Wilkinson v Fitzgerald and Churchill Insurance Company Ltd; Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening – WLR Daily

Posted September 7th, 2012 in EC law, insurance, law reports, negligence, road traffic by sally

Wilkinson v Fitzgerald and Churchill Insurance Company Ltd: Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening: [2012] EWCA Civ 1166: [2012] WLR (D)  260

“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”

WLR daily, 24th August 2012

Source: www.iclr.co.uk

Rahman and Others v Secretary of State for the Home Department – WLR Daily

Posted September 7th, 2012 in EC law, families, freedom of movement, immigration, law reports by sally

Rahman and Others v Secretary of State for the Home Department: Case C-83/11;   [2012] WLR (D)  259

“Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that citizen. It was, however, incumbent upon the member states to ensure that their legislation contained criteria which enabled those persons to obtain a decision on their application for entry and residence that was founded on an extensive examination of their personal circumstances and, in the event of refusal, was justified by reasons.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk

In re Euromaster Ltd – WLR Daily

Posted September 7th, 2012 in administrators, insolvency, law reports, time limits by sally

In re Euromaster Ltd: [2012] EWHC 2356 (Ch);   [2012] WLR (D)  258

“If the appointment of an administrator was made in breach of the restriction in paragraph 28(2) of Schedule B1 to the Insolvency Act 1986, the appointment was irregular, but valid. In the case of an irregular (as opposed to a void) appointment of administrators the position was governed by rule 7.55 of the Insolvency Rules 1986.”

WLR Daily, 10th August 2012

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted September 7th, 2012 in parliamentary papers by sally

Government response to the House of Commons Health Select Committee first report of session 2012-13: education, training and workforce planning, Cm 8435 (PDF)

Source: www.official-documents.gov.uk

Widow jailed for harassing hospital managers over death of husband – Daily Telegraph

Posted September 7th, 2012 in harassment, hospital orders, news, restraining orders, sentencing by sally

“A widow who subjected a hospital manger to a stalking ordeal during a campaign of revenge following the death of her husband has been jailed.”

Full story

Daily Telegraph, 6th September 2012

Source: www.telegraph.co.uk

Fewer youths jailed for knife crimes – Daily Telegraph

Posted September 7th, 2012 in news, offensive weapons, sentencing, statistics, young offenders by sally

“Youths caught carrying knives are less likely to be jailed than a year ago, official figures have shown, putting immediate pressure on the new Justice Secretary to make sentences tougher.”

Full story

Daily Telegraph, 7th September 2012

Source: www.telegraph.co.uk

Briton launches prosecution against terror suspects to prevent extradition – The Guardian

Posted September 7th, 2012 in extradition, news, private prosecutions, terrorism by sally

“A Newcastle businessman who opposes Britain’s extradition agreement with the US has begun a private prosecution against two British terror suspects to prevent them being tried in America.”

Full story

The Guardian, 6th September 2012

Source: www.guardian.co.uk

Judge who said burglary needed ‘courage’ to be investigated – Daily Telegraph

Posted September 7th, 2012 in burglary, complaints, disciplinary procedures, judges, news by sally

“A judge who said burglary needed ‘a huge amount of courage” will be investigated after members of the public contacted the Office for Judicial Complaints to vent their anger at his remarks.”

Full story

Daily Telegraph, 6th September 2012

Soruce: www.telegraph.co.uk

Watchdog rejects Prince Harry photo inquiry – Daily Telegraph

Posted September 7th, 2012 in media, news, privacy, royal family by sally

“The press watchdog announced that it would not be ‘appropriate’ to investigate The Sun’s publication of photographs of a naked Prince Harry because it could breach his privacy.”

Full story

Daily Telegraph, 6th September 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted September 6th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Eli Lilly & Company v Human Genome Sciences, Inc [2012] EWCA Civ 1185 (05 September 2012)

Carey -Morgan & Anor v Sloane Stanley Estate [2012] EWCA Civ 1181 (03 September 2012)

French v Carter Lemon Camerons LLP [2012] EWCA Civ 1180 (03 September 2012)

High Court (Queen’s Bench Division)

McClaren v News Group Newspapers Ltd. [2012] EWHC 2466 (QB) (05 September 2012)

High Court (Administrative Court)

Perry v Nursing and Midwifery Council [2012] EWHC 2275 (Admin) (22 August 2012)

Nursing and Midwifery Council v Walker [2012] EWHC 2437 (Admin) (15 August 2012)

Nursing and Midwifery Council v Pikuda [2012] EWHC 2439 (Admin) (15 August 2012)

Nursing and Midwifery Council v Kirby [2012] EWHC 2436 (Admin) (15 August 2012)

Nursing and Midwifery Council v Oyenuga [2012] EWHC 2444 (Admin) (15 August 2012)

Nursing and Midwifery Council v Brown [2012] EWHC 2438 (Admin) (15 August 2012)

Matin v University College London [2012] EWHC 2474 (Admin) (05 September 2012)

High Court (Commercial Court)

FG Wilson (Engineering) Ltd v John Holt & Company (Liverpool) Ltd [2012] EWHC 2477 (Comm) (05 September 2012)

Source: www.bailii.org

Domestic violence pilot scheme gives women ‘right to know’ – Daily Telegraph

Posted September 6th, 2012 in criminal records, domestic violence, news, pilot schemes by sally

“A pilot scheme known as Clare’s Law, which gives women the ‘right to know’ if a partner has a history of domestic violence, begins today.”

Full story

Daily Telegraph, 6th September 2012

Source: www.telegraph.co.uk

A call to arms – The Bar Council

Posted September 6th, 2012 in barristers, consultations, news, quality assurance by sally

“Call to respond to the fourth consultation on the Quality Assurance Scheme for Advocates; communications between the Bar Council and the Bar; Bar Council elections.”

Full story

The Bar Council, 6th September 2012

Source: www.barcouncil.org.uk

Changes to the Immigration Rules – UK Border Agency

Posted September 6th, 2012 in immigration, news, regulations by sally

“A written ministerial statement has been laid in Parliament today outlining a number of changes to the Immigration Rules.”

Full story

UK Border Agency, 5th September 2012

Source: www.ukba.homeoffice.gov.uk

Theresa May to announce Gary McKinnon extradition decision by October – The Independent

Posted September 6th, 2012 in computer crime, extradition, news by sally

“Home Secretary Theresa May will announce her decision on whether computer hacker Gary McKinnon can be extradited to the United States by October 16, his lawyer said today.”

Full story

The Independent, 6th September 2012

Source: www.independent.co.uk

Privacy protection: have the courts been led astray? – The Guardian

Posted September 6th, 2012 in freedom of expression, injunctions, news, notification, privacy, public interest by sally

“Self-interested tabloids enjoy reporting on the existence of an injunction. We have seen what this unfettered power can lead to.”

Full story

The Guardian, 6th September 2012

Source: www.guardian.co.uk

Calm in a crisis: lawyers and the internet age – Law Society’s Gazette

Posted September 6th, 2012 in internet, law firms, legal profession, media, news by sally

“There are events in the life-cycle of any business that have the potential to snowball into a crisis of unforeseen proportions. It could be a bad set of financial results or a scuppered merger. Or perhaps employee lay-offs, a high-profile desertion to a rival or allegations of misconduct by senior staff. Or it might be a testing issue with a client. But while difficult business decisions may not be avoidable, especially in this tough economic climate, a crisis played out in the media can be managed or averted by taking the right steps.”

Full story

Law Society’s Gazette, 6th September 2012

Source: www.lawgazette.co.uk

Families want pathologist Freddy Patel public inquiry – BBC News

Posted September 6th, 2012 in disciplinary procedures, disqualification, inquiries, news, pathologists by sally

“Four families are calling for a public inquiry into pathologist Freddy Patel, who was struck off following the death of newspaper seller Ian Tomlinson.”

Full story

BBC News, 6th September 2012

Source: www.bbc.co.uk

Sun had public interest in publishing Steve McClaren affair story, says judge – The Guardian

Posted September 6th, 2012 in injunctions, media, news, privacy, public interest by sally

“A high court judge has outlined his reasons for rejecting a privacy injunction sought by former England manager Steve McClaren against the Sun over an extramarital affair.”

Full story

The Guardian, 5th September 2012

Source: www.guardian.co.uk

Couple who shot masked burglars will not be charged – Daily Telegraph

Posted September 6th, 2012 in burglary, firearms, grievous bodily harm, news, self-defence by sally

“A couple arrested after shooting at masked burglars who broke into their isolated cottage will not face charges.”

Full story

Daily Telegraph, 5th September 2012

Source: www.telegraph.co.uk

Planning rules on extensions to be relaxed ‘to boost economy’ – BBC News

Posted September 6th, 2012 in construction industry, housing, news, planning by sally

“The government wants to get planning officers ‘off people’s backs’ with a relaxation of current rules in England.”

Full story

BBC News, 6th September 2012

Source: www.bbc.co.uk