Delaney v Pickett and another – WLR Daily
Delaney v Pickett and another; [2011] EWCA Civ 1532; [2011] WLR (D) 390
“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily
Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574; [2011] WLR (D) 39
“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily
Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579; [2011] WLR (D) 392
“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
Padden v Bevan Ashford (a firm) – WLR Daily
Padden v Bevan Ashford (a firm); [2011] EWCA Civ 1616; [2011] WLR (D) 393
“A solicitor who certified in a mortgage that a client had been given appropriate legal advice about the mortgage and, to the best of his knowledge, had understood the effect of the mortgage and was not acting under undue influence or a misrepresentation, was under an obligation to have advised that client or to have taken steps to satisfy himself that she had been properly advised on those matters. His obligation went well beyond simply advising her not to sign documents disadvantageous to her.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
Michael Todd QC on UK legal services – Ministry of Justice
“Michael Todd QC, the Chairman of the Bar Council, explains why we have a legal services sector to be proud of and why he believes we can all invest in its future.”
Ministry of Justice, 4th January 2012
Source: www.justice.gov.uk
Why Stephen Lawrence killers were sentenced as juveniles and under old law – UK Human Rights Blog
“There has been surprise, from the Daily Mail amongst others that Dobson and Norris, now in their mid-30s, were sentenced as juveniles. Curiously, they have also been sentenced under historic law dating back to around 1993, which means they cannot be sentenced under harsh new guidance for racially aggrevated crimes.”
UK Human Rights Blog, 4th January 2012
Source: http://ukhumanrightsblog.com/
Consultation opens on separate jurisdiction for Wales – Law Society’sWelsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality – Law Society’s Gazette
“Welsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality.”
Law Society’s Gazette, 4th January 2011
Source: www.lawgazette.co.uk
Microsoft to sue Comet over ‘fake’ Windows discs – The Guardian
“Microsoft is to sue UK electronics retailer Comet for making tens of thousands of allegedly unauthorised CDs for its Windows operating system and selling them to customers. The US computing giant has issued proceedings against Comet for allegedly creating more than 94,000 counterfeit ‘recovery discs’ for its Windows Vista and Windows XP operating systems and selling them to customers.”
The Guardian, 4th January 2012
Source: www.guardian.co.uk
Filkin report proposals could shield criminals and corrupt officers – The Guardian
“While some of Dame Elizabeth’s recommendations about links between police and media are welcome, others spell danger.”
The Guardian, 4th January 2011
Source: www.guardian.co.uk
Allow assisted suicide for those with less than a year to live – Daily Telegraph
“The independent Commission on Assisted Dying, whose members include several prominent peers and medics, wants GPs to be able to prescribe lethal doses of medication for dying people to take themselves. The report, published today, calls for the ‘inadequate and incoherent’ law against assisted suicide to be scrapped following a series of high profile cases where patients have used the Dignitas suicide clinic to take their own lives.”
Daily Telegraph, 5th January 2012
Source: www.telegraph.co.uk
Government launches appeal against solar tariff ruling – BBC News
“The government has launched an appeal against a High Court ruling that blocked its plans to cut subsidies for solar panels on homes.”
BBC News, 4th January 2012
Source: www.bbc.co.uk
Joey Barton’s appeal against red card rejected by Football Association – The Guardian
“Joey Barton’s appeal against his red card for violent conduct in QPR’s match against Norwich City has been dismissed by the Football Association.”
The Guardian, 4th January 2012
Source: www.guardian.co.uk
The ethical issues arising from the relationship between police and media – Metropolitan Police
“The ethical issues arising from the relationship between police and media: advice to the Commissioner of Police of the Metropolis and his Management Board.”
Metropolitan Police, 4th January 2012
Filkin report on Met police links with journalists: key recommendations – The Guardian
“Elizabeth Filkin, the former parliamentary commissioner for standards, has recommended ‘more, not less’ communication between the police and journalists in her report on the Metropolitan police’s relationship with the media. Filkin made seven key recommendations, including one that requires all Scotland Yard officers and staff who meet members of the press to make a personal note of that meeting for their line manager.”
The Guardian, 4th Janaury 2012
Source: www.guardian.co.uk
Gary Dobson and David Norris jailed for Stephen Lawrence murder – The Independent
” The judge in the Stephen Lawrence murder trial urged police today not to “close the file” on catching the rest of his killers. Mr Justice Treacy made his appeal as Metropolitan Police Commissioner Bernard Hogan-Howe said that the remaining culprits ‘should not rest easily in their beds’. It is understood that police plan to meet next week to assess where the case stands. Gary Dobson, 36, and David Norris, 35, received life sentences at the Old Bailey today for the racist murder of Mr Lawrence nearly 19 years ago.”
The Independent, 4th January 2012
Source: www.indpendent.co.uk
Judge slams ‘blah blah blah’ court papers – Daily Telegraph
“A judge told prosecutors to act more seriously after court papers included the words ‘blah, blah, blah’ and ‘yakkity schmakitty’ in them.”
Daily Telegraph, 4th January 2011
Source: www.telegraph.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2011
The Electricity and Gas (Carbon Emissions and Community Energy Saving) (Amendment) Order 2011
The Severn Bridges Tolls Order 2011
The Merchant Shipping (Ship Inspection and Survey Organisations) (Revocation) Regulations 2011
The Port Security (Port of Dover) Designation Order 2011
The Traffic Signs (Amendment) (No. 2) Regulations and General Directions 2011
The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2011
The River Tyne (Tunnels) (Modification) Order 2011
The Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011
The Railways (Interoperability) Regulations 2011
The Police Pensions (Amendment) Regulations 2011
The Local Policing Bodies (Consequential Amendments) Regulations 2011
The Solicitors Disciplinary Tribunal (Appeals) (Amendment) Rules 2011
Source: www.legislation.gov.uk