3 fails in court bid to uncover evidence of alleged collusion – OUT-LAW.com

Posted January 22nd, 2008 in competition, disclosure, news, telecommunications by sally

“Mobile phone network 3 has been refused permission to force its rivals to disclose emails and documents in a process that would have cost each of them £200,000. The High Court ruled that 3’s requests were not specific enough.”

Full story

OUT-LAW.com, 21st January 2008

Source: www.out-law.com

New lawyer call system ‘in chaos’ – BBC News

Posted January 22nd, 2008 in call centres, news, solicitors by sally

“Lawyers say a new call centre system which is supposed to put them in touch with arrested clients in England and Wales is in chaos.”

Full story

BBC News, 22nd January 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 21st, 2008 in law reports by sally

Court of Appeal (Civil Division)

Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2008] EWCA Civ 1468 (21 January 2008)

High Court (Chancery Division)

HM Revenue & Customs v Weight Watchers (UK) Ltd [2008] EWHC 53 (Ch) (21 January 2008)

High Court (Patents Court)

Monsanto Technology LLC v Cargill International SA & Anor [2007] EWHC 3113 (Pat) (21 December 2007)

Nokia Corp v Interdigital Technology Corp [2007] EWHC 3077 (Pat) (21 December 2007)

Source: www.bailii.org

IPCC will not investigate Bedford death: death not result of taser – Independent Police Complaints Commission

Posted January 21st, 2008 in news, police, weapons by sally

“The Independent Police Complaints Commission (IPCC) has decided that the death of Justin Petty who died of knife wounds is suitable for investigation by Bedfordshire Police.”

Full story

Independent Police Complaints Commission, 21st January 2008

Source: www.gnn.gov.uk

Recent Statutory Instruments – OPSI

Posted January 21st, 2008 in legislation by sally

The Police Authorities (Particular Functions and Transitional Provisions) Order 2008

The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2008

The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2008

The Crime and Disorder Act 1998 (Additional Authorities) Order 2008

The Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (The London Stock Exchange) Regulations 2008

The Manchester College (Government) Regulations 2008

The Manchester College (Incorporation) Order 2008

The Imperial College Healthcare National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2008

The Education and Inspection Act 2006 (Commencement No. 1 and Saving Provisions) (Amendment) (England) Order 2008

Source: www.opsi.gov.uk

Hate groups could land social networking sites in court – The Guardian

Posted January 21st, 2008 in defamation, freedom of expression, internet, news by sally

“Social networking forums, where users give full vent to their gripes about everyone from gas providers and airline companies to the local bus operator, have caught the eye of media lawyers, who warn that such postings may be leaving sites such as Facebook and MySpace open to libel actions.”

Full story

The Guardian, 21st January 2008

Source: www.guardian.co.uk

Towards a Bill of Rights and Responsibility – Ministry of Justice

Posted January 21st, 2008 in constitutional law, human rights, speeches by sally

“Jack Straw has given a speech on how a British Bill of Rights and Responsibilities fits into a long British tradition, and how we would be greatly impoverished without the Human Rights Act.”

Full story

Ministry of Justice, 21st January 2008

Source: www.justice.org.uk

Driver faked death to avoid fines – BBC News

Posted January 21st, 2008 in fines, news, road traffic offences by sally

“Road safety experts have condemned a driver who faked his own death to avoid paying £180 in speeding fines.”

Full story

BBC News, 21st January 2008

Source: www.bbc.co.uk

Appeal to give up imitation guns – BBC News

Posted January 21st, 2008 in firearms, news by sally

“Police in London have launched a campaign urging young men and boys to hand in their imitation firearms.”

Full story

BBC News, 21st January 2008

Source: www.bbc.co.uk

Guide to the Criminal Procedure (Amendment No. 3) Rules 2007 – Ministry of Justice

Posted January 21st, 2008 in criminal procedure, legislation by sally

“The Criminal Procedure Rule Committee has made new rules about case management; a new procedure for applying in criminal cases for an anti-social behaviour order or other civil behaviour order; and new rules about appeals or references to the House of Lords.”

