Bank of Scotland v Pereira and others – WLR Daily

Posted March 11th, 2011 in appeals, civil procedure rules, default judgments, law reports, setting aside, time limits by sally
“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

Posted March 11th, 2011 in appeals, deportation, detention, law reports by sally
“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily

Posted March 11th, 2011 in asbestos, causation, law reports, negligence, personal injuries by sally
“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
WLR Daily, 10th March 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitor struck off over ‘land banking’ scheme – Law Society’s Gazette

Posted March 11th, 2011 in disciplinary procedures, financial regulation, news, sale of land, solicitors by sally

“A solicitor involved in a ‘land banking’ scheme which cost investors their life savings was struck off by the Solicitors Disciplinary Tribunal last week.”

Full story

Law Society’s Gazette. 10th March 2011

Source: www.lawgazette.co.uk

New investigations regime will accompany new premium rate code, says regulator – OUT-LAW.com

Posted March 11th, 2011 in consumer protection, news, telecommunications by sally

“The way premium phone rate companies are investigated for breaches of the industry code will be changed this spring, regulator PhonepayPlus (PPP) has said.”

Full story

OUT-LAW.com, 10th March 2011

Source: www.out-law.com

Rollover contracts with leaving penalties to be banned, says Ofcom – OUT-Law.com

Posted March 11th, 2011 in consumer protection, news, telecommunications, unfair contract terms by sally

“Telecoms firms will be banned from automatically signing customers up to renewed contracts with minimum contract periods, telecoms regulator has said. It said that 15% of home phone users are tied into such contracts.”

Full story

OUT-LAW.com, 10th March 2011

Source: www.out-law.com

CPS statement following the conviction of Terence Brown – Crown Prosecution Service

Posted March 11th, 2011 in internet, press releases, prosecutions, terrorism by sally

“Following the conviction of Terence Brown, Moira Macmillan, CPS Counter Terrorism Division lawyer said: ‘Terence Brown made money from producing and selling CD-Roms which contained details of step-by-step instructions that could be used by anyone planning or committing a terrorist attack.’ ”

Full press release

Crown Prosecution Service, 9th March 2011

Source: www.cps.gov.uk

Damages awarded to Virgin Atlantic masseuses – BBC News

Posted March 11th, 2011 in airlines, damages, news, personal injuries by sally

“Two beauty therapists who suffered repetitive strain injury after giving hours of massages to Virgin Atlantic passengers have been awarded damages.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Bristol cancer lie woman jailed for fraud – BBC News

Posted March 11th, 2011 in fraud, news, sentencing by sally

“A police civilian worker who lied to friends and colleagues by telling them she was dying of liver cancer has been jailed for 15 months for fraud.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Ex council chairman and wife jailed over ‘deplorable’ fraud of relative, 85 – Daily Telegraph

Posted March 11th, 2011 in fraud, news, sentencing by sally

“A former council chairman and his wife have been jailed for the ‘deplorable’ fraud of an elderly relative, which funded their lavish lifestyle and teddy bear collection.”

Full story

Daily Telegraph, 10th March 2011

Source: www.telegraph.co.uk

Sir Fred Goodwin, RBS chief, takes out gagging order – Daily Telegraph

Posted March 11th, 2011 in freedom of expression, injunctions, news, parliamentary privilege, private hearings by sally

“The existence of the injunction was revealed by John Hemming, a back-bench Liberal Democrat MP, during a business debate in the House of Commons yesterday morning. His comments are protected by parliamentary privilege, which means he cannot face court proceedings for revealing the injunction’s existence.”

Full story

Daily Telegraph, 11th March 2011

Source: www.telegraph.co.uk

Legal bodies fear government interference – Law Society’s Gazette

Posted March 10th, 2011 in internet, legal ombudsman, Legal Services Board, news by sally

“The independence of the legal profession is being threatened by government ‘diktats’ ordering that the websites of three legal quangos be closed, the chair of the Legal Services Consumer Panel (LSCP) told a House of Lords debate this week.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Naomi Bryant inquest: Failings in sex offender release – BBC News

Posted March 10th, 2011 in inquests, murder, news, recidivists, release on licence, sexual offences by sally

“A woman was killed by a convicted sex offender after a series of failings by the agencies involved in his release, an inquest jury has ruled.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Prisoners should be given the vote, signals watchdog – Daily Telegraph

Posted March 10th, 2011 in EC law, elections, human rights, news, prisons by sally

“Nick Hardwick, the chief inspector of prisons, signalled he was in favour of some prisoners being given the vote, despite admitting he has not come across a single inmate who wants it.”

Full story

Daily Telegraph, 10th March 2011

Source: www.telegraph.co.uk

Youths face life for boy’s murder – The Independent

Posted March 10th, 2011 in closed circuit television, gangs, murder, news, offensive weapons, young offenders by sally

“Three youths face life sentences after being found guilty today of murdering schoolboy Nicholas Pearton.”

