Advice line for judges is not as silly as it sounds – The Times

Posted April 12th, 2007 in judges by sally

“There must be many who read Francis Gibb’s article Advice line is set up for lonely judges in The Times on March 26 and thought it was a case of our “touchy-feely” society reaching new heights, or depths. Certainly the wry editorial in the same edition did not take it too seriously and one can understand why. How could those who are often accused of causing depression and misery to others be worthy of a helping hand themselves?”

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The Times, 12th April 2007

Source: www.timesonline.co.uk

Job and pay victory in age discrimination case – The Times

Posted April 12th, 2007 in age discrimination, news by sally

“A 66-year-old health worker sacked the day before new age discrimination regulations came into force has won her job back, it was revealed today.”

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The Times, 12th April 2007

Source: www.timesonline.co.uk

Beyond reasonable doubt – The Guardian

Posted April 12th, 2007 in juries, rape, special report by sally

“Less than six per cent of all rapes reported to the police result in conviction, and juries are often blamed for letting rapists walk free. So what’s it like to sit on a jury at a rape trial? An anonymous juror offers his unique insight.” 

Full story

The Guardian, 12th April 2007

Source: www.guardian.co.uk

Bentinck v. Bentinck – Times Law Reports

Posted April 12th, 2007 in conflict of laws, law reports, stay of proceedings by sally

Staying proceedings to save costs

Bentinck v. Bentinck

Court of Appeal

“Even when there was no error in a first-instance judgment in a family case concerning conflict of laws, it was not only open to the Court of Appeal, but incumbent upon it to avoid any further wastage of costs and stay the English proceedings until the foreign court had decided whether it was first seised of the matter.”

The Times, 12th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Regina v. Hardy – Times Law Reports

Posted April 12th, 2007 in computer crime, law reports, police, sentencing by sally

Jail for unlawful computer access

Regina v. Hardy

Court of Appeal

“Police officers had to realise that accessing the police national computer for an improper purpose was an offence that required an immediate prison sentence.”

The Times, 12th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hammerton v. Hammerton – Times Law Reports

Posted April 12th, 2007 in committals, contact orders, law reports by sally

Committal hearing should be separate from contact case

Hammerton v. Hammerton

Court of Appeal 

“It was not appropriate to hear contact proceedings at the same time as committal proceedings.”

The Times, 12th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Rice and another v. Secretary of State for Trade and Industry and another – WLR Daily

Posted April 12th, 2007 in duty of care, health & safety, law reports by sally

Rice and another v. Secretary of State for Trade and Industry and another  

“The Secretary of State for Trade and Industry as statutory successor to the obligations of the National Dock Labour Board owed a common law duty of care to dock workers who had contracted asbestos related illnesses from unloading cargoes of asbestos.”

WLR Daily, 4th April 2007

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.

Official Receiver v. Hollens – WLR Daily

Posted April 12th, 2007 in insolvency, law reports, partnerships by sally

Official Receiver v. Hollens [2007] EWHC 753 (Ch)

“Subsections 303(2A) to (2C) of the Insolvency Act 1986 conferred upon the court the power to direct that the affairs of a partnership be wound up and its property administered as if the debtors had themselves presented a joint petition, even though they had not, so long as the partnership was insolvent and the order sought was one that could have been made had the individual members presented the joint petition.”

WLR Daily, 4th April 2007

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.

Hickling v. Baker – WLR Daily

Posted April 12th, 2007 in committals, insolvency, law reports by sally

Hickling v. Baker [2007] EWCA Civ 287

“An application for a committal order under s 364 of the Insolvency Act 1986 where an undischarged bankrupt failed to co-operate with the trustee in bankruptcy should normally be made on notice, unless a statutory provision provided otherwise. Any other exception to that practice had to be justified by evidence. Further, any committal order made without notice should require that, once arrested, the person in question should be brought promptly before the court for a hearing in order to comply with art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th April 2007

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.

Trading Standards officers become copyright enforcers – OUT-LAW.com

Posted April 12th, 2007 in copyright, news by sally

“Trading Standards officers are now empowered to enter premises and seize goods and documents they believe to be involved in copyright infringement, now that changes to the Copyright, Designs and Patents Act have come into force.” 

