British atom bomb test veterans lose damages case – The Guardian

Posted November 23rd, 2010 in armed forces, damages, experiments, news, nuclear weapons, personal injuries by sally

“Atomic bomb test veterans who blame their ill health on exposure to radioactive fallout today lost their case for damages against the Ministry of Defence.”

Full story

The Guardian, 22nd November 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 22nd, 2010 in legislation by sally

The Fixed Penalty (Amendment) Order 2010

The Breaks for Carers of Disabled Children Regulations 2010

The Animal Feed (Wales) Regulations 2010

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B and D) Order 2010

The Freedom of Information (Time for Compliance with Request) Regulations 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 22nd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Kuku, R. v [2010] EWCA Crim 2533 (13 October 2010)

Court of Appeal (Civil Division)

KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors [2010] EWCA Civ 1260 (18 November 2010)

Starglade Properties Ltd v Nash [2010] EWCA Civ 1314 (19 November 2010)

Tilson v Alstom Transport [2010] EWCA Civ 1308 (19 November 2010)

Ingram v Williams [2010] EWCA Civ 1313 (19 November 2010)

High Court (Queen’s Bench Division)

JIH v News Group Newspapers Ltd (No. 2) [2010] EWHC 2979 (QB) (18 November 2010)

High Court (Chancery Division)

Tim Martin Interiors Ltd. v Akin Gump Llp [2010] EWHC 2951 (Ch) (17 November 2010)

Pearson & Ors v Lehman Brothers Finance SA & Ors [2010] EWHC 2914 (Ch) (19 November 2010)

High Court (Administrative Court)

Office of the Prosecutor General of Turin v Barone [2010] EWHC 3004 (Admin) (19 November 2010)

EO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3000 (Admin) (19 November 2010)

High Court (Patents Court)

Cephalon, Inc & Ors v Orchid Europe Ltd & Anor [2010] EWHC 2945 (Pat) (19 November 2010)

Source: www.bailii.org

Emerald Supplies Ltd and another v British Airways plc – WLR Daily

Emerald Supplies Ltd and another v British Airways plc [2010] EWCA Civ 1284; [2010] WLR (D) 294

“For a case to fall within CPR r 19.6, a claimant who had brought a representative action on behalf of the claimant and other representative claimants had to show at all stages of the proceedings that the interest of the claimant and all potential represented claimants was same.”

WLR Daily, 19th November 2010

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.

Pc dismissed for raping woman in police locker room – BBC News

Posted November 22nd, 2010 in disciplinary procedures, news, police, rape by sally

“A Metropolitan Police (Met) officer has been dismissed for raping a woman in a police locker room.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Ministers plan to close jails as part of bid to cut number of prisoners – The Guardian

Posted November 22nd, 2010 in news, prisons by sally

“The government wants to close two jails in anticipation of a raft of new policies aimed at cutting the prison population. The probation officers’ union, Napo, said it had learned that the government was considering the closure of Dartmoor and Lancaster Castle prisons, returning them to the duchies of Cornwall and Lancaster.”

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

Legal aid cuts could make pro bono work a social duty for law firms – The Guardian

Posted November 22nd, 2010 in law firms, legal aid, news, pro bono work by sally

“Is it a good idea to rely on organisations whose priority is making money to provide legal advice for those who can’t afford it?”

Full story

The Guardian, 19th November 2010

Source: www.guardian.co.uk

Council house tenants set for eviction rule change – The Guardian

Posted November 22nd, 2010 in housing, local government, news by sally

Councils are to be given powers to evict or transfer new tenants after as little as two years if their financial circumstances improve, under plans to be unveiled tomorrow.

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

Google agrees to delete private data gathered by Street View cars – The Independent

Posted November 22nd, 2010 in internet, news, privacy by sally

“Google has agreed to delete all the personal data its Street View cars collected from unsecured wireless networks and will introduce new training and guidance for its staff, the Information Commissioner said yesterday.”

Full story

The Independent, 20th November 2010

Source: www.independent.co.uk

Maidstone hospital error leads to £4.5m pay-out – BBC News

Posted November 19th, 2010 in compensation, hospitals, negligence, news by sally

“The husband of a woman left brain damaged by a delay in treating a tumour has said a £4.5m compensation pay-out cannot make up for what she has lost.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Theresa May drops plans for stop-and-search laws targeting ethnic minorities – The Guardian

Posted November 19th, 2010 in minorities, news, stop and search by sally

“Controversial plan to bring back police ‘sus’ stop-and-search laws targeting black and Asian people axed by Theresa May.”

Full story

The Guardian, 18th November 2010

Source: www.guardian.co.uk

Polluting plant nursery in Norfolk is fined – BBC News

Posted November 19th, 2010 in environmental protection, fines, news, pollution by sally

“A plant nursery has has been fined £10,000 after polluting five miles of a stream in Norfolk.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Girl sentenced over Wolverhampton war memorial graffiti – BBC News

Posted November 19th, 2010 in criminal damage, monuments, news, sentencing, young offenders by sally

“A teenage girl who vandalised a city’s cenotaph has been told her actions were ‘despicable’.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Governments should have to justify privacy-affecting laws, says ICO – OUT-LAW.com

Posted November 19th, 2010 in legislation, news, privacy by sally

“Governments should be forced to report on the impact of laws which affect citizens’ privacy after they have come into force, telling Parliament whether those laws have worked and what privacy rights have been infringed, the UK’s privacy watchdog has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, news by sally

“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

BAILII: Recent Decisions

Posted November 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 1285 (18 November 2010)

Whitney v Monster Worldwide Ltd [2010] EWCA Civ 1312 (18 November 2010)

Emerald Supplies Ltd & Anor v British Airways Plc [2010] EWCA Civ 1284 (18 November 2010)

Court of Appeal (Criminal Division)

Ali v The Crown [2010] EWCA Crim 2665 (18 November 2010)

High Court (Administrative Court)

Flattery & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWHC 2868 (Admin) (18 November 2010)

High Court (Commercial Court)

Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)

High Court (Queen’s Bench Division)

Fallon (A Child) v Wilson [2010] EWHC 2978 (QB) (18 November 2010)

Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010] EWHC 2867 (QB) (18 November 2010)

Source: www.bailii.org

Government rethinks TUPE stance – Law Society’s Gazette

Posted November 19th, 2010 in news, pensions, transfer of undertakings by sally

“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”

Full story

Law Society’s Gazette, 18th November 2010

Source: www.lawgazette.co.uk

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, law reports by sally

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 2010

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.

C v D and another – WLR Daily

Posted November 19th, 2010 in civil procedure rules, law reports, part 36 offers, time limits by sally

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 2010

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.

Recent Statutory Instruments – legislation.gov.uk

Posted November 19th, 2010 in legislation by sally

The Road Safety (Financial Penalty Deposit) (Amendment) Order 2010

Source: www.legislation.gov.uk