Supreme Court widens definition of violent abuse – Law Society’s Gazette

Posted February 4th, 2011 in domestic violence, news by sally

“Solicitors have welcomed a Supreme Court ruling that domestic violence extends beyond physical contact to include other forms of violent conduct.”

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Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted February 4th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Auton & Ors v R. [2011] EWCA Crim 76 (03 February 2011)

Court of Appeal (Civil Division)

Islam & Anor v Al- Sami & Anor [2011] EWCA Civ 32 (03 February 2011)

High Court (Chancery Division)

Wollenberg v Casinos Austria International Holding GmbH [2011] EWHC 103 (Ch) (03 February 2011)

Hobbs & Anor v Gibson & Ors [2010] EWHC 3676 (Ch) (17 December 2010)

Rosebery Ltd v Rocklee Ltd & Anor [2011] EWHC B1 (Ch) (20 January 2011)

Source: www.bailii.org

The debate about employment tribunals and the rise in claims – Law Society’s Gazette

Posted February 4th, 2011 in employment tribunals, news by sally

“Reforms to employment law and the employment tribunal system did not feature in the 2010 Conservative election manifesto. But there was a clear commitment to reducing regulation of small businesses. In recent weeks, it has become clear this commitment has translated into controversial plans for substantial reform to tribunal procedures.”

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Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

Modular courts piloted to meet soaring workloads – Ministry of Justice

Posted February 4th, 2011 in Crown Court, news, pilot schemes by sally

“Temporary courtrooms are being used to extend a busy crown court and help it to meet its increased workload.”

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Ministry of Justice, 3rd February 2011

Source: www.justice.gov.uk

UK ‘made safe haven’ by human rights rulings – The Independent

Posted February 4th, 2011 in deportation, human rights, news, terrorism by sally

“Human rights rulings make the UK a ‘safe haven’ for suspected foreign terrorists, the independent reviewer of anti-terror laws said today.”

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The Independent, 3rd February 2011

Source: www.independent.co.uk

Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain – WLR Daily

Posted February 4th, 2011 in EC law, extradition, law reports, time limits by sally

Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain [2011] EWHC 100 (Admin); [2011] WLR (D) 35

“Article 23 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as implemented by s 36(3)(b) of the Extradition Act 2003, contemplated the possibility of agreement being sought and given for an extension of the period for extradition after the expiry of the original period, since it was only at the end of the original period that circumstances beyond the control of the member state or serious humanitarian reasons prevented extradition within that period and gave rise to the need for agreement on a new date for removal.”

WLR Daily, 3rd 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.

Office of Fair Trading v Purely Creative Ltd and others – WLR Daily

Posted February 4th, 2011 in causation, consumer protection, law reports, unfair commercial practices by sally

Office of Fair Trading v Purely Creative Ltd and others [2011] EWHC 106 (Ch); [2011] WLR (D) 34

“For the purposes of applying the causation test in regulations 5 and 6 of the Consumer Protection from Unfair Trading Regulations 2008 the combined effect of all relevant misleading acts and omissions had first to be ascertained, and then subjected to the test whether, taken in the aggregate, it would probably cause the average consumer to take a transactional decision which he would not otherwise have taken.”

WLR Daily, 3rd 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.

HSBC Bank Plc v Brophy – WLR Daily

Posted February 4th, 2011 in consumer credit, law reports by sally

HSBC Bank Plc v Brophy [2011] EWCA Civ 67; [2011] WLR (D) 33

“A clause in a credit card agreement which provided for the bank to determine the credit limit from time to time at its discretion by notifying the debtor of its amount was valid.”

WLR Daily, 3rd February 2011

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.

Legislation forces archaeologists to rebury finds – The Guardian

Posted February 4th, 2011 in burials and cremation, news by sally

“Human remains from Stonehenge and other ancient settlements will be reburied and lost to science under legislation that threatens to cripple research into the history of humans in Britain, a group of leading archaeologists says today.”

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The Guardian, 4th February 2011

Source: www.guardian.co.uk

Construction firm branded ‘complete disgrace’ by high court judge – The Guardian

Posted February 4th, 2011 in construction industry, contempt of court, freezing injunctions, news by sally

“CCC, which has history of British political donations, failed to comply with court orders freezing its assets.”

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The Guardian, 2nd February 2011

Source: www.guardian.co.uk

Armed robbery gang members jailed – The Independent

Posted February 4th, 2011 in news, robbery, sentencing by sally

“Members of one of Britain’s biggest networks of armed robbery gangs were jailed today.”

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The Independent, 3rd February 2011

Source: www.independent.co.uk

High court judges with poor judgment should stand down – The Guardian

Posted February 4th, 2011 in judiciary, news, professional conduct by sally

“Judges cannot be sacked, so they can go on getting things wrong unless public pressure persuades them to quit.”

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The Guardian, 3rd February 2011

Source: www.guardian.co.uk

Politicians warned over prisoner voting rights – The Guardian

Posted February 4th, 2011 in elections, human rights, news, prisons by sally

“Europe’s human rights watchdog has warned British politicians that if they continue to exclude prisoners from the right to vote they risk undermining a crucial element of democracy.”

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The Guardian, 4th February 2011

Source: www.guardian.co.uk

Supreme Court to allow tweeting – The Independent

Posted February 4th, 2011 in internet, news, Supreme Court, telecommunications by sally

“Tweeting is to be allowed from hearings at the highest court in the land, it was announced today (3 February).”

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The Independent, 3rd February 2011

Source: www.independent.co.uk

Control orders replacement does much the same job, says Lord Carlile – The Guardian

Posted February 4th, 2011 in control orders, news, terrorism by sally

“The proposed replacement for control orders ‘shares several characteristics’ with the existing regime and should provide the same level of public protection, Lord Carlile, the government’s official reviewer of counter-terror laws, has said.”

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The Guardian, 3rd February 2011

Source: www.guardian.co.uk