Full story

The Independent, 10th March 2011

Source: www.independent.co.uk

Women lawyers believe they are paid less than male peers – Law Society’s Gazette

Posted March 10th, 2011 in equal pay, legal profession, news, women by sally

“Most women lawyers believe their male colleagues earn more than they do, research has suggested.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2011 in legislation by sally

The Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011

The Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011

The Social Security (Deferral of Retirement Pensions) Regulations 2011

The Children’s Homes (Amendment) Regulations 2011

The Childcare (Exemptions from Registration) (Amendment) Order 2011

The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011

The Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2011

The Driver and Vehicle Licensing Agency Trading Fund (Revocation) Order 2011

The Tribunal Procedure (Amendment) Rules 2011

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Revocation) Regulations 2011

The Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011

The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011

The Fostering Services (England) Regulations 2011

The Climate Change Levy (General) (Amendment) Regulations 2011

The Social Security (Claims and Payments) Amendment Regulations 2011

The Social Security (Miscellaneous Amendments) Regulations 2011

The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2011

The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011

The Pension Protection Fund (Prescribed Payments and Investment Costs – Amendment) Regulations 2011

The Welfare Reform Act 2009 (Commencement No. 4) Order 2011

The Pensions Act 2008 (Commencement No. 9) Order 2011

The Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty Limited) Regulations 2011

The Stamp Duty and Stamp Duty Reserve Tax (European Multilateral Clearing Facility N.V.) Regulations 2011

The Insurance Premium Tax (Discounted Insurance Premiums: Higher Rate) Order 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 10th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Everclear Ltd (BVI) v Agrest & Anor [2011] EWCA Civ 232 (09 March 2011)

Secretary of State for the Home Department v Abdi [2011] EWCA Civ 242 (09 March 2011)

Pitt & Anor v Holt & Anor [2011] EWCA Civ 197 (09 March 2011)

North Shore Ventures Ltd v Anstead Holdings, Inc & Ors [2011] EWCA Civ 230 (09 March 2011)

Bank of Scotland v Pereira & Ors [2011] EWCA Civ 241 (09 March 2011)

Nunn v Royal Mail Group Ltd [2011] EWCA Civ 244 (10 March 2011)

British Telecommunications Plc v Office of Communications & Anor [2011] EWCA Civ 245 (10 March 2011)

High Court (Queen’s Bench Division)

MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB) (09 March 2011)

Jeffers v The Labour Party [2011] EWHC 529 (QB) (10 March 2011)

High Court (Chancery Division)

Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2011] EWHC 503 (Ch) (09 March 2011)

White & Ors v Williams & Ors [2011] EWHC 494 (Ch) (10 March 2011)

High Court (Administrative Court)

Gujra, R (on the application of) v Crown Prosecution Service [2011] EWHC 472 (Admin) (09 March 2011)

Rangwani, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 516 (Admin) (9 March 2011)

Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor [2011] EWHC 519 (Admin) (09 March 2011)

High Court (Commercial Court)

Argo Systems FZE v Liberty Insurance (PTE) & Anor [2011] EWHC 301 (Comm) (21 February 2011)

Telenor East Holding II AS v Altimo Holdings & Investments Ltd & Ors [2011] EWHC B5 (Comm) (01 March 2011)

Camarata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479 (Comm) (09 March 2011)

Cassa Di Risparmio Della Repubblica Di San Marino Spa v Barclays Bank Ltd [2011] EWHC 484 (Comm) (09 March 2011)

High Court (Technology and Construction Court)

Irvin v Robertson [2010] EWHC 3723 (TCC) (21 December 2010)

Michael Phillips Architects Ltd v Riklin & Anor [2011] EWHC 27 (TCC) (12 January 2011)

Source: www.bailii.org

Council Chairman discusses sentencing on Radio 5 Live – Sentencing Council

Posted March 10th, 2011 in judges, news, sentencing by sally

“Today, Lord Justice Leveson appeared on BBC Radio 5 Live’s Victoria Derbyshire show to talk about the work of the Sentencing Council, discuss how sentencing works, clear up common misconceptions about it, and debate related issues with callers. You can listen to the show here until 15 March.”

Sentencing Council, 8th March 2011

Source: www.sentencingcouncil.org.uk

News release: New support centre for victims of rape – Ministry of Justice

Posted March 10th, 2011 in Ministry of Justice, news, rape, victims by sally

“Victims of rape and sexual violence will receive the specialist help they need following Ministry of Justice funding for four new support centres in Hereford, Trafford, Dorset and Devon said Justice Minister, Crispin Blunt.”

Full story

Ministry of Justice, 9th March 2011

Source: www.justice.gov.uk