Society defends solicitors over legal aid – Law Society’s Gazette
“The Law Society president has reacted to negative news coverage concerning the growth in the number of solicitors.”
Law Society’s Gazette, 5th April 2011
Source: www.lawgazette.co.uk
Guideline Hourly Rates for 2011 – Judiciary of England and Wales
“The Master of the Rolls has received a recommendation from the Advisory Committee on Civil Costs on an increase to the Guideline Hourly Rates for 2011.”
Judiciary of England and Wales, 4th April 2011
Source: www.judiciary.gov.uk
Ing Bank NV v Ros Roca SA – WLR Daily
Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122
“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”
WLR Daily, 31st March 2011
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.
Schröder v Finanzamt Hameln – WLR Daily
Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121
“National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property.”
WLR Daily, 31st March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Jimmy Mizen’s parents back restorative justice calls – BBC News
“The parents of a teenager who was stabbed to death are part of a group calling for all crime victims to be involved in the sentencing process.”
BBC News, 5th April 2011
Source: www.bbc.co.uk
‘Lazy Mexicans’ Top Gear episode cleared by Ofcom – Daily Telegraph
“A Top Gear episode which caused controversy with jokes about Mexicans has been cleared by the broadcasting watchdog.”
Daily Telegraph, 4th April 2011
Source: www.telegraph.co.uk
Royal weddings: time to update the laws of saying ‘I do’? – The Guardian
“Prince William’s forthcoming marriage to Kate Middleton is unlikely to be beset by any legal confusion. But future Windsor weddings could easily be mired in controversy unless there are changes to the law, according to Professor Rebecca Probert from Warwick University, an expert on marriage law.”
The Guardian, 5th April 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Austin & Ors v Miller Argent (South Wales) [2011] EWCA Civ 363 (04 April 2011)
High Court (Queen’s Bench Division)
Eagle v Redlime Ltd [2011] EWHC 838 (QB) (04 April 2011)
London Borough of Southwark v Connor & Ors [2011] EWHC 685 (QB) (23 March 2011)
Leeds City Council v Price & Ors [2011] EWHC 849 (QB) (04 April 2011)
High Court (Family Division)
A Local Authority v. C [2011] EWHC 231 (Fam) (11 February 2011)
Source: www.bailii.org
Man cleared over Northampton court jury summons error – BBC News
“A man given a criminal record and a £500 fine for failing to respond to a jury summons sent to the wrong address has been cleared by an appeal judge.”
BBC News, 4th April 2011
Source: www.bbc.co.uk
New gagging orders stretch right into the heart of parliament – The Guardian
“The revelation by the Liberal Democrat MP John Hemming of a new breed of ‘hyperinjunction’, which forbids the recipient talking about it to MPs, is one of the most disturbing developments in the contest between legitimate privacy and the need for open justice.”
The Guardian, 3rd April 2011
Source: www.guardian.co.uk
John Sweeney guilty of canal murders – The Guardian
“A Liverpool-born carpenter has been found guilty of murdering two former girlfriends and dumping their dismembered remains in canals in Rotterdam and London.”
The Guardian, 4th April 2011
Source: www.guardian.co.uk
Frankie Boyle’s Katie Price jokes censured – BBC News
“Media regulator Ofcom has censured comedian Frankie Boyle and Channel 4 for broadcasting ‘offensive’ jokes about Katie Price and her son Harvey.”
BBC News, 4th April 2011
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Rakib, R v [2011] EWCA Crim 870 (01 April 2011)
Adam & Anor, R v [2011] EWCA Crim 865 (01 April 2011)
Court of Appeal (Civil Division)
Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359 (31 March 2011)
Haresign v Clydesdale Bank Plc (t/a Yorkshire Bank) [2011] EWCA Civ 344 (01 April 2011)
Eliassen & Anor v Eliassen & Ors [2011] EWCA Civ 361 (01 April 2011)
Chater, R (on the application of) v Parole Board & Anor [2011] EWCA Civ 360 (01 April 2011)
High Court (Queen’s Bench Division)
Bailey & Anor v Kordowski [2011] EWHC 785 (QB) (01 April 2011)
White v Southampton University Hospitals NHS Trust & Anor [2011] EWHC 825 (QB) (01 April 2011)
High Court (Chancery Division)
Assetco Plc v Shannon [2011] EWHC 816 (Ch) (21 March 2011)
High Court (Family Division)
D (The Father), Re [2010] EWHC 3342 (Fam) (21 December 2010)
High Court (Administrative Court)
Bhatt v General Medical Council [2011] EWHC 783 (Admin) (01 April 2011)
Karwal v General Medical Council [2011] EWHC 826 (Admin) (01 April 2011)
High Court (Commercial Court)
Pioneer Freight Futures Company Ltd v TMT Asia Ltd [2011] EWHC 778 (Comm) (01 April 2011)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Waste (England and Wales) Regulations 2011
The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011
The Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2011
The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2011
The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 14) Order 2011
The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2011
The Social Security (Contributions) (Amendment No. 4) Regulations 2011
The Child Trust Funds (Amendment No. 2) Regulations 2011
The Grants to the Churches Conservation Trust Order 2011
Source: www.legislation.gov.uk
Owens v Dudley Metropolitan Borough Council – WLR Daily
Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120
“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”
WLR Daily, 31st March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Ilott v Mitson and others – WLR Daily
Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119
“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”
WLR Daily, 31st March 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.
European Commission v Italian Republic – WLR Daily
European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118
“Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty.”
WLR Daily, 29th March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily
“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”
WLR Daily, 31st March 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.
Richardson v Chief Constable of West Midlands Police – WLR Daily
Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116
“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”
WLR Daily, 29th March 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.
