Command Papers – official-documents.gov.uk

Posted July 24th, 2012 in parliamentary papers by sally

Progress on implementing recommendations from 28 Committee of Public Accounts reports (Session 2010-12) and 5 National Audit Office reports, Cm 8387 (PDF)

Source: www.official-documents.gov.uk

Sky’s ‘totally unlimited broadband’ claims not misleading, ASA rules – OUT-LAW.com

Posted July 24th, 2012 in advertising, internet, misrepresentation, news by sally

“A major UK internet service provider’s (ISP’s) claim that it could offer a ‘totally unlimited broadband’ service to customers was not misleading, despite the fact the service would contain ‘inherent limitations’, the Advertising Standards Authority (ASA) has ruled.”

Full story

OUT-LAW.com, 23rd July 2012

Source: www.out-law.com

Draft planning fees regulations laid before Parliament – OUT-LAW.com

Posted July 24th, 2012 in fees, news, planning, regulations by sally

“Draft regulations which propose to allow local planning authorities to increase the fees they charge for planning applications have been laid before Parliament, but the cap on the maximum fees that can be charged remains the same.”

Full story

OUT-LAW.com, 23rd July 2012

Source: www.out-law.com

Judicial robustness and the right to be heard – Halsbury’s Law Exchange

Posted July 24th, 2012 in appeals, news, striking out, trials by sally

“In this age of active case management, judges are rightly expected to take a robust approach to dealing with the cases before them. But sometimes robustness can be taken too far – as illustrated by the Court of Appeal’s recent decision in Labrouche v Frey [2012] EWCA Civ 881, [2012] All ER (D) 33 (Jul).”

Full story

Halsbury’s Law Exchange, 23rd July 2012

Source: www.halsburyslawexchange.co.uk

R v Patel: sentencing offences contrary to the Bribery Act 2010 – Halsbury’s Law Exchange

Posted July 24th, 2012 in appeals, bribery, news, perverting the course of justice, sentencing by sally

“The first prosecution under the Bribery Act 2010 to reach the Court of Appeal has arrived. However, it is perhaps not the high-profile scalp that the proponents of the Act might have wanted. I’m not too sure how much can be taken from the case that is of any wider application but nevertheless, it being ‘a first’, it may be of some interest. In any event the facts of the case are less dry than most.”

Full story

Halsbury’s Law Exchange, 23rd July 2012

Source: www.halsburyslawexchange.co.uk

Phone hacking: mother of murder victim Clare Bernal sues NI – The Guardian

Posted July 24th, 2012 in class actions, interception, news, telecommunications by sally

“The mother of Clare Bernal, who was murdered by a former boyfriend while working at Harvey Nichols, has joined the second wave of alleged victims of News of the World phone hacking suing News International for damages.”

Full story

The Guardian, 23rd July 2012

Source: www.guardian.co.uk

Taxi driver Andrew Flood jailed for Southport murders – BBC News

Posted July 24th, 2012 in alcohol abuse, gambling, murder, news by sally

“A Southport taxi driver with a gambling addiction has been jailed for at least 30 years after admitting murdering two of his elderly passengers.”

Full story

BBC News, 23rd July 2012

Source: www.bbc.co.uk

Clifford Collinge murder: Market Warsop trio found guilty – BBC News

Posted July 24th, 2012 in murder, news by sally

“A woman and two men she met in a pub have been found guilty of the murder of her husband, who died of 46 injuries.”

Full story

BBC News, 23rd July 2012

Source: www.bbc.co.uk

Leveson does not want to impose ‘Ofcom-style’ statutory regulation – The Guardian

Posted July 24th, 2012 in freedom of expression, inquiries, media, news by sally

“Lord Justice Leveson has revealed he will not impose tough Ofcom-style statutory regulation on newspapers, after almost nine months of evidence exposing what the newspaper industry has admitted were ‘appalling’ practices in the press.

Full story

The Guardian, 23rd July 2012

Source: www.guardian.co.uk

Six convicted of insider dealing by FSA – BBC News

Posted July 24th, 2012 in financial regulation, insider dealing, news by sally

“Six people have been convicted of insider dealing in a case brought by the Financial Services Authority.”

Full story

BBC News, 23rd July 2012

Source: www.bbc.co.uk

Laws on gambling outdated, say MPs – BBC News

Posted July 24th, 2012 in gambling, legislation, news, parliament, reports by sally

“Gambling laws are ‘outdated’ and ‘ill-equipped’ to deal with social and technological changes, MPs have said.”

