Solicitors from Hell to face legal action – Law Society’s Gazette

Posted May 13th, 2011 in injunctions, internet, law firms, news, solicitors by sally

“The Law Society is set to launch legal proceedings against the owner of Solicitors from Hell, the website that blacklists law firms and solicitors. Chancery Lane will seek two injunctions against the site and its owner Rick Kordowski: one on behalf of solicitors and firms named on the site, and a second on behalf of the wider profession.”

Full story

Law Society’s Gazette, 12th May 2011

Source: www.lawgazette.co.uk

Damages for unlawful software use not high enough, says industry body – OUT-LAW.com

Posted May 13th, 2011 in computer programs, copyright, damages, news by sally

“Software companies should be entitled to bigger damages for the use of copied software, industry lobby group the Business Software Alliance (BSA) has said.”

Full story

OUT-LAW.com, 13th May 2011

Source: www.out-law.com

UK backs EU-wide PNR plan after 15 countries back extension of proposal to internal EU flights – OUT-LAW.com

Posted May 13th, 2011 in airlines, data protection, EC law, news, terrorism by sally

“Original pan-EU plans to collect passenger name record data (PNR) applied only to flights to and from EU countries from outside the EU. The Government has opted in to the process only after receiving the support of 15 other countries for its amendment to the plan so that it applied to some flights within the EU.”

Full story

OUT-LAW.com, 12th May 2011

Source: www.out-law.com

BAILII: Recent Decisions

Posted May 13th, 2011 in law reports by sally

Court of Appeal (Civil Division)

K v L [2011] EWCA Civ 550 (13 May 2011)

AXA Sunlife Services Plc v Campbell Martin Ltd & Ors [2011] EWCA Civ 549 (12 May 2011)

BDW Trading Ltd (t/a Barratt North London) v JM Rowe (Investments) Ltd [2011] EWCA Civ 548 (12 May 2011)

AP (Trinidad & Tobago) v Secretary of State for the Home Department [2011] EWCA Civ 551 (12 May 2011)

Kennedy v The Information Commissioner & Anor [2011] EWCA Civ 367 (12 May 2011)

Stena Line Ltd v Merchant Navy Ratings Pension Fund Trustees Ltd & Anor [2011] EWCA Civ 543 (12 May 2011)

DM v Secretary of State for Justice [2011] EWCA Civ 522 (12 May 2011)

Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011)

Fraenkl -Rietti v Cheltenham & Gloucester Plc [2011] EWCA Civ 524 (12 May 2011)

Court of Appeal (Criminal Division)

Young, R. v [2011] EWCA Crim 1176 (12 May 2011)

Twist & Ors v R. [2011] EWCA Crim 1143 (12 May 2011)

Bond, R v [2011] EWCA Crim 1197 (13 May 2011)

High Court (Administrative Court)

Evans, R (on the application of) v The Lord Chancellor & Anor [2011] EWHC 1146 (Admin) (12 May 2011)

A, R (on the application of) v Lewisham Youth Court & Anor [2011] EWHC 1193 (Admin) (12 May 2011)

Skrzypczak v The Circuit Court In Poznan (A Polish Judicial Authority) [2011] EWHC 1194 (Admin) (12 May 2011)

Source: www.bailii.org

Lane v Cullens Solicitors and others – WLR Daily

Posted May 13th, 2011 in intestacy, law reports, limitations, negligence, solicitors by sally

Lane v Cullens Solicitors and others [2011] EWCA Civ 547; [2011] WLR (D) 157

“Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina (Nassery) v Brent London Borough Council – WLR Daily

Posted May 13th, 2011 in housing, law reports, local government, mental health by sally

Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156 

“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina (Adams) v Secretary of State for Justice (JUSTICE and another intervening)- WLR Daily

Posted May 13th, 2011 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Adams) v Secretary of State for Justice (JUSTICE and another intervening); In re MacDermott’s and McCartney’s Applications for Judicial Review (JUSTICE intervening) [2011] UKSC 18; [2011] WLR (D) 155

“A miscarriage of justice, within the meaning of section 133 of the Criminal Justice Act 1988, occurred where a new fact so undermined the evidence against the defendant that no conviction could possibly be based upon it.”