Full story

Ministry of Justice, 21st January 2008

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

Posted January 21st, 2008 in legislation by sally

The Safety of Sports Grounds (Designation) Order 2008

The Hill Farm Allowance Regulations 2008

The School Admission Appeals Code (Appointed Day)(England) Order 2008

The Defence Support Group Trading Fund Order 2008

Source: www.opsi.gov.uk

Stuart v Goldberg Linde and another – WLR Daily

Posted January 21st, 2008 in abuse of process, law reports, striking out, time limits by sally

Stuart v Goldberg Linde and another [2008] EWCA Civ 2 [2008] WLR (D) 4

“In determining whether a claim was an abuse of the process of the court on the ground that it should have been included in a previous action, the prospects of the claim’s success or failure and delay in bringing it (falling short of a statutory time bar or laches) were not generally relevant.”

WLR Daily, 18th January 2008

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.

McDougall v Richmond Adult Community College – WLR Daily

Posted January 21st, 2008 in disability discrimination, law reports by sally

McDougall v Richmond Adult Community College [2008] EWCA Civ 4 [2008] WLR (D) 3

“When determining whether an adverse effect on a person’s ability to carry out normal day-to-day activities was “likely to recur”, within the meaning of para 2(2) of Sch 1 to the Disability Discrimination Act 1995, an employment tribunal should make its determination on the basis of evidence available at the time of the allegedly discriminatory act.
The Court of Appeal so held when allowing the appeal of the respondent, Richmond Adult Community College, from the decision of the Employment Appeal Tribunal [2007] ICR 1567 dated 13 July 2007 allowing the appeal of the claimant, Elizabeth McDougall, from the decision of an employment tribunal sitting at London (South) on 27 June 2006 dismissing the claimant’s complaint of disability discrimination on the ground that she did not have a disability for the purposes of the Disability Discrimination Act 1995.”

WLR Daily, 18th January 2008

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.

Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily

Posted January 21st, 2008 in commercial agents, EC law, law reports by sally

Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07) [2008] WLR (D) 2

“On the proper interpretation of art 7(2) (first indent) of Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.
The First Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Cour de cassation, France.”

WLR Daily, 18th January 2008

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.

Jones v Wrexham Borough Council – Times Law Reports

Posted January 21st, 2008 in fees, insurance, law reports, solicitors by sally

Jones v Wrexham Borough Council

Court of Appeal

“Whether a conditional fee agreement was one as to own side’s costs, depended on analysing the arrangement for the agreement, the client-care letter explaining the effect of the arrangement and the insurance policy recommended by the solicitor.”

The Times, 21st January 2008

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.

Perrin and Another v Northampton County Council – Times Law Reports

Posted January 21st, 2008 in law reports, trees by sally

Perrin and Another v Northampton County Council

Court of Appeal

“Where the roots of a tree subject to a tree preservation order damaged or threatened to damage the foundations of a neighbour’s house, the local authority was entitled to consider means of abating the nuisance, such as engineering works, which would avoid the need for the tree to be cut down, uprooted, topped or lopped so as to preserve the tree as a local amenity.”

The Times, 21st January 2008

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.

Barristers’ legal aid boycott may leave defendants in limbo – The Guardian

Posted January 21st, 2008 in barristers, legal aid, news by sally

“Hundreds of barristers are boycotting new legal aid contracts which must be signed by today, in a move which could leave defendants charged with the most serious crimes, including complex fraud, terrorism and murder, without proper representation.”

Full story

The Guardian, 21st January 2008

Source: www.guardian.co.uk

MPs back organ donor law change – The Observer

Posted January 21st, 2008 in human tissue, news by sally

“An overwhelming majority of MPs support adopting a new system of organ donation, because the shortage of donor kidneys, hearts and lungs is so severe, a survey carried out by The Observer has found. Of the 120 who responded to a poll last week, 97 said they were in favour of proposals to change current rules, so that everyone would automatically be considered a donor after their death, unless they had opted out during their lifetime, or relatives objected.”

Full story

The Observer, 20th January 2008

Source: www.guardian.co.uk

Brown pushes for 42-day detention – BBC News

Posted January 21st, 2008 in detention, news, terrorism by sally

“Prime Minister Gordon Brown is pressing ahead with controversial plans to extend the time terror suspects can be held without charge to 42 days.”

Full story

BBC News, 20th January 2008

Source: www.bbc.co.uk

The minister, Jacqui Smith, street strife and a late-night kebab in Peckham – The Times

Posted January 21st, 2008 in crime, news, terrorism by sally

“Jacqui Smith began the toughest week of her ministerial career yesterday trying to defend herself after saying that the streets of London were too dangerous to walk alone at night.”

Full story

The Times, 21st January 2008

Source: www.timesonline.co.uk