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OUT-LAW.com, 11th April 2007

Source: www.out-law.com

K v. X School and Another – Times Law Reports

Posted April 11th, 2007 in disability discrimination, education, law reports by sally

Limit to school’s special needs duty

K v. X School and Another 

“A school was not discriminating against an incontinent paraplegic pupil in the provision of education or associated services when it refused to clean and change him following a bowel accident.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

In re E (a Child): Special guardianship order – Times Law Reports

Posted April 11th, 2007 in change of name, grandparents, guardianship, law reports by sally

Child’s emotional identity needs supersede grandparents’ wishes

In re E (a Child): Special guardianship order

Court of Appeal 

“The power to order a child, subject to a special guardianship order, to be known by a new surname should not be exercised by the court if it would interfere with the child’s emotional identity needs.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (AM (Cameroon)) v. Asylum and Immigration Tribunal – Times Law Reports

Posted April 11th, 2007 in immigration, judicial review, law reports by sally

Judicial review available as well as statutory review

Regina (AM (Cameroon)) v. Asylum and Immigration Tribunal 

Court of Appeal

“In exceptional circumstances, judicial review was available to challenge an immigration judge’s decision even though a final statutory review procedure existed.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

One third of people will resist ID checks, Government predicted – OUT-LAW.com

Posted April 11th, 2007 in identity cards, news by sally

“One in three people will resist identity checks according to Government figures. The just-released statistics predict a widespread revolt over identity cards, but the Home Office has dismissed the figures as irrelevant and out of date.”

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OUT-LAW.com, 11th April 2007

Source: www.out-law.com

Ministers rule out emulating America’s hardline ‘Megan’s Law’ – The Independent

Posted April 11th, 2007 in child abuse, news by sally

“The introduction of a British version of ‘Megan’s Law’, giving communities the automatic right to know about paedophiles living locally, has been ruled out by the Government. Parents will only have the right to information about convicted sex offenders in their neighbourhoods in specific circumstances, such as when a single mother has suspicions about a new partner.”

Full story

The Independent, 11th April 2007

Source: www.independent.co.uk

Hindus may win right to open-air creamations – The Times

Posted April 10th, 2007 in burials and cremation, news by sally

“The open-air burning of human corpses may be permitted across Britain after a religious charity won a significant victory in its campaign to legalise traditional Hindu funerals. ”

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The Times, 10th April 2007

Source: www.timesonline.co.uk

Woman loses fight to have ex-boyfriend’s baby – The Times

Posted April 10th, 2007 in embryology, human rights, news by sally

“A woman who was left infertile after cancer therapy has lost her five year fight to be allowed to have fertility treatment using frozen embryos from her ex-boyfriend after he objected.”

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The Times, 10th April 2007

Source: www.timesonline.co.uk

Is being a lawyer more stressful than it used to be? – The Times

Posted April 10th, 2007 in legal profession by sally

“Much has been said about the importance of a ‘work-life balance’, but how far has the profession come in actually achieving it? Last month, The Times reported on the establishment of a helpline for stressed judges, who are finding themselves increasingly isolated and struggling to cope. The arduous working hours of associates at leading City firms has been exhaustively reported. But what of senior lawyers, the partners and silks – are they finding working in the law more stressful?”

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The Times, 10th April 2007

Source: www.timesonline.co.uk

Barristers may be graded on quality – The Times

Posted April 10th, 2007 in advocacy, barristers, news by sally

“Incompetent barristers whose courtroom advocacy falls below par will be referred by judges and colleagues to a ‘remedial’ panel to bring them up to scratch, under measures proposed today. The Bar Council is also proposing a grading scheme to grade barristers who do legal aid work according to proficiency and experience.”

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The Times, 10th April 2007

Source: www.timesonline.co.uk

Maintaining excellence in advocacy – Bar Council consults on quality assurance – The Bar Council

Posted April 10th, 2007 in advocacy, barristers, consultations by sally

“A package of measures, designed to assure the quality of courtroom advocacy, has been put out for consultation by the Bar Council, which represents 14,000 barristers in England and Wales.”

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The Bar Council, 10th April 2007

Source: www.barcouncil.org.uk