Hacker’s lawyers say publisher is still liable to pay his legal fees – The Independent

Posted August 2nd, 2011 in costs, fees, interception, media, news by sally

“Rupert Murdoch’s News International may have to continue funding the legal defence for the convicted phone hacker Glenn Mulcaire, despite the company’s promise to cut off the funds that have so far allowed him not to name the News of the World executives who commissioned him.”

Full story

The Independent, 1st August 2011

Source: www.independent.co.uk

Arbitration ruling shields London status – The Lawyer

Posted August 2nd, 2011 in arbitration, employment, judgments, London, news by sally

“There was a collective sigh of relief last week as the Supreme Court overturned an appellate court ruling to find that arbitrators cannot be classed as employees and therefore are not subject to UK equality rules.”

Full story

The Lawyer, 1st August 2011

Source: www.thelawyer.com

Consumers should have private rights of redress against unfair business practices, OFT says – OUT-LAW.com

“New laws are needed to give consumers better rights to take private action against businesses that adopt unfair commercial practices, the Office of Fair Trading (OFT) has said.”

Full story

OUT-LAW.com, 1st August 2011

Source: www.out-law.com

Money launderer gets suspended term – The Independent

“A casino worker was sentenced today for laundering thousands of pounds of drug money with her father, police said.”

Full story

The Independent, 1st August 2011

Source: www.independent.co.uk

Neuberger unveils privacy guidance and scheme to monitor injunctions – Legal Week

Posted August 2nd, 2011 in injunctions, judiciary, news, practice directions, privacy by sally

“The use and scope of privacy injunctions will be formally monitored from today (1 August) under a pilot scheme launched by the Master of the Rolls, Lord Neuberger.”

Full story

Legal Week, 1st August 2011

Source: www.legalweek.com

An accessible community legal clinic with a lot on its plate – The Guardian

Posted August 2nd, 2011 in law centres, legal aid, news, pro bono work by sally

“A pro bono clinic is helping clients who have never sought legal advice before – and cuts to legal aid will mean more work still.”

Full story

The Guardian, 1st August 2011

Source: www.guardian.co.uk

Judges could veto plans to count number of injunctions – Daily Telegraph

Posted August 2nd, 2011 in injunctions, judiciary, news, practice directions, privacy by sally

“Judges will be able to veto moves to discover the true scale of injunctions and secret court orders despite a bid for more transparency.”

Full story

Daily Telegraph, 2nd August 2011

Source: www.telegraph.co.uk

Teenage ‘hacker’ appears in court – and creates a new bestseller – The Independent

Posted August 2nd, 2011 in computer crime, news, young offenders by sally

“Shielded from the flashing cameras by a pair of sunglasses and clutching a book entitled Free radicals: The secret anarchy of science, the alleged LulzSec hacker Jake Davis left court yesterday morning after a judge granted him bail.”

Full story

The Independent, 2nd August 2011

Source: www.independent.co.uk

May accused of delaying overhaul of gun laws – The Independent

Posted August 2nd, 2011 in firearms, legislation, licensing, news by sally

“Theresa May, the Home Secretary, was accused last night of resisting calls to tighten gun laws following the shooting spree of Derrick Bird in which 12 people were murdered.”

Full story

The Independent, 2nd August 2011

Source: www.independent.co.uk

7/7 survivors end battle for public inquiry into bombings – The Guardian

Posted August 2nd, 2011 in explosives, inquests, inquiries, news, victims by sally

“Survivors and relatives of those who died in the 7 July bombings have abandoned their legal attempt to force the government to hold a public inquiry into the attacks, acknowledging that proceedings would be likely to be unsuccessful and would cause ‘further unnecessary distress’.”

Full story

The Guardian, 1st August 2011

Source: www.guardian.co.uk

EastEnders cleared over baby swap storyline – BBC News

Posted August 1st, 2011 in complaints, media, news by tracey

“EastEnders’ controversial cot death and baby swap storyline has been cleared by media regulator Ofcom after thousands of complaints.”

Full story

BBC News, 1st August 2011

Source: www.bbc.co.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Posted August 1st, 2011 in law reports, pensions, winding up by tracey

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2011] UKSC 42;  [2011] WLR (D)  267

“Equilibrium of assets and liabilities was not a requirement of the definition of a money purchase pension scheme under section 181 of the Pension Schemes Act 1993.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Hashwani v Jivraj (London Court of International Arbitration and others intervening) – WLR daily

Posted August 1st, 2011 in arbitration, employment, law reports, religious discrimination by tracey

Hashwani v Jivraj (London Court of International Arbitration and others intervening) [2011] UKSC 40;  [2011] WLR (D)  266

“An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators, who were not employees of the arbitrating parties appearing before them. An arbitration clause in a commercial agreement between two members of the Ismaili community requiring that, in the event of a dispute between them, any arbitrators they appointed had to be members of the Ismaili faith was therefore valid and precluded the appointment by one of the parties of a non-Ismaili.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Newtown sex offender Anthony Milsom has sentence cut – BBC News

“A ‘manipulative and predatory’ sex offender who was jailed indefinitely for public protection has had his sentence cut to three-and-a-half years.”

Full story

BBC News, 29th July 2011

Source: www.bbc.co.uk

Cambridgeshire man jailed for sex assaults on girls – BBC News

Posted August 1st, 2011 in child abuse, news, rape, sentencing, sexual offences by tracey

“A man who sexually assaulted a 12-year-old girl and raped a teenager 20 years ago has been jailed for 12 years.”

Full story

BBC News, 29th July 2011

Source: www.bbc.co.uk

Former Livingston MP Jim Devine leaves prison – BBC News

Posted August 1st, 2011 in early release, expenses, fraud, news, parliament, sentencing by tracey

“Former Labour MP Jim Devine has been released from prison after serving a quarter of his 16-month sentence for expenses fraud.”

Full story

BBC News, 1st August 2011

Source: www.bbc.co.uk

Mother who left children in 40C car spared jail – BBC News

Posted August 1st, 2011 in child neglect, community service, news, sentencing by tracey

“A mother who left her three children in a hot car for 45 minutes in Carlisle has been spared jail.”

Full story

BBC New, 1st August 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 1st, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Faith Stewart v Secretary of State for Work and Pensions [2011] EWCA Civ 907 (29 July 2011)

Suckrajh, R (on the application of) v The Asylum & Immigration Tribunal & Anor [2011] EWCA Civ 938 (29 July 2011)

Iqbal v Ahmed [2011] EWCA Civ 900 (29 July 2011)

Hayes v Merseyside Police [2011] EWCA Civ 911 (29 July 2011)

Austin & Ors v Miller Argent (South Wales) Ltd [2011] EWCA Civ 928 (29 July 2011)

Modi & Anor v Clarke [2011] EWCA Civ 937 (29 July 2011)

Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor [2011] EWCA Civ 919 (29 July 2011)

Purely Creative Ltd & Ors v The Office of Fair Trading [2011] EWCA Civ 920 (29 July 2011)

High Court (Administrative Court)

HM Attorney-General v MGN Ltd & Anor [2011] EWHC 2074 (Admin) (29 July 2011)

Secretary of State for the Home Department v CD [2011] EWHC 2087 (Admin) (29 July 2011)

Coates v Crown Prosecution Service [2011] EWHC 2032 (Admin) (29 July 2011)

Bat v The Investigating Judge of the German Federal Court [2011] EWHC 2029 (Admin) (29 July 2011)

Rahmatullah v Secretary of State for Foreign Affairs & Anor [2011] EWHC 2008 (Admin) (29 July 2011)

Kotecha & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2070 (Admin) (29 July 2011)

Cockburn, R (on the application of) v Secretary of State for Health [2011] EWHC 2095 (Admin) (29 July 2011)

High Court (Chancery Division)

Payless Cash & Carry Ltd v Patel & Ors [2011] EWHC 2112 (Ch) (29 July 2011)

Space Airconditioning Plc v Guy Smith Brothers Stores Ltd [2011] EWHC 2107 (Ch) (29 July 2011)

Claridge, Re The Trustee In Bankruptcy of [2011] EWHC 2047 (Ch) (29 July 2011)

LB Re Financing No. 3 Ltd v Excalibur Funding No.1 Plc & Ors [2011] EWHC 2111 (Ch) (29 July 2011)

Multi Veste 226 BV v Ni Summer Row Unitholder BV & Ors [2011] EWHC 2026 (Ch) (29 July 2011)

Winnetka Trading Corp v (Julius Baer International Ltd & Anor [2011] EWHC 2030 (Ch) (29 July 2011)

Favor Easy Management Ltd & Anor v Wu (aka Lisa Wu) & Ors [2011] EWHC 2017 (Ch) (29 July 2011)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 2043 (Ch) (29 July 2011)

High Court (Commercial Court)

Dunavant Enterprises Incorporated v Olympia Spinning & Weaving Mills Ltd [2011] EWHC 2028 (Comm) (29 July 2011)

Playup Interactive Entertainment (UK) Pty Ltd v Givemefootball Ltd [2011] EWHC 1980 (Comm) (28 July 2011)

High Court (Queen’s Bench Division)

Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) (01 August 2011)

Mitton & Ors v Benefield & Anor [2011] EWHC 2098 (QB) (01 August 2011)

Al- Amoudi v Kifle [2011] EWHC 2037 (QB) (29 July 2011)

The Lord Chancellor v Alexander Johnson & Co Solicitors & Anor [2011] EWHC 2113 (QB) (29 July 2011)

Source: www.bailii.org

Current Awareness Survey

Posted August 1st, 2011 in news by sally

In May of this year we re-designed the Current Awareness blog and we are eager to get readers’ feedback on the new design as well as the service in general. We would be grateful if you could take a few minutes to complete a short survey.

https://www.surveymonkey.com/s/6VTRKWW

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others – WLR Daily

Posted August 1st, 2011 in assignment, covenants, law reports, leases by tracey

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904;  [2011] WLR (D)  265

“Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995 because it frustrated the operation of section 24(2) of that Act, by which the original tenant’s guarantor was released from his obligation on the assignment of the tenancy. Similarly, a contractual arrangement contained in a later document, for instance, a renewal obligation imposed on a guarantor of an assignee’s liabilities in an assignment or a licence to assign, would be invalid.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk