Transfer err – The Lawyer

Posted July 3rd, 2007 in insolvency, special report, transfer of undertakings by sally

“Far from improving matters for insolvent companies, the new Tupe rules have just muddied the waters. By Andrew Gregory.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

Landmark takes both sides as Court of Appeal rules on CSA issue – The Lawyer

Posted July 3rd, 2007 in child support, news by sally

“Landmark Chambers found itself on both the winning and losing sides of a Court of Appeal legal tussle that resulted in a ruling that the Child Support Agency (CSA) does not owe a duty of care in how maintenance payments are assessed.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

Solicitors’ Code of Conduct in post-makeover launch – The Lawyer

Posted July 3rd, 2007 in news, professional conduct, solicitors by sally

“The new Solicitors’ Code of Conduct was unleashed on the legal profession yesterday (1 July) after five years in the making.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

All you need is the bare minimum – The Times

Posted July 3rd, 2007 in costs, fees, legal profession by sally

“A response to Sir Hugh Laddie’s recently published article, ‘Why does it cost so much to go to court?’ ”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Related: A legal system we can’t afford

Legal leaders welcome representatives in new PM’s cabinet – The Lawyer

Posted July 3rd, 2007 in attorney general, lord chancellor, Ministry of Justice, news by sally

“The appointments of Jack Straw as secretary of state for justice and Baroness Scotland QC as attorney general by Prime Minister Gordon Brown has been broadly welcomed by the legal profession.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

Prosecutors accused failure in Kiyan trial – Daily Telegraph

Posted July 3rd, 2007 in juries, murder, news by sally

“A catastrophic failure by prosecutors prevented a jury in the Kiyan Prince murder trial hearing key evidence that the young footballer’s killer had allegedly threatened to stab a girl, according to a judge.”

Full story

Daily Telegraph, 3rd July 2007

Source: www.telegraph.co.uk

Lockerbie bomber granted second legal appeal – The Times

Posted July 3rd, 2007 in miscarriage of justice, murder, news, Scotland by sally

“A former Libyan intelligence officer found guilty of the 1988 Lockerbie bombing was given permission today to launch a second appeal against his conviction.”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Two admit inciting terrorist acts

Posted July 2nd, 2007 in incitement, news, terrorism by michael

“Two men have admitted inciting terrorist attacks against non-Muslims on websites and in e-mails.”

Full story

BBC News, 2nd July 2007

Source: www.bbc.co.uk

Teenager guilty of Kiyan Prince murder

Posted July 2nd, 2007 in murder, news by michael

“A 17-year-old boy was today convicted at the Old Bailey of murdering talented young footballer Kiyan Prince last May.”

 Full story

Guardian, 2nd July 2007

Source: www.guardian.co.uk

Peace pair ‘stopping war crime’ – BBC News

Posted July 2nd, 2007 in conspiracy, criminal damage, news, war crimes by michael

Two anti-war campaigners who broke into an RAF base in Gloucestershire said they were acting to stop a war crime. ”

Full story

BBC News, 2nd July 2007 

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 2nd, 2007 in law reports by michael

Court of Appeal (Civil Division)

Cayzer v Beddow [2007] EWCA Civ 644 (29 June 2007)

Beckett Investment Management Group Ltd & Ors v Hall & Ors [2007] EWCA Civ 613 (28 June 2007)

Hall & Anor v The First Secretary of State [2007] EWCA Civ 612 (28 June 2007)

Secretary of State for Trade and Industry v Mackie [2007] EWCA Civ 642 (28 June 2007)

South Tyneside Metropolitan Borough Council v Anderson & Ors [2007] EWCA Civ 654 (28 June 2007)

OSS Group Ltd, R (on the application of) v Environment Agency & Ors [2007] EWCA Civ 611 (28 June 2007)

White v Greensand Homes Ltd & Anor [2007] EWCA Civ 643 (28 June 2007)

RJM, R (on the application of) v Secretary of State for Work and Pensions [2007] EWCA Civ 614 (28 June 2007)

Horvath, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2007] EWCA Civ 620 (28 June 2007)

RAP v Serial No. 52/2006 & Ors [2007] EWCA Civ 616 (27 June 2007)

Murphy v Gooch [2007] EWCA Civ 603 (27 June 2007)

