BAILII: Recent Decisions

Posted April 26th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Bond v Dunster Properties Ltd & Ors [2011] EWCA Civ 455 (21 April 2011)

High Court (Technology and Construction Court)

Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1035 (TCC) (19 April 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 26th, 2011 in legislation by sally

The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011

The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011

The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2011

The Public Health Wales National Health Service Trust (Membership and Procedure) (Amendment) Regulations 2011

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2011

The Wireless Telegraphy (Licence Charges) Regulations 2011

Source: www.legislation.gov.uk

Clementi Debate: ‘Does CPD make better barristers?’ – Bar Standards Board

Posted April 26th, 2011 in barristers, continuing professional development, news by sally

“In anticipation of our consultation on Continuing Professional Development and the joint review of legal education, this year’s Clementi Debate will be discussing the future of CPD for barristers in the context of professional training as a whole.”

Full story

Bar Standards Board, 21st April 2011

Source: www.barstandardsboard.org.uk

Redcard Ltd and others v Williams and others – WLR Daily

Posted April 26th, 2011 in appeals, company law, contracts, doctors, law reports by sally

Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145

“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”

WLR Daily, 20th April 2011

Source: www.iclr.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 Bankers’ Association v Financial Services Authority and another – WLR Daily

Posted April 26th, 2011 in banking, compensation, financial regulation, insurance, law reports by sally

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 2011

Source: www.iclr.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.

Bribery Act could disadvantage UK firms, warns Lord Goldsmith – Daily Telegraph

“The Bribery Act could unfairly prejudice British companies after key aspects of it were watered down by the Ministry of Justice, according to former Attorney General Lord Goldsmith.”

Full story

Daily Telegraph, 25th April 2011

Source: www.telegraph.co.uk

LSB publishes literature review of legal needs – Legal Services Board

“The LSB has conducted a review of existing research literature into the needs of different groups of legal services consumers. The review summarises the legal needs of a variety of different groups, their methods of accessing legal services and where their needs are not met. The review helps to identify gaps in existing research and will be used to target our future research programme.”

The Legal Needs of Consumer Groups (PDF)

Legal Services Board, 21st April 2011

Source: www.legalservicesboard.org.uk

Legal education’s oversupply is unethical – The Lawyer

Posted April 26th, 2011 in legal education, news, solicitors by sally

“Too many people are looking to become solicitors in England and Wales. This is not an opinion, it is a fact based on the most recent annual report from the Law Society.”

Full story

The Lawyer, 25th April 2011

Source: www.thelawyer.com

Public will be ‘barred’ from justice in legal aid reform, warn lawyer group – Daily Telegraph

Posted April 26th, 2011 in education, hospitals, judicial review, legal aid, local government, news by sally

“The public will be effectively barred from fighting incompetent doctors and councils in the courts under plans to cut legal aid, the body representing lawyers warned yesterday.”

Full story

Daily Telegraph, 21st April 2011

Source: www.telegraph.co.uk

Prisoners sign up for law degrees – The Guardian

Posted April 26th, 2011 in legal education, news, rehabilitation, solicitors by sally

“Legal degrees are proving popular with prisoners and ex-convicts – but can they ever become solicitors?”

Full story

The Guardian, 25th April 2011

Source: www.guardian.co.uk

Private prisons illegally restrain children – The Independent

Posted April 26th, 2011 in children, detention, news, prisons, restraint, young offenders by sally

“Juveniles in private prisons are at risk of serious injury or death through the use of illegal restraints, according to research by the penal reform charity the Howard League.”

Full story

The Independent, 25th April 2011

Source: www.independent.co.uk

Calls for Ministry of Justice to reveal number of gagging orders – Daily Telegraph

Posted April 26th, 2011 in injunctions, news, privacy by sally

“A senior MP has demanded the Ministry of Justice reveals how many gagging orders have been granted by the courts amid growing concern that they are becoming too widespread.”

Full story

Daily Telegraph, 22nd April 2011

Source: www.telegraph.co.uk

From oversubscribed to undermanned: are we facing a shortage of lawyers? – The Guardian

Posted April 26th, 2011 in legal profession, news, solicitors by sally

“Since the Law Society’s 2009 warning that the profession was oversubscribed student numbers have fallen, possibly too far.”

Full story

The Guardian, 22nd April 2011

Source: www.guardian.co.uk

Judge raps care ‘failures’ in paedophile case – The Independent

“A High Court judge investigating a mother with learning difficulties whose children became victims of a dangerous paedophile has strongly condemned the way the case was handled by a county’s social services.”

Full story

The Independent, 21st April 2011

Source: www.independent.co.uk

Privacy law should be made by MPs, not judges, says David Cameron – The Guardian

Posted April 26th, 2011 in human rights, injunctions, news, privacy by sally

“The prime minister has waded into the debate on the use of superinjunctions by the rich and famous to avoid allegations of scandal, declaring that parliament and not the courts should decide where the right to privacy begins.”

Full story

The Guardian, 21st April 2011

Source: www.guardian.co.uk

Easter Break

Posted April 21st, 2011 in news by sally

There will be no posts over the Easter weekend (Friday 22nd – Monday 25th inclusive) during which time the Library will be closed. We will resume posting on Tuesday 26th April.

Recent Statutory Instruments – legislation.gov.uk

Posted April 21st, 2011 in legislation by sally

The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011

The Road Safety Act 2006 (Commencement No. 7) Order 2011

Source: www.legislation.gov.uk

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Posted April 21st, 2011 in appeals, disability discrimination, housing, law reports by sally

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 2011

Source: www.iclr.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 (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another – WLR Daily

Posted April 21st, 2011 in appeals, education, law reports by sally

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another [2011] EWCA Civ 433; [2011] WLR (D) 142

“The Archbishop of Westminster had an unfettered discretion to appoint who he wished as a foundation governor of a Roman Catholic school in his diocese provided the School Governance (Constitution) (England) Regulations 2007 were complied with, and that included appointing his diocesan director of education as a governor at the school. The requirement in regulation 18 that two of the foundation governors should at the time of their appointment be eligible for election or appointment as parent governors was fulfilled by the presence on the existing governing body of two foundation governors who had been so eligible when they were appointed.”

WLR Daily, 14th April 2011

Source: www.iclr.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.

ETK v News Group Newspapers Ltd – WLR Daily

Posted April 21st, 2011 in appeals, children, human rights, injunctions, law reports, privacy by sally

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 2011

Source: www.iclr.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.