Jack Sutton to pay back £54,000 over rugby injury – BBC News

Posted October 20th, 2011 in appeals, costs, damages, duty of care, news, personal injuries, sport by tracey

“A Nottingham student who was given £54,000 damages after he injured his knee during training at a rugby club has been ordered to pay the money back.”

Full story

BBC News, 20th October 2011

Source: www.bbc.co.uk

 

Justice selections can only be made on merit, says Lord Phillips – The Guardian

Posted October 20th, 2011 in judicial appointments commission, judiciary, lord chancellor, news by tracey

“Judicial selection panels are ‘bending over backwards’ to appoint women and members of ethnic minorities to the bench but selections must ultimately be on merit, Lord Phillips, president of the supreme court, said on Tuesday.”

Full story

The Guardian, 19th October 2011

Source: www.guardian.co.uk

Press regulation should be ‘all inclusive’, says Lord Judge – The Guardian

Posted October 20th, 2011 in complaints, media, news by tracey

“Lord Judge, the Lord Chief Justice, said that Richard Desmond and other newspaper owners should not be allowed to duck out of regulation by a reformed Press Complaints Commission (PCC).”

Full story

The Guardian, 19th October 2011

Source: www.guardian.co.uk

Leigh Clift jailed for life for screwdriver murder – BBC News

Posted October 20th, 2011 in grievous bodily harm, murder, news, sentencing by tracey

“A man convicted of murder when his victim died nine years after he was stabbed in the head with a screwdriver has been jailed for at least six years.”

Full story

BBC News, 20th October 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 20th, 2011 in law reports by tracey

Supreme Court

Kaupthing Singer and Friedlander Ltd, Re [2011] UKSC 48 (19 October 2011)

Davies & Anor, R (on the application of) v Revenue and Customs [2011] UKSC 47 (19 October 2011)

Court of Appeal (Civil Division)

Agard v Westminster Kingsway College [2011] EWCA Civ 1169 (20 October 2011)

Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 (20 October 2011)

Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168 (19 October 2011)

The Financial Services Authority v Sinaloa Gold Plc & Ors [2011] EWCA Civ 1158 (18 October 2011)

Court of Appeal (Criminal Division)

KV & Ors v R. [2011] EWCA Crim 2342 (19 October 2011)

High Court (Chancery Divsion)

Toshiba Carrier UK Ltd & Ors v KME Yorkshire Ltd & Ors [2011] EWHC 2665 (Ch) (19 October 2011)

High Court (Family Division)

S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam) (14 October 2011)

Source: www.bailii.org

FSA told to rethink on legal privilege – Law Society’s Gazette

Posted October 20th, 2011 in financial regulation, judicial review, news, privilege by tracey

“The Financial Services Authority has been urged to review its operating procedures after it was found to have acted unlawfully in its use of legally privileged material during an enforcement investigation.”

Full story

Law Society’s Gazette, 20th October 2011

Source: www.lawgazette.co.uk

Deeds not ‘delivered’ despite signatures, rules High Court – OUT-LAW.com

Posted October 20th, 2011 in documents, guarantees, news, warranties by tracey

“Guarantees and warranties given by the directors of a company did not take effect despite the signing, witnessing and handing over of documents, the High Court has ruled. The documents in question were deeds and the Court said that they had not been ‘delivered.’ ”

Full story

OUT-LAW.com, 20th October 2011

Source: www.out-law.com

In re Kaupthing Singer and Friedlander Ltd – WLR Daily

Posted October 20th, 2011 in administration orders, insolvency, law reports, Supreme Court, surety by tracey

In re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48;  [2011] WLR (D)  297

“The equitable rule which prevented a person sharing in a fund while his debts to the fund were unpaid was trumped by the rule against double proof in a suretyship situation.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same – WLR Daily

Posted October 20th, 2011 in income tax, law reports, Supreme Court by tracey

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same [2011] UKSC 47;  [2011] WLR (D)  296

“In order to gain non-resident status for tax purposes, a person who had left the United Kingdom had to demonstrate a distinct break from his or her previous pattern of life in the UK. Such a test was clear from the ordinary law of residence, and the Inland Revenue guidance booklet IR20 (operative until 2009) did not contain any less stringent test which taxpayers could rely on.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Posted October 20th, 2011 in appeals, damages, financial regulation, injunctions, law reports, undertakings by tracey

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2011] EWCA Civ 1158;  [2011] WLR (D)  295

“When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.”