Gilby v City of Westminster [2007] EWCA Civ 604 (27 June 2007)

Steadman-Byrne v Amjad & Ors [2007] EWCA Civ 625 (27 June 2007)

Revenue and Customs v Thorn Baker Ltd & Ors [2007] EWCA Civ 626 (27 June 2007)

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2007] EWCA Civ 622 (27 June 2007)

Shala & Anor v Birmingham City Council [2007] EWCA Civ 624 (27 June 2007)

ZK & Anor (Afghanistan), R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 615 (27 June 2007)

Bennett, R (on the application of) v HM Coroner for Inner South London & Ors [2007] EWCA Civ 617 (26 June 2007)

Associated Newspapers Ltd. v Keith Burstein [2007] EWCA Civ 600 (22 June 2007)

Pozzoli Spa v BDMO SA & Anor [2007] EWCA Civ 588 (22 June 2007)

Source: www.bailii.org

New law will criminalise possession of extreme porn – OUT-LAW.com

Posted July 2nd, 2007 in news, pornography by michael

“The Government has published a new law which will criminalise extreme pornography. The Government first indicated that it would criminalise the possession of violent pornography two years ago.”

Full story

OUT-LAW.com, 2nd July 2007

Source: www.out-law.com

Uncle gets life for Casey murder – BBC News

Posted July 2nd, 2007 in murder, news, rape, sentencing by michael

“A man has been jailed for life after admitting the rape and murder of his two-year-old niece in Leeds.”

Full story 

BBC News, 2 July 2007

Source: www.bbc.co.uk

In re S (Omission from judgment: Duty of counsel) – Times Law Reports

Posted July 2nd, 2007 in appeals, barristers, judgments, law reports by sally

Counsel’s duty on judge’s omissions

In re S (Omission from judgment: Duty of counsel)

Court of Appeal

“Counsel had a duty to point out to a judge any omissions in his judgment so that the matter could be dealt with there and then. It was not appropriate to rely on the alleged omission to seek leave to appeal.”

The Times, 2nd July 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. Tirnaveanu – Times Law Reports

Posted July 2nd, 2007 in bad character, law reports by sally

Admitting previous misconduct

Regina v. Tirnaveanu

Court of Appeal (Criminal Division)

“Evidence of misconduct by a defendant was admissible at trial if it had some nexus with the offences charged.”

The Times, 2nd July 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.

Ordre des barreaux francophones et germanophones and Others v. Conseil des Ministres (Conseil des barreaux de l’Union europeénne and Ordre des avocats du barreau de Liège, interveners) – Times Law Reports

Posted July 2nd, 2007 in EC law, law reports, legal profession, money laundering by sally

Obligation on lawyers to help combat money laundering

Ordre des barreaux francophones et germanophones and Others v. Conseil des Ministres (Conseil des barreaux de l’Union europeénne and Ordre des avocats du barreau de Liège, interveners) Case C-305/05

Court of Justice of the European Communities

“Advice and assistance given by lawyers in financial and real estate transactions that had no link with judicial proceedings were not exempt from the duty to cooperate in combating money laundering.”

The Times, 2nd July 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.

R (RJM) v. Secretary of State for Work and Pensions – WLR Daily

Posted July 2nd, 2007 in homelessness, human rights, law reports, social security by sally

R (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614 

“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th June 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 sumamry is removed.

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening – WLR Daily

Posted July 2nd, 2007 in EC law, law reports, waste by sally

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening [2007] EWCA Civ 611

“A lubricating oil which was collected after use and processed into fuel oil for burning, could as a matter of law cease to be waste before it was burnt as fuel for the purposes of Council Directive 2006/12/EC (‘the Waste Framework Directive’).”

WLR Daily, 28th June 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.

White v. Greensand Homes Ltd. and another – WLR Daily

Posted July 2nd, 2007 in civil procedure rules, law reports, pleadings by sally

White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643

“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”

WLR Daily, 28th June 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.

One in four lawyers wants to change jobs – The Times

Posted July 2nd, 2007 in legal profession, news by sally

“Almost a quarter of lawyers want to leave the profession because of stress and long hours, according to a survey published this week.”

Full story

The Times, 2nd July 2007

Source: www.timesonline.co.uk