Full story

BBC News, 24th July 2012

Source: www.bbc.co.uk

No IPCC investigation to take place into Dorset landslide deaths – The Independent

Posted July 24th, 2012 in complaints, news, police by sally

” The police watchdog will not investigate the case of an elderly couple who lay dead in their car for up to 10 days following a landslide.”

Full story

The Independent, 23rd July 2012

Source: www.independent.co.uk

Prosecutors to announce decision in phone hacking cases – Daily Telegraph

Posted July 24th, 2012 in interception, media, news, telecommunications by sally

“Former News of the World editor Andy Coulson and private investigator Glenn Mulcaire are among those expected to find out today if they are to be charged in connection with the phone hacking scandal.”

Full story

Daily Telegraph, 24th July 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 23rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

The Trademark Licensing Co Ltd & Anor v Leofelis SA [2012] EWCA Civ 985 (23 July 2012)

Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980 (20 July 2012)

O’Cathail v Transport for London [2012] EWCA Civ 1004 (20 July 2012)

Michael & Ors v South Wales Police & Anor [2012] EWCA Civ 981 (20 July 2012)

Konodyba v Royal Borough of Kensington and Chelsea [2012] EWCA Civ 982 (20 July 2012)

Backhouse v HM Revenue & Customs Prosecution Office [2012] EWCA Civ 1000 (20 July 2012)

High Court (Administrative Court)

Youssef, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 2091 (Admin) (23 July 2012)

William Hill Organization Ltd, R (on the application of) v The Horserace Betting Levy Board & Ors [2012] EWHC 2039 (Admin) (20 July 2012)

AA, R (on the application of) v The Upper Tribunal & Anor [2012] EWHC 1784 (Admin) (19 July 2012)

High Court (Chancery Division)

Revenue and Customs & Anor v Ben Nevis (Holdings) Ltd & Ors [2012] EWHC 1807 (Ch) (20 July 2012)

High Court (Commercial Court)

MRI Trading AG v Erdenet Mining Corporation LLC [2012] EWHC 1988 (Comm) (20 July 2012)

SNCB Holding v UBS AG [2012] EWHC 2044 (Comm) (20 July 2012)

Demco Investment & Commercial SA v Interamerican Life Assurance (International) Ltd & Ors [2012] EWHC 2053 (Comm) (20 July 2012)

High Court (Queen’s Bench Division)

Desmond v Foreman & Ors [2012] EWHC 1900 (QB) (23 July 2012)

KMT & Ors (Chidren) v Kent County Council [2012] EWHC 2088 (QB) (23 July 2012)

Mengi v Hermitage [2012] EWHC 2045 (QB) (20 July 2012)

High Court (Technology and Construction Court)

DPM Property Services Ltd & Ors v Kiani & Ors [2012] EWHC 2056 (TCC) (23 July 2012)

Source: www.bailii.org

Rochdale grooming trial: investigation to focus on victims, not ethnicity, says DPP – Daily Telegraph

“Kier Starmer, the Director of Public Prosecutions, has said that a review into child sexual exploitation would focus on the failure to listen to victims rather than the ethnicity of the perpetrators.”

Full story

Daily Telegraph, 23rd July 2012

Source: www.telegraph.co.uk

Report into cases of Violence Against Women and Girls – Crown Prosecution Service

“The CPS has tried to find ways of assessing the impact it has on improving the safety of the victims in cases of violence against women and girls.”

Full report

Crown Prosecution Service, 23rd July 2012

Source: www.cps.gov.uk

Yolande Waddington: David Burgess sentenced for 1966 murder – BBC News

Posted July 23rd, 2012 in DNA, evidence, murder, news, sentencing by sally

“A convicted child killer has been sentenced to a minimum of 27 years in jail for the murder of a girl in Berkshire 46 years ago.”

Full story

BBC News, 23rd July 2012

Source: www.bbc.co.uk

Pie Optiek SPRL v Bureau Gevers SA and others – WLR Daily

Posted July 23rd, 2012 in domain names, EC law, law reports, trade marks by sally

Pie Optiek SPRL v Bureau Gevers SA and others: Case C-376/11;  [2012] WLR (D)  219

“The third sub-paragraph of article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration meant that, in a situation where the prior right concerned was a trade mark right, the words ‘licensees of prior rights’ did not refer to a person who had been authorised by the proprietor of the trade mark concerned solely to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark, but without that person being authorised to use the trade mark commercially in a manner consistent with its functions.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Mahamdia v People’s Democratic Republic of Algeria – WLR Daily

Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11);  [2012] WLR (D)  218

“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily

Posted July 23rd, 2012 in airlines, consumer protection, EC law, insurance, law reports by sally

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV: (Case C-112/11);  [2012] WLR (D)  217

“The concept of  ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk