Fulham Football Club (1987) Ltd v Sir David Richards and another – WLR Daily

Posted December 3rd, 2010 in arbitration, company law, law reports, sport, unfairly prejudicial conduct by sally

Fulham Football Club (1987) Ltd v Sir David Richards and another [2010] EWHC 3111 (Ch); [2010] WLR (D) 312

“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”

WLR Daily, 2nd December 2010

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.

Regina v Chaytor and others – WLR Daily

Regina v Chaytor and others [2010] UKSC 52; [2010] WLR (D) 311

“Parliamentary privilege did not pose any bar to the prosecution of defendants charged with false accounting who, while serving Members of Parliament, made claims for expenses and allowances to the Fees Office of the House of Commons.”

WLR Daily, 2nd December 2010

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.

Joseph v Spiller – WLR Daily

Posted December 3rd, 2010 in defamation, defences, law reports by sally

Joseph v Spiller [2010] UKSC 53; [2010] WLR (D) 310

“The defence in defamation proceedings of fair comment – to be renamed ‘honest comment’ – did not require that the comment had to identify the matters on which it was based with sufficient particularity to enable readers to judge for themselves whether it was well founded. The comment did, however, have to identify at least in general terms what it was that had led the commentator to make the comment”

WLR Daily, 2nd December 2010

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.

Regina v Major – WLR Daily

Posted December 3rd, 2010 in harassment, law reports, restraining orders by sally

Regina v Major [2010] WLR (D) 309

“The Registrar of Criminal Appeals had power to grant a representation order in respect of an application or appeal against a restraining order imposed on acquittal of an offence, pursuant to the provisions of s 5A of the Protection from Harassment Act 1997.”

WLR Daily, 2nd December 2010

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.

R (Moore) v Skipton Fund Ltd – WLR Daily

Posted December 3rd, 2010 in blood products, compensation, judicial review, law reports, time limits by sally

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 2010

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.

HR Trustees Ltd v German and another; In re IMG Pension Plan – WLR Daily

Posted December 3rd, 2010 in compromise, law reports, pensions by sally

HR Trustees Ltd v German and another; In re IMG Pension Plan [2010] EWCA Civ 1349; [2010] WLR (D) 307

“Section 91 of the Pensions Act 1995 as amended prevented neither the parties from making nor the court from approving or enforcing a bona fide compromise of any disputed or doubted right and entitlement of members of the scheme under an occupational pension scheme.”

WLR Daily, 2nd December 2010

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.

Abuser who videoed attacks on toddler jailed for murder – The Guardian

Posted December 3rd, 2010 in child abuse, murder, news, sentencing by sally

“A man who filmed himself attacking a 15-month-old repeatedly over six months has been jailed for 24 years for the boy’s murder.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

‘Mixed practice’ warning for publicly funded barristers – Law Society’s Gazette

Posted December 3rd, 2010 in advocacy, barristers, legal aid, news by sally

“Incoming Bar Council chairman Peter Lodder QC today warned publicly funded barristers to diversify or face a bleak future.”

Full story

Law Society’s Gazette, 2nd December 2010

Source: www.lawgazette.co.uk

Man guilty of arranging estranged wife’s machete murder – The Guardian

Posted December 3rd, 2010 in domestic violence, murder, news, soliciting to murder by sally

“A man was today found guilty of ordering the murder of his estranged wife, who was hacked to death with a machete in a suburban street as she walked to collect the couple’s children.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

The law on mercy killing is badly in need of an overhaul – Daily Telegraph

Posted December 3rd, 2010 in assisted suicide, attempted murder, attempts, euthanasia, murder, news, sentencing by sally

“The mandatory life sentence for murder is unknown in other countries and distorts the law.”

Full story

Daily Telegraph, 2nd December 2010

Source: www.telegraph.co.uk

Deaths in police custody since 1998: 333; officers convicted: none – The Guardian

Posted December 3rd, 2010 in complaints, death in custody, news, police, prosecutions by sally

“A total of 333 people have died in or following police custody over the past 11 years, but no officer has ever been successfully prosecuted, according to a watchdog’s report.”

Full story

The Guardian,

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Burridge v R. [2010] EWCA Crim 2847 (02 December 2010)

Burcombe v R. [2010] EWCA Crim 2818 (29 November 2010)

Court of Appeal (Civil Division)

T v T [2010] EWCA Civ 1366 (01 December 2010)

K (Children), Re [2010] EWCA Civ 1365 (02 December 2010)

High Court (Chancery Division)

Bayes- Walker & Anor v Bayes- Walker & Ors [2010] EWHC 3142 (Ch) (02 December 2010)

Source: www.bailii.org

University goes to court to evict sit-in protesters – The Guardian

Posted December 2nd, 2010 in demonstrations, injunctions, news, universities by sally

“Students staging a sit-in at University College London in protest at a rise in tuition fees could face eviction today after university lawyers sought a court order to eject them.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

No action over Facebook Koran burning girl – BBC News

Posted December 2nd, 2010 in inciting religious hatred, news, young offenders by sally

“No action is to be taken against a teenage girl in the West Midlands who burnt a copy of the Koran, the Crown Prosecution Service (CPS) has said.”

