“A mother cleared of killing her children in a house fire wept as she walked free from court and said she just wanted to start piecing her life back together.”
The Guardian, 22nd February 2011
Source: www.guardian.co.uk
Cecil and others v Bayat and others [2011] EWCA Civ 135; [2011] WLR (D) 51
“The claimants in a proposed action for breach of contract and damages were not entitled unilaterally to decide to postpone service of their claim form out of the jurisdiction under CPR 7.6(1). They should have served the form in the period of its initial validity, and, if they were not in a financial position to proceed immediately with the claim, they should have issued an application seeking a stay, or an extension of the time for procedural steps to be taken. The fact that the claimants spent the period of initial validity seeking a conditional fee agreement and after-the-event insurance was not a valid reason for their not having served the claim form, since their funds were sufficient to serve the claim even if they were not then in a position to fund the entire course of the litigation.”
WLR Daily, 21st 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.
“The attempt to extradite Julian Assange to Sweden has raised several legal issues. In the first of the new series Joshua Rozenberg asks whether Julian Assange’s lawyer Mark Stephens overstepped the mark by declaring the innocence of his client. He asks the United States legal representative in the UK, Amy Jeffress, if the extradition arrangements between the US and UK need changing and he looks at whether the media should be tweeting from court.”
BBC Radio 4, 22nd February 2011
Source: www.bbc.co.uk
“A much-praised teacher who persuaded difficult pupils to read by making them characters in their own, grittily realistic novel is about to find out whether an employment tribunal will allow her to relaunch her career.”
The Guardian, 22nd February 2011
Source: www.guardian.co.uk
“The government is considering a change in the law after the BBC revealed a south London councillor had a gun crime conviction but could not be sacked.”
BBC News, 22nd February 2011
Source: www.bbc.co.uk
“The Cornish pasty has become a protected food following a long campaign to prevent it being copied by imitators.”
The Guardian, 22nd February 2011
Source: www.guardian.co.uk
“A Royal Mail worker from Hampshire who was sacked when he was charged with murdering his married lover has lost his case for unfair dismissal.”
BBC News, 22nd February 2011
Source: www.bbc.co.uk
“Divorcing couples will be referred to mediation to sort out most disputes before they are allowed to use the courts, the government is announcing.”
BBC News, 23rd February 2011
Source: www.bbc.co.uk
“Facebook is threatening legal action against the Daily Mail amid a dispute over the headline of a front page story that named the social networking website in the context of a story about a paedophile gang operating in Devon.”
The Guardian, 22nd February 2011
Source: www.guardian.co.uk
“Details of the European Commission’s objections to the Data Protection Act (DPA) have been revealed for the first time. A document has been published outlining why the Commission thinks the DPA fails to implement the EU’s Data Protection Directive.”
OUT-LAW.com, 22nd February 2011
Source: www.out-law.com
“The OFT has ordered Money Advice Direct Limited (MADL), a firm that introduces struggling borrowers to debt management companies, to stop using misleading advertising that presents it as a source of free help.”
The Guardian, 22nd February 2011
Source: www.guardian.co.uk
“Home owners who were sold mortgages during the property boom that they couldn’t afford are to be given compensation following a ruling by the City watchdog.”
Daily Telegraph, 22nd February 2011
Source: www.telegraph.co.uk
“Solicitors believe it will take a high-profile fatal accident to test the ability of prosecutors to hold big companies to account.”
The Guardian, 22nd February 2011
Source: www.guardian.co.uk
“A couple have been reunited with their children after a family court’s decision to separate them was overturned by a judge who criticised the ‘brisk’ nature of the original hearing.”
Daily Telegraph, 22nd February 2011
Source: www.telegraph.co.uk
“A student who suffers from the chronic sleep disorder narcolepsy is to have her case heard by the Court of Appeal in London on Thursday, following a six-year battle against what she perceives to be disability discrimination by her university.”
The Independent, 22nd February 2011
Source: www.independent.co.uk
Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50
“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”
WLR Daily, 21st 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.
“Legislation of a member state which discriminated against portfolio dividends received by a resident company from a company resident in a non member state party to an EEA Agreement, was contrary to the principle of free movement of capital, where that discrimination was based upon a comprehensive agreement of mutual assistance. It was not contrary to article 63FEU of the FEU Treaty for member states to exempt from corporation tax portfolio dividends which one resident company received from another whilst subjecting portfolio dividends which a resident company received from a non member state company party to an EEA Agreement or from a company resident in another member state, provided that the tax was credited against tax payable in the members state of the recipient company and the administrative burdens were not excessive. National legislation which discriminated against dividends received from non member states on the basis of the shareholding held by the recipient company in the non member state company was not contrary to article 63FEU provided the mechanisms in place to off set the charges to tax led to equivalent results.”
WLR Daily, 18th 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.
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