Royds LLP v Pine – WLR Daily

Posted January 7th, 2013 in appeals, law reports, oral hearings, practice directions by sally

Royds LLP v Pine [2012] EWCA Civ 1734; [2012] WLR (D) 395

“Where a litigant was entitled to a hearing of a renewed application for permission to appeal to the High Court but for good reason was unable to attend court, listing the application for consideration on the papers before another judge was a proper course to take. In an appropriate case the court had power to dispense with an oral hearing and to determine the matter on the papers, or to proceed with an oral hearing and give judgment in the applicant’s absence.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Geys v Société Générale, London Branch – WLR Daily

Posted January 7th, 2013 in appeals, contract of employment, dismissal, law reports by sally

Geys v Société Générale, London Branch [2012] UKSC 63; [2012] WLR (D) 394

“An immediate and express repudiation of a contract of employment only terminated the contract if and when the other party elected to accept the repudiation.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another – WLR Daily

Posted January 7th, 2013 in appeals, deportation, immigration, judicial review, law reports, proportionality by sally

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another [2012] EWCA 1718; [2012] WLR (D) 393

“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Football Association Premier League Ltd v QC Leisure and others – WLR Daily

Posted January 7th, 2013 in copyright, EC law, interpretation, law reports, sport, telecommunications by sally

Football Association Premier League Ltd v QC Leisure and others [2012] EWCA Civ 1708; [2012] WLR (D) 392

“Section 72(1)(c) of the Copyright, Designs and Patents Act 1988, as amended, which provided, inter alia, that the showing or playing in public of a broadcast to an audience who had not paid for admission to the place where the broadcast was to be seen or heard did not infringe any copyright in any film included in it, provided a defence to the act of communicating a film included in a broadcast to the public, which would otherwise be an act restricted by copyright under section 20 of the Act.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Posted January 7th, 2013 in appeals, contracts, damages, defective goods, law reports, quality assurance, sale of goods, ships by sally

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

More justice dispensed via video – Ministry of Justice

Posted January 7th, 2013 in evidence, live link evidence, news, police, witnesses by sally

“Communities across the country will be benefitting from swift and effective justice as thousands more court appearances will take place via video-link technology, Justice and Policing Minister Damian Green said today [3 January].”

Full story

Ministry of Justice, 3rd January 2013

Source: www.justice.gov.uk

Finance and Divorce January Update – Family Law Week

Posted January 7th, 2013 in appeals, data protection, dispute resolution, divorce, expert witnesses, family courts, financial provision, homosexuality, marriage, news, pensions by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

Courtroom Drama – BBC Unreliable Evidence

Posted January 7th, 2013 in legal profession, legal services, news, theatre by sally

“Following the return of Rumpole to Radio 4, Clive Anderson and his guests discuss how accurately the legal world is depicted in stage and screen dramas. And they discuss the issues which arise when the distinctions between fiction and fact – between Rumpole and reality – become blurred in the public’s mind.”

Listen

BBC Unreliable Evidence, 29th December 2012

Source: www.bbc.co.uk

How the workplace will change in 2013 – OUT-LAW.com

Posted January 7th, 2013 in contract of employment, employment, employment tribunals, equality, flexible working, internet, news, paternity leave, pensions, shareholders by sally

“What changes can workers expect from their employers in the coming year? Employment law expert Edward Goodwyn of Pinsent Masons, the law firm behind Out-Law.com, looks ahead to some significant changes.”

Full story

OUT-LAW.com, 4th January 2013

Source: www.out-law.com

‘Terrorists’ favourite bookseller’ has conviction quashed – Daily Telegraph

Posted January 7th, 2013 in appeals, incitement, news, terrorism by sally

“A man once described as the ‘terrorists’ favourite bookseller’ has had his conviction for selling books about Jihad quashed.”