WLR Daily, 11th may 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Tower MCashback LLP 1 and another v Revenue and Customs Commissioners – WLR Daily

Tower MCashback LLP 1 and another v Revenue and Customs Commissioners [2011] UKSC 19;  [2011] WLR (D)  154

“At the hearing of a taxpayer’s appeal against a closure notice determining an inquiry into a limited liability partnership’s tax return, the revenue was not confined to relying on the precise reasons for the decision given by the investigating officer in his closure notice.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2011 in legislation by sally

The Crime and Disorder (Formulation and Implementation of Strategy) (Amendment) Regulations 2011

The Pensions Appeal Tribunals Act 1943 (Time Limit for Appeals) (Amendment) Regulations 2011

The Pensions Appeal Tribunals Act 1943 (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2011

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

Source: www.legislation.gov.uk

LSB sets out approach to safeguarding quality in the provision of legal services – Legal Services Board

“Plans form response to the advice of the Consumer Panel on quality.”

Full press release

Legal Services Board, 12th May 2011

Source: www.legalservicesboard.org.uk

Government publishes draft protocol for new police and crime commissioners and chief constables – Home Office

Posted May 13th, 2011 in criminal justice, police, press releases by sally

“In the journey towards the introduction of the first Police and Crime Commissioners (PCCs) in May 2012, the government today published a draft protocol setting out the relationship between PCCs and Chief Constables.”

Full press release

Home Office, 11th May 2011

Source: www.homeoffice.gov.uk

London man jailed for heroin smuggling – UK Border Agency

Posted May 13th, 2011 in drug trafficking, press releases, sentencing by sally

“A man from London has been sentenced to 7 years in prison at Canterbury Crown Court after pleading guilty to heroin smuggling.”

Full press release

UK Border Agency, 11th May 2011

Source: www.ukba.homeoffice.gov.uk

Mosley’s loss is a victory for the British government – The Guardian

Posted May 13th, 2011 in freedom of expression, human rights, media, news, privacy by sally

“Today’s ruling by the European court of human rights in Max Mosley’s privacy case is a victory for the British government, which argued at the hearing in January that countries were entitled to a wide ‘margin of appreciation’ – in other words, discretion – in deciding how to strike the balance between freedom of expression and respect for an individual’s private life.”

Full story

The Guardian, 10th May 2011

Source: www.guardian.co.uk

Torture legal aid case is a triumph of the rule of law – The Guardian

Posted May 13th, 2011 in judicial review, legal aid, news, public interest, torture by sally

“The high court ruling condemning the MoD for restricting funding for litigation underlines the importance of judicial review.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk

Madeleine McCann case to receive help from Met – The Guardian

Posted May 13th, 2011 in children, missing persons, news, police by sally

“Scotland Yard has been ordered to review the disappearance of Madeleine McCann, after the child’s mother appealed to the prime minister for help. The Guardian understands that shortly after Kate McCann published an open letter in the Sun newspaper asking David Cameron to step in, Downing Street contacted the commissioner of the Metropolitan Police.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk

Sienna Miller should be forced to accept damages offer, says News International – The Independent

Posted May 13th, 2011 in damages, interception, media, news, privacy by sally

“Sienna Miller should be forced to accept damages of £100,000 in her phone hacking claim against the News of the World because the stories published about her private life were ‘not that hurtful’, a lawyer for the Sunday newspaper said yesterday.”

Full story

The Independent,13th May 2011

Source: www.independent.co.uk

Burglar fined 1p for breaking into artists’ workshop – Daily Telegraph

Posted May 13th, 2011 in burglary, fines, news, sentencing, vagrancy by sally

“A convicted burglar who broke into an artists’ workshop has been fined just 1p after a deal was agreed with the prosecution.”

Full story

Daily Telegraph, 13th May 2011

Source: www.telegraph.co.uk

FA appoints QC to review Lord Triesman allegations – BBC News

Posted May 13th, 2011 in corruption, inquiries, news, professional conduct, sport by sally

“The Football Association has appointed a leading lawyer to review allegations of misconduct by Fifa officials during England’s failed 2018 World Cup bid. James Dingemans QC has been asked to independently review the claims made by former FA chairman Lord Triesman to a Parliamentary select committee.”

Full story

BBC news, 12th May 2011

Source: www.bbc.co.uk

Murdered schoolgirl Tia Rigg ‘failed by agencies’- BBC News

Posted May 13th, 2011 in children, murder, news, rape, social services by sally

“A 12-year-old girl who was raped and murdered by her uncle in Manchester was failed by child protection agencies, an independent inquiry has found.”

Full story

BBC News, 13th May 2011

Source: www.bbc.co.uk

Children and the law: new case may transform criminal courts’ approach – The Guardian

Posted May 13th, 2011 in children, news, witnesses by sally

“A local authority has refused to let a six-year-old testify in court. If  it wins the case could severely curtail use of child witnesses in trials.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk