Newspaper does not have to identify anonymous commenters, rules High Court – OUT-LAW.com

Posted February 28th, 2011 in anonymity, defamation, internet, media, news, privacy by sally

“The Daily Mail does not have to identify the people behind two anonymously posted comments on its website because to do so would breach their rights to privacy, the High Court has said.”

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OUT-LAW.com, 28th February 2011

Source: www.out-law.com

International Criminal Practice Seminar, 9th March – The Bar Council

Posted February 28th, 2011 in barristers, continuing professional development, criminal justice, news by sally

“This event is aimed at criminal practitioners, clerks and practice managers who are interested in learning about how to expand their criminal practices internationally. The seminar will be Chaired by Peter Lodder QC, Chairman of the Bar Council and will feature a panel of speakers who will talk briefly on areas of international criminal work, regional opportunities and practical strategies for involvement.”

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The Bar Council, 25th February 2011

Source: www.barcouncil.org.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

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

British Airways plc v Mak and others – WLR Daily

British Airways plc v Mak and others [2011] EWCA Civ 184; [2011] WLR (D) 63

“The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London among other destinations, since they did work partly in Great Britain and their employment was therefore to be regarded as being at an establishment in Great Britain.”

WLR Daily, 25th February 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.

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

Posted February 28th, 2011 in appeals, landlord & tenant, law reports, statutory interpretation by sally

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

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

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted February 28th, 2011 in appeals, asylum, immigration, law reports, tribunals by sally

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

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

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Posted February 28th, 2011 in airlines, appeals, law reports, patents, summary judgments by sally

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 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.

Berezovsky v Abramovich – WLR Daily

Posted February 28th, 2011 in amendments, appeals, intimidation, law reports, limitations, pleadings by sally

Berezovsky v Abramovich [2011] EWCA Civ 153; [2011] WLR (D) 59

“A claimant who applied for permission to amend his particulars of claim by reframing the loss allegedly suffered as a result of the commission of a tort was not seeking to make a new claim involving the addition or substitution of a new cause of action within the meaning of section 35 of the Limitation Act 1980.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

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

Regina v Vasili – WLR Daily

Posted February 28th, 2011 in appeals, law reports, offensive weapons by sally

Regina v Vasili [2011] WLR (D) 58

“If an object had all the characteristics of a flick knife, it would therefore be considered an offensive weapon per se: the fact that the same object functioned also as a lighter did not stop it being an offensive weapon.”

WLR Daily, 24th February 2011

Source: www.lawreports.co.uk

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

Judges slam legal aid cuts and lawyers who bring ‘unmeritorious’ claims – Law Society’s Gazette

Posted February 28th, 2011 in consultations, judicial review, judiciary, legal aid, news by sally

“Judges have slammed government plans to cut legal aid, but also criticised publicly funded lawyers who bring ‘unmeritorious’ public law claims, and proposed limiting legal aid in judicial review cases.”

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Law Society’s Gazette, 28th February 2011

Source: www.lawgazette.co.uk

Relaxing DNA rules could reduce rape convictions, Labour warns – The Guardian

Posted February 28th, 2011 in DNA, news, rape by sally

“The government is running the risk of making it more difficult to convict rapists by relaxing the rules for retaining the DNA of suspects, the shadow home secretary Yvette Cooper has warned.”

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The Guardian, 28th February 2011

Source: www.guardian.co.uk

Murderers launch campaign for ‘freedom’ based on their human rights – Daily Telegraph

Posted February 28th, 2011 in human rights, murder, news, sentencing by sally

“Three murderers who were expected to die in jail have launched a campaign for freedom based on their human rights and the European Court of Human Rights has agreed to hear the cases.”

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Daily Telegraph, 26th February 2011

Source: www.telegraph.co.uk

Phone-hacking libel claim contested by Metropolitan police – The Guardian

Posted February 28th, 2011 in defamation, documents, interception, news, police, telecommunications by sally

“Scotland Yard is to contest a lawsuit that could establish the true number of victims in the News of the World phone-hacking scandal.”

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The Guardian, 26th February 2011

Source: www.guardian.co.uk

Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph

Posted February 28th, 2011 in EC law, human rights, insurance, news, pensions, sex discrimination by sally

“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”

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Daily Telegraph, 27th February 2011

Source: www.telegraph.co.uk

Young offenders leaving custody for life of homelessness and reoffending – The Guardian

Posted February 28th, 2011 in charities, homelessness, housing, news, recidivists, reports, young offenders by sally

“Children as young as 13 are being released from custody without a safe place to live, forcing them into a cycle of homelessness and reoffending, research has shown.”

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The Guardian, 28th February 2011

Source: www.guardian.co.uk

Bamber challenges whole-life tariffs in European court – BBC News

Posted February 26th, 2011 in human rights, murder, news, rehabilitation, sentencing by sally

“Jeremy Bamber and two other killers are to ask the European Court of Human Rights to rule on whole-life sentences.”

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BBC News, 26th February 2011

Source: www.bbc.co.uk

Government relaxes Bribery Act – Daily Telegraph

Posted February 26th, 2011 in bribery, legislation, Ministry of Justice, news, standards by sally

“The Government has bowed to pressure from business and relaxed key elements of the Bribery Act.”

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Daily Telegraph, 26th February 2011

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 26th, 2011 in legislation by sally

The Horserace Betting and Olympic Lottery Act 2004 (Commencement No.4) Order 2011

The Reporting of Prices of Milk Products (England) (Amendment) Regulations 2011

The Air Traffic Services (Exemption) Order 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 26th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Ahmed & Anor v R [2011] EWCA Crim 184 (25 February 2011)

Court of Appeal (Civil Division)

Ricky Edwards-Tubb v JD Wetherspoon Plc [2011] EWCA Civ 136 (25 February 2011)

High Court (Queen’s Bench Division)

Aviva Insurance Ltd v Brown [2011] EWHC 362 (QB) (25 February 2011)

Locke v Stuart & Anor [2011] EWHC 399 (QB) (25 February 2011)

High Court (Administrative Court)

Moneim v General Medical Council [2011] EWHC 327 (Admin) (25 February 2011)

Nagiub v General Medical Council [2011] EWHC 366 (Admin) (25 February 2011)

High Court (Commercial Court)

Antonio Gramsci Shipping Corp & Ors v Stepanovs [2011] EWHC 333 (Comm) (25 February 2011)

Source: www.bailii.org

Guardian Focus podcast: The indefinite detention of foreign prisoners – The Guardian

Posted February 26th, 2011 in deportation, detention, human rights, immigration, podcasts by sally

“Hundreds of foreign prisoners are held indefinitely after they have served their criminal sentences. Harriet Grant investigates.”

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The Guardian, 25th February 2011

Source: www.guardian.co.uk