Full story

Daily Telegraph, 5th January 2013

Source: www.telegraph.co.uk

Keep new police commissioners at arm’s length, magistrates warned – The Guardian

Posted January 7th, 2013 in codes of practice, judges, judiciary, magistrates, news, police by sally

“A senior judge has warned magistrates to maintain their distance from police and crime commissioners (PCCs), in the latest demonstration of unease about the recently elected new posts.”

Full story

The Guardian, 5th January 2013

Source: www.guardian.co.uk

Bang to human rights – The Lawyer

Posted January 7th, 2013 in human rights, judicial review, legal aid, legislation, news, reports by sally

“On the one hand the former Lord Chancellor Ken Clarke declared London’s courts to be among the best of British exports, while on the other the Ministry of Justice (MoJ) tore up the legal aid budget. Then there was the proposed crackdown on judicial reviews, while the personal injury sector has seen its business model declared dead, with no detail on an alternative forthcoming.”

Full story

The Lawyer, 7th January 2013

Source: www.thelawyer.com

DIY divorces set to surge as legal aid vanishes – The Independent

Posted January 7th, 2013 in budgets, dispute resolution, divorce, legal aid, litigants in person, news by sally

“On the eve of ‘D-Day’ – that’s Divorce Day, the first Monday back to work after the festive period, when warring couples are more likely to register for a divorce – lawyers warn that tens of thousands of people could find splitting up harder and more costly this year. And the number of those turning to ‘DIY divorce kits’ is expected to surge.”

Full story

The Independent, 6th January 2012

Source: www.independent.co.uk

Criminals should spend longer in jail, says Chris Grayling – The Guardian

Posted January 7th, 2013 in budgets, early release, news, prisons, sentencing by sally

“Criminals should spend longer in jail and not be automatically released after serving half their sentence, the justice secretary has said.”

Full story

The Guardian, 5th January 2013

Source: www.guardian.co.uk

Court of Protection approves arrangements for safeguarding Article 8 rights of detained man – UK Human Rights Blog

Posted January 7th, 2013 in care homes, Court of Protection, detention, human rights, mental health, news by sally

“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”

Full story

UK Human Rights Blog, 7th January 2013

Source: www.ukhumanrightsblog.com

Serial offenders escaping tough penalties at record rate – Daily Telegraph

Posted January 7th, 2013 in cautions, news, recidivists, sentencing by sally

“The worst serial offenders are being let off with cautions at a record rate as thousands avoid tough penalties every year, the Daily Telegraph can disclose.”

Full story

Daily Telegraph, 6th January 2013

Source: www.telegraph.co.uk

Special report: Female genital mutilation – unreported, ignored and unpunished – The Independent

Posted January 7th, 2013 in female genital mutilation, news, prosecutions by sally

“The failure to punish anyone for carrying out female genital mutilation (FGM) in almost a decade since Labour introduced a new law designed to stamp out the practice is forcing prosecutors to seek alternative methods to tackle the problem. The Government was facing growing criticism from campaigners after an Independent on Sunday investigation into the horrifying practice known as ‘cutting’, in which the genitals of women and girls are severed by unqualified people in the belief it will preserve the girl’s virginity.”

Full story

The Independent, 6th January 2013

Source: www.independent.co.uk

Fair access to the legal profession – The Guardian

Posted January 7th, 2013 in diversity, law firms, legal education, legal profession, news by sally

“City law firms are exploring ways to remove barriers that prevent students from lower-income backgrounds pursuing a career in law.”

Full story

The Guardian, 5th January 2013

Source: www.guardian.co.uk

Christmas Break

Posted December 21st, 2012 in news by sally

There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 2pm on 21st December. We will resume posting on 7th January 2013.

Happy Christmas!

 

High Court blocks US drone intelligence case – BBC News

Posted December 21st, 2012 in disclosure, intelligence services, news, weapons by sally

“The High Court has rejected an attempt by a Pakistani man to force the UK government to reveal if it is providing intelligence for US drone strikes.”

Full story

BBC News, 21st December 2012

Source: www.bbc.co.uk