Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury
Open Justice Unbound? (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Judicial Studies Board Annual Lecture, 16th March 2011
Source: www.judiciary.gov.uk
Judge considers costs for ACS Law – BBC News
“Controversial law firm ACS Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.”
BBC News, 16th March 2011
Source: www.bbc.co.uk
Family lawyers face up to challenges ahead – Law Society’s Gazette
“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”
Law Society’s Gazette, 17th March 2011
Source: www.lawgazette.co.uk
Borger v Tiroler Gebietskrankenkasse – WLR Daily
Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89
“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”
WLR Daily, 10th 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.
Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily
“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”
WLR Daily, 10th 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.
Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold – WLR Daily
“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”
WLR Daily, 10th 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.
Government unveils new immigration rules – Law Society’s Gazette
“The government unveiled new immigration rules today that will give wealthy entrepreneurs a ‘fast-track’ route to settling in the UK.”
Law Society’s Gazette, 16th March 2011
Source: www.lawgazette.co.uk
Adult and juvenile reoffending statistics 2009 – Ministry of Justice
“Adult and juvenile reoffending statistics for 2009 were published by the Ministry of Justice today, showing a fall in re-offending by adults and juveniles.”
Ministry of Justice, 17th March 2011
Source: www.justice.gov.uk
EU to force social network sites to enhance privacy – The Guardian
“‘Right to be forgotten’ would ensure users of Facebook and other sites could completely erase personal data.”
The Guardian, 16th March 2011
Source: www.guardian.co.uk
Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette
“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”
Law Society’s Gazette, 17th March 2011
Source: www.lawgazette.co.uk
Public interest defence against libel proposed, but campaigners call for more radical action – OUT-LAW.com
“Journalists will be able to rely on the defence that they published responsibly and in the public interest in defamation cases, according to reforms proposed by the Government. A defence of ‘honest opinion’ will replace that of ‘fair comment’.”
OUT-LAW.com, 16th March 2011
Source: www.out-law.com
Tchenguiz brothers can sue Iceland’s Kaupthing Bank – BBC News
“A High Court judge has ruled that the Tchenguiz brothers can sue Kaupthing Bank for £1bn ($1.6bn) damages.”
BBC News, 16th March 2011
Source: www.bbc.co.uk
Merger of Competition Commission and OFT meets with muted response – The Lawyer
“Competition lawyers have offered a lukewarm response to Government proposals to streamline and improve the UK’s competition regime.”
The Lawyer, 16th March 2011
Source: www.thelawyer.com
Assault definitive guideline – Sentencing Council
“Following a 12 week consultation the Sentencing Council is publishing its new definitive guideline on assault offences, which has been issued in accordance with section 120 (4) of the Coroners and Justice Act 2009.”
Sentencing Council, 16th March 2011
Source: www.sentencingcouncil.org.uk
Woman used as ‘slave’ wins case against former hospital director – The Guardian
“A former hospital director has been convicted of trafficking a woman from Tanzania to Britain and using her as a ‘slave’, in the first case of its kind to come before a court.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
New sentencing guidance for assault – Law Society’s Gazette
“The Sentencing Council has today published new guidance to judges and magistrates for assault offences.”
Law Society’s Gazette, 16th March 2011
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Fuller v London Borough of Brent [2011] EWCA Civ 267 (15 March 2011)
High Court (Chancery Division)
MVF3 APS & Ors v Bestnet Europe Ltd & Ors [2011] EWHC 477 (Ch) (07 March 2011)
High Court (Administrative Court)
High Court (Family Division)
A (a child), Re [2011] EWHC 517 (Fam) (10 March 2011)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Planning Act 2008 (Commencement No. 6) Order 2011
The Legal Services Act 2007 (Commencement No. 10) Order 2011
The Income Tax (Qualifying Child Care) Regulations 2011
The Tax Credits (Miscellaneous Amendments) Regulations 2011
The Police Act 1997 (Criminal Records) (Amendment) Regulations 2011
The Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2011
The Pension Protection Fund (Pensions on Divorce etc: Charges) Regulations 2011
Source: www.legislation.gov.uk
Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily
Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86
“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”
WLR Daily, 11th March 2011
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Campaign to raise age of criminal responsibility – Daily Telegraph
“Children in England understand the difference between right and wrong at age 10, according to the law. Ten years old is also the age of criminal responsibility in Wales, Northern Ireland, Australia, New Zealand.”
Daily Telegraph, 16th March 2011
Source: www.telegraph.co.uk
