicly owned bodies is used, the Government has said. It has outlined plans for a Public Data Corporation (PDC) to manage data and license it to others.”

Full story

OUT-LAW.com, 17th January 2011

Source: www.out-law.com

Gloucestershire scam builders guilty of £1m fraud – BBC News

Posted January 18th, 2011 in conspiracy, fraud, news by sally

“A gang of Gloucestershire builders has been convicted of scamming householders out of a combined total of nearly £1m.”

Full story

BBC News, 17th January 2011

Source: www.bbc.co.uk

Mental health patient detained indefinitely for killing brother, nine – The Guardian

Posted January 18th, 2011 in diminished responsibility, homicide, mental health, news by sally

“A mental health patient was detained indefinitely today (17 January) for wounding his sister and stabbing to death his younger brother, with whom he had a close and loving relationship.”

Full story

The Guardian, 17th January 2011

Source: www.guardian.co.uk

Law firms’ poor use of Twitter risks ‘damaging their brand’ – Law Society’s Gazette

Posted January 18th, 2011 in internet, law firms, news by sally

“Two-thirds of top-50 law firms have a Twitter account, but some may be ‘damaging their brand’ by failing to tweet anything at all, a report has suggested.”

Full story

Law Society’s Gazette, 17th January 2011

Source: www.lawgazette.co.uk

Court threat to Parliament Square protesters – The Independent

Posted January 18th, 2011 in demonstrations, London, news, trespass by sally

“Parliament Square peace protesters were threatened with court action today (17 January) unless they clear their makeshift camps from the pavement area by the end of the working week.”

Full story

The Independent, 17th January 2011

Source: www.independent.co.uk

Peers bed down for marathon session to pass reform bill – The Guardian

Posted January 18th, 2011 in elections, news, parliament, referendums by sally

“Lords debate reduction in the number of MPs in parliament.”

Full story

The Guardian, 17th January 2011

Source: www.guardian.co.uk

New crime agency to tackle corporate fraud – BBC News

Posted January 18th, 2011 in fraud, news by sally

“The government is to reorganise the way corporate fraud is tackled.”

Full story

BBC News, 17th January 2011

Source: www.bbc.co.uk

Anger over courtesy titles for supreme court justices – The Guardian

Posted January 18th, 2011 in news, Supreme Court by sally

“A simmering row at the supreme court has resulted in a decision by the Queen to give all justices ‘courtesy titles’ of lord or lady.”

Full story

The Guardian, 17th January 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 17th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Otway v R. [2011] EWCA Crim 3 (14 January 2011)

Coonan (Formerly Sutcliffe), R v [2011] EWCA Crim 5 (14 January 2011)

Hall v R. [2011] EWCA Crim 4 (14 January 2011)

Court of Appeal (Civil Division)

Close v Wilson [2011] EWCA Civ 5 (14 January 2011)

TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4 (14 January 2011)

Clift v Slough Borough Council [2010] EWCA Civ 1484 (21 December 2010)

High Court (Administrative Court)

Gonzales v Folkestone Magistrates Court [2010] EWHC 3428 (Admin) (14 December 2010)

Morales, R (on the application of) v The Parole Board & Ors [2011] EWHC 28 (Admin) (14 January 2011)

Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor [2010] EWHC 3514 (Admin) (21 December 2010)

Millgate Developments Ltd, R (on the application of) v Wokingham Borough Council [2011] EWHC 6 (Admin) (14 January 2011)

Source: www.bailii.org