Aiden Jackson guilty of murdering David Cowley – BBC News
“An 18-year-old man has been found guilty of murdering a man he arranged to meet for a sexual act.”
BBC News, 28th September 2011
Source: www.bbc.co.uk
Attorney general returns to unique role over legal aid reform – The Guardian
“The attorney general is to intervene in the controversy over cuts to family justice, according to the Times. Dominic Grieve is to tell Ken Clarke that the lord chancellor’s proposals would clog up the courts with unrepresented litigants.”
The Guardian, 28th September 2011
Source: www.guardian.co.uk
Valuers Breathe Sigh of Relief – Hardwicke Chambers
“Since the early 1990s it has been common place for ‘the ordinary domestic householder purchasing his own home’ to pursue the valuer contracted by the prospective mortgagee for negligent over-valuation.”
Hardwicke Chambers, 19th September 2011
Source: www.hardwicke.co.uk
Nowhere to run: insolvency is no protection from possession proceedings – Zenith Chambers
“Social landlords face a constant struggle trying to persuade heavily indebted tenants that paying rent is a priority over paying off the tenants’ bigger, more threatening creditors.”
Full story (PDF)
Zenith Chambers, 13th September 2011
Source: www.zenithchambers.co.uk
Settling Employment Claims: some recent developments – 11KBW
“The settlement of ordinary commercial disputes is familiar territory for all lawyers, and settlements rarely require any particular formalities beyond sufficient clarity as to the terms of the agreement. This is equally so for purely contractual disputes in the field of employment, but there the comparison stops. It is a basic principle of statutory employment rights that the parties cannot simply contract out of the rights, and therefore particular formality is needed to effect an enforceable settlement of any employment dispute where the employee may make a claim based on statutory employment rights.”
Full story (PDF)
11KBW, 23rd September 2011
Source: www.11kbw.com
Arbitrator’s work with lawyers on separate case will not make him biased, rules High Court – OUT-LAW.com
“An arbitrator is not likely to be biased by the mere fact that he is working for one of the parties on an unrelated case, a judge has said.”
OUT-LAW.com, 28th September 2011
Source: www.out-law.com
Brain-damaged woman should not be allowed to die, high court rules – The Guardian
“A brain-damaged, minimally-conscious woman should not be allowed to die, a high court judge has ruled.”
The Guardian, 28th September 2011
Source: www.guardian.co.uk
Simplifying the law of kidnapping – Law Commission
“In a consultation opening today, the Law Commission is seeking views on its provisional ideas for reform of the common law offence of kidnapping. The existing definition of kidnapping is unclear and leaves room for confusion. The Commission aims to clarify the definition of kidnapping, rectify the problems associated with the current law and ensure that all types of kidnapping can be dealt with efficiently by the courts.”
Law Commission, 28th September 2011
Source: www.justice.gov.uk
Interflora Inc and another v Marks & Spencer plc (Case C-323/09) – WLR Daily
Interflora Inc and another v Marks & Spencer plc (Case C-323/09); [2011] WLR (D) 281
“Article 5(1)(a) of First Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94 on the Community trade mark was to be interpreted as meaning that the proprietor of a trade mark was entitled to prevent a competitor from advertising on the basis of a keyword which was identical with the trade mark and which had been selected in an internet referencing service by the competitor without the proprietor’s consent, where that use was liable to have an adverse effect on one of the functions of the trade mark. Article 5(2) of Directive 89/104 and article 9(1)(c) of Regulation No 40/94 was to be interpreted as meaning that the proprietor of a trade mark with a reputation was entitled to prevent a competitor from advertising on the basis of a keyword corresponding to that trade mark, which the competitor had, without the proprietor’s consent, selected in an internet referencing service, where the competitor thereby took unfair advantage of the distinctive character or repute of the trade mark (free-riding) or where the advertising was detrimental to that distinctive character (dilution) or to that repute (tarnishment).”
WLR Daily, 22nd September 2011
Source: www.iclr.co.uk
Egan v Basildon Borough Council – WLR Daily
Egan v Basildon Borough Council [2011] EWHC 2416 (QB); [2011] WLR (D) 280
“The date of construction of unlawfully erected buildings or structures could be critical when enforcement action was proposed pursuant to a notice to rectify breaches of planning control.”
WLR Daily, 26th September 2011
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The National Minimum Wage (Amendment) Regulations 2011
The National Minimum Wage (Amendment) (No.2) Regulations 2011
The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011
The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011
The Health Research Authority Regulations 2011
The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011
The Health Research Authority (Establishment and Constitution) Order 2011
Source: www.legislation.gov.uk
Riots appeal judges to review BBC news coverage – The Guardian
“Three appeal court judges are to view BBC television news coverage of the summer riots before they decide whether any of the sentences handed down were excessive.”
The Guardian, 27th September 2011
Source: www.guardian.co.uk
Harsh sentences were suited to ‘ghastliness’ of looting, Chief Justice tells appeal – The Independent
“Britain’s most senior judge said the lengthy sentences meted out to rioters reflected the ‘ghastliness’ of the unrest that swept through England in August, as he heard the first batch of challenges by defendants jailed for their involvement.”
The Independent, 28th September 2011
Source: www.independent.co.uk
Appeal court criticises judge’s approach to riot sentencing – The Guardian
“A Manchester judge who made influential comments on sentencing offenders in the immediate aftermath of the August riots has been criticised by the appeal court.”
The Guardian, 27th September 2011
Source: www.guardian.co.uk
Warning over kidnap legal loophole – BBC News
“A loophole means some people guilty of kidnap may not face the full force of the law, the government’s law reform experts have warned.”
BBC News, 28th September 2011
Source: www.bbc.co.uk
ICO publishes guide to university research disclosure – OUT-LAW.com
“University workers must release information from personal webmail accounts on request if it is related to public business, the Information Commissioner’s Office (ICO) has said.”
OUT-LAW.com, 27th September 2011
Source: www.out-law.com
Max Mosley loses privacy law appeal bid – The Independent
“Human rights judges have rejected an appeal by ex-Formula One boss Max Mosley against his failed bid to force a change in UK privacy laws.”
The Independent, 27th September 2011
Source: www.independent.co.uk
Raoul Moat death was suicide, inquest jury rules – The Guardian
“The fugitive gunman Raoul Moat took his own life after police fired an unapproved Taser at him, an inquest jury decided on Tuesday. The jury concluded that the armed officers had behaved properly during the six-hour stand-off with the 37-year-old former bouncer at Rothbury, Northumberland, in July 2010.”
The Guardian, 27th September 2011
Source: www.guardian.co.uk
Budějovický Budvar, národní podnik v Anheuser-Busch Inc (Case C-482/09) – WLR Daily
Budějovický Budvar, národní podnik v Anheuser-Busch Inc
“Acquiescence, within the meaning of article 9(1) of First Council Directive 89/104/EEC, was a concept of European Union law and the proprietor of an earlier trade mark could not be held to have acquiesced in the long and well-established honest use, of which he had long been aware, by a third party of a later trade mark which was identical with that of the proprietor if that proprietor was not in any position to oppose that use. Registration of the earlier trade mark in the member state concerned did not constitute a prerequisite for the running of the period of limitation in consequence of acquiescence prescribed in article 9(1).”
(Case C-482/09); [2011] WLR (D) 279
WLR Daily, 22nd September 2011
Source: www.iclr.co.uk