Full story

BBC News, 2nd December 2010

Source: www.bbc.co.uk

Boob Job cream manufacturer ‘using libel laws to silence critics’ – The Guardian

Posted December 2nd, 2010 in defamation, news, parliamentary privilege by sally

“The company that produces Boob Job cream has been accused of being a ‘charlatan and a bully’ for using libel laws to silence a plastic surgeon who criticised its product.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2010 in law reports by sally

Supreme Court

Chaytor & Ors, R v (Rev 2) [2010] UKSC 52 (01 December 2010)

Spiller & Anor v Joseph & Ors [2010] UKSC 53 (01 December 2010)

Court of Appeal (Criminal Division)

Mullings v R [2010] EWCA Crim 2820 (01 December 2010)

Webster v R [2010] EWCA Crim 2819 (01 December 2010)

SB, R. v [2010] EWCA Crim 2620 (27 October 2010)

Court of Appeal (Civil Division)

International Management Group (UK) Ltd v German & Anor [2010] EWCA Civ 1349 (01 December 2010)

High Court (Queen’s Bench)

Hayden & Anor v Charlton [2010] EWHC 3144 (QB) (01 December 2010)

Fairstate Ltd v General Enterprise & Management Ltd & Anor [2010] EWHC 3072 (QB) (29 November 2010)

High Court (Chancery Division)

Fulham Football Club (1987) Ltd v Richards & Anor [2010] EWHC 3111 (Ch) (01 December 2010)

Clarke v Meadus [2010] EWHC 3117 (Ch) (01 December 2010)

High Court (Administrative Court)

Sinclair Collis Ltd v Secretary of State for Health & Anor [2010] EWHC 3112 (Admin) (01 December 2010)

Salazar-Duarte v The Government of the United States of America [2010] EWHC 3150 (Admin) (01 December 2010)

Glatt v Heath Sinclair (The Former Court Appointed Receiver) [2010] EWHC 3069 (Admin) (01 December 2010)

Moore, R (on the application of) v Skipton Fund Ltd & Anor [2010] EWHC 3070 (Admin) (01 December 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 2nd, 2010 in legislation by sally

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2010

The Legal Services Act 2007 (Commencement No. 9) Order 2010

The Medical Profession (Responsible Officers) Regulations 2010

The Nuclear Decommissioning and Waste Handling (Designated Technical Matters) Order 2010

The Tobacco Products (Descriptions of Products) (Amendment) Order 2010

Source: www.legislation.gov.uk

The Bridgewater Canal Co Ltd v GEO Networks Ltd – WLR Daily

Posted December 2nd, 2010 in canals, compensation, construction industry, law reports, telecommunications by sally

The Bridgewater Canal Co Ltd v GEO Networks Ltd [2010] EWCA Civ 1348; [2010] WLR (D) 306

“On the proper construction of the Electronic Communications Code, set out in Sch 2 to the Telecommunications Act 1984 as amended by the Communications Act 2003, the special regime which applied to linear obstacles differed not only from the general regime but also from the other special regimes for which the code provided. When determining, under para 13(2)(e of Sch 2), an award of compensation or consideration in respect of the right to carry out works and the loss sustained by reason of doing so in implementation of the right to install and keep, there was no reason to interpolate into the words ‘the right to carry out the works’ in para (13)(2)(e) the additional words ‘and to keep the same’. Accordingly, an operator of a communications network installing a cable through an existing duct under a canal was liable to pay to the person with control of the land compensation only for the right to execute the works and not also for the right to keep them on the relevant land as and when executed.”

WLR Daily, 1st December 2010

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.

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London – WLR Daily

Posted December 2nd, 2010 in evidence, inquests, law reports, legal representation, public interest by sally

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London
[2010] EWHC 3098 (Admin); [2010] WLR (D) 305

“A coroner did not have power to receive sensitive evidence relating to the security service in a closed hearing in the absence of properly interested persons and their legal representatives.”

WLR Daily, 1st December 2010

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.

House of Commons inquiry – Law Society’s Gazette

Posted December 2nd, 2010 in inquiries, legal aid, news by sally

“The House of Commons’ Justice Committee has launched an inquiry into the government’s recent legal aid green paper, inviting evidence on the likely impact of the reforms on the number and quality of legal aid practitioners, and whether the government’s civil justice proposals mirror the Jackson report.”

Full story

Law Society’s Gazette, 2nd December 2010

Source: www.lawgazette.co.uk