New superinjunctions row as MP speaks out – The Guardian
“Lib Dem told discussion about specific injunction could only take place in private due to sub judice rules.”
The Guardian, 26th April 2011
Source: www.guardian.co.uk
LSB sets out approach to overseeing regulation – Legal Services Board
“The LSB is today launching a new discussion paper setting out its approach to ensuring standards of regulation in the legal services sector.”
Legal Services Board, 26th April 2011
Source: www.legalservicesboard.org.uk
Privacy law: what’s the way ahead? – The Guardian
“David Cameron says he is ‘uneasy’ about the development of a privacy law by judges based on the European Convention. How can we balance the right to publication with the right to privacy?”
The Guardian, 26th April 2011
Source: www.guardian.co.uk
Justice Secretary warning over ECHR judgments – The Independent
“The European Court of Human Rights (ECHR) has been ‘rather too ready to substitute its own judgment for that of national courts’, the Justice Secretary said today.”
The Independent, 26th April 2011
Source: www.independent.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Bond v Dunster Properties Ltd & Ors [2011] EWCA Civ 455 (21 April 2011)
High Court (Technology and Construction Court)
Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1035 (TCC) (19 April 2011)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
Redcard Ltd and others v Williams and others – WLR Daily
Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145
“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”
WLR Daily, 20th April 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.
British Bankers’ Association v Financial Services Authority and another – WLR Daily
“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”
WLR Daily, 20th April 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.
Bribery Act could disadvantage UK firms, warns Lord Goldsmith – Daily Telegraph
“The Bribery Act could unfairly prejudice British companies after key aspects of it were watered down by the Ministry of Justice, according to former Attorney General Lord Goldsmith.”
Daily Telegraph, 25th April 2011
Source: www.telegraph.co.uk
LSB publishes literature review of legal needs – Legal Services Board
“The LSB has conducted a review of existing research literature into the needs of different groups of legal services consumers. The review summarises the legal needs of a variety of different groups, their methods of accessing legal services and where their needs are not met. The review helps to identify gaps in existing research and will be used to target our future research programme.”
The Legal Needs of Consumer Groups (PDF)
Legal Services Board, 21st April 2011
Source: www.legalservicesboard.org.uk
Legal education’s oversupply is unethical – The Lawyer
“Too many people are looking to become solicitors in England and Wales. This is not an opinion, it is a fact based on the most recent annual report from the Law Society.”
The Lawyer, 25th April 2011
Source: www.thelawyer.com
Public will be ‘barred’ from justice in legal aid reform, warn lawyer group – Daily Telegraph
“The public will be effectively barred from fighting incompetent doctors and councils in the courts under plans to cut legal aid, the body representing lawyers warned yesterday.”
Daily Telegraph, 21st April 2011
Source: www.telegraph.co.uk
Prisoners sign up for law degrees – The Guardian
“Legal degrees are proving popular with prisoners and ex-convicts – but can they ever become solicitors?”
The Guardian, 25th April 2011
Source: www.guardian.co.uk
Private prisons illegally restrain children – The Independent
“Juveniles in private prisons are at risk of serious injury or death through the use of illegal restraints, according to research by the penal reform charity the Howard League.”
The Independent, 25th April 2011
Source: www.independent.co.uk
Calls for Ministry of Justice to reveal number of gagging orders – Daily Telegraph
“A senior MP has demanded the Ministry of Justice reveals how many gagging orders have been granted by the courts amid growing concern that they are becoming too widespread.”
Daily Telegraph, 22nd April 2011
Source: www.telegraph.co.uk
From oversubscribed to undermanned: are we facing a shortage of lawyers? – The Guardian
“Since the Law Society’s 2009 warning that the profession was oversubscribed student numbers have fallen, possibly too far.”
The Guardian, 22nd April 2011
Source: www.guardian.co.uk
Judge raps care ‘failures’ in paedophile case – The Independent
“A High Court judge investigating a mother with learning difficulties whose children became victims of a dangerous paedophile has strongly condemned the way the case was handled by a county’s social services.”
The Independent, 21st April 2011
Source: www.independent.co.uk
Privacy law should be made by MPs, not judges, says David Cameron – The Guardian
“The prime minister has waded into the debate on the use of superinjunctions by the rich and famous to avoid allegations of scandal, declaring that parliament and not the courts should decide where the right to privacy begins.”
The Guardian, 21st April 2011
Source: www.guardian.co.uk
Easter Break
There will be no posts over the Easter weekend (Friday 22nd – Monday 25th inclusive) during which time the Library will be closed. We will resume posting on Tuesday 26th April.