WLR Daily, 18th october 2011

Source: www.iclr.co.uk

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust – WLR daily

Posted October 20th, 2011 in appeals, assignment, law reports, third parties by tracey

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust [2011] EWCA Civ 1149;  [2011] WLR (D)  294

“A claim for damages for personal injury was a chose in action capable of assignment. The law would not, however, recognise on the grounds of public policy an assignment to a party who did not have sufficient interest to support what would otherwise be a bare right of action.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 20th, 2011 in legislation by tracey

The Crime and Disorder Act 1998 (Responsible Authorities) (Amendment) Order 2011

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2011

The International Renewable Energy Agency (Legal Capacities) Order 2011

The Transfer of Functions (Her Majesty’s Land Registry, the Meteorological Office and Ordnance Survey) Order 2011

The Air Navigation (Amendment) Order 2011

Source: www.legislation.gov.uk

The Role of Judges In The Success of UK PLC – Speech by Mr Justice Vos

Posted October 20th, 2011 in Commercial Court, company law, judiciary, speeches by tracey

“KPMG Lecture, 18th October 2011.”

Full speech

Judiciary of England & Wales, 18th October 2011

Source: www.judiciary.gov.uk

Power cut kills Pembroke nursing home man on ventilator – BBC News

Posted October 20th, 2011 in care homes, electricity lines, health & safety, medical treatment, news by tracey

“A power cut during the night killed a man with muscular dystrophy as nursing home staff were unable to connect a back-up power supply, an inquest heard.”

Full story

BBC News, 19th October 2011

Source: www.bbc.co.uk

Kent Policewoman not guilty of false attack claim – BBC News

Posted October 20th, 2011 in assault, disciplinary procedures, news, police, wasting police time by tracey

“A Kent police officer who was accused of falsely claiming she was attacked while on duty has been cleared of wasting police time.”

Full story

BBC News, 19th October 2011

Source: www.bbc.co.uk

Stem cell reseach thrown into disarray by European patent ruling – Daily Telegraph

Posted October 20th, 2011 in EC law, embryology, medical treatment, news, patents by tracey

“Cutting-edge research into new medical treatments in Britain was thrown into disarray on Tuesday as the highest European court ruled that stem cells from human embryos cannot be patented.”

Full story

Daily Telegraph, 18th October 2011

Source: www.telegraph.co.uk

Former Met police detectives cleared as retrial collapses – The Guardian

Posted October 20th, 2011 in conspiracy, corruption, drug offences, news, police, retrials by tracey

“One of the most significant police anti-corruption cases in modern times collapsed on Wednesday, after two former detectives, who had both served lengthy jail sentences, were cleared at a retrial.”

Full story

The Guardian, 19th October 2011

Source: www.guardian.co.uk

Downing Street brings forward Commons vote on EU referendum – The Guardian

Posted October 20th, 2011 in EC law, news, parliament, referendums by tracey

“Downing Street has brought forward a sensitive House of Commons vote on Europe next week amid fears that Tory MPs were planning to use David Cameron’s absence on an overseas visit to stage a large rebellion.”

Full story

The Guardian, 19th October 2011

Source: www.guardian.co.uk

Liam Fox breached Ministerial Code – The Independent

Posted October 20th, 2011 in ministers' powers and duties, news, reports by tracey

“Liam Fox’s contacts with his self-styled adviser Adam Werritty constituted a clear breach of the Ministerial Code of Conduct, the Cabinet Secretary Sir Gus O’Donnell said today.”

Full story

The Independent, 18th October 2011

Source: www.independent.co.uk

Centuries of open justice threatened by secret courts – The Independent

Posted October 20th, 2011 in intelligence services, international relations, news, private hearings by tracey

“Secret justice looks set to be a regular feature of British courts and tribunals when the intelligence services want to protect their sources of information.  Civil courts, immigration panels and even coroner’s inquests would go into secret session if the Government rules that hearing evidence in public could be a threat to national security. The proposals, which run counter to a centuries-old British tradition of open justice, were introduced to a sparsely attended House of Commons yesterday by the Justice Secretary, Ken Clarke – and met almost no opposition. The planned changes to the British justice system follow lobbying of the Government by the CIA.”

Full story

The Independent, 20th October 2011

Source: www.independent.co.uk