Consumer laws undermined by gaps and complexity, say Law commissions – OUT-LAW.com

Posted October 25th, 2010 in consumer protection, news, unfair commercial practices by sally

“Consumers face many situations in which a trader has broken unfair trading regulations but they have no direct course of action, the Law Commission and Law Commission of Scotland have said. Laws that could cover consumers are too complex, they said.”

Full story

OUT-LAW.com, 25th October 2010

Source: www.out-law.com

Corporate law firm undone by boom-era excess – The Guardian

Posted October 25th, 2010 in law firms, news by sally

“The collapse of the law firm Halliwells has mesmerised the profession – and raised the question: who’s next?”

Full story

The Guardian, 22nd October 2010

Source: www.guardian.co.uk

New advocacy proposals ‘prejudice’ solicitors – Law Society’s Gazette

Posted October 25th, 2010 in advocacy, news, solicitor advocates by sally

“A proposed new quality assurance scheme for criminal advocates could prejudice solicitors because it places too much weight on the views of judges, an advocates’ group has warned.”

Full story

Law Society’s Gazette, 25th October 2010

Source: www.lawgazette.co.uk

Thirty years in jail for ‘cool’ killer of Devon pensioners – The Guardian

Posted October 25th, 2010 in murder, news, sentencing by sally

“A failed businessman who murdered a well-to-do elderly couple at their seaside home and stole from them to try to pay off his heavy debts was jailed for 30 years today.”

Full story

The Guardian, 21st October 2010

Source: www.guardian.co.uk

The Fawcett Society takes the cuts to court – The Guardian

Posted October 25th, 2010 in budgets, equality, judicial review, news, women by sally

“When feminist campaigners saw a palpable threat to women in the coalition government’s spending plans, with the help of Yvette Cooper’s calculations they launched the first ever legal challenge to the budget.”

Full story

The Guardian, 22nd October 2010

Source: www.guardian.co.uk

Coalition in the dock over prisoner voting – The Guardian

Posted October 25th, 2010 in elections, news, prisons by sally

“The government can equivocate no longer, it is legally obliged to remove the blanket ban on voting behind bars.”

Full story

The Guardian, 21st October 2010

Source: www.guardian.co.uk

The drama behind the ‘Lady C’ defence – The Independent

Posted October 25th, 2010 in artistic works, news, obscenity by sally

“Fifty years after the D H Lawrence obscenity trial, David Randall reveals some bizarre behind-the-scenes theatrics.”

Full story

The Independent, 24th October 2010

Source: www.independent.co.uk

Peta’s use of nude models fuels row with UK film-maker – The Guardian

Posted October 25th, 2010 in advertising, animal cruelty, copyright, news by sally

“The use of naked models and actresses to highlight animal cruelty is at the heart of a dispute between high-profile activists that could end in court.”

Full story

The Guardian, 24th October 2010

Source: www.guardian.co.uk

Former PE teacher jailed for Scarborough child abuse – BBC News

Posted October 22nd, 2010 in child abuse, news, sentencing, sexual offences by sally

“A former PE teacher who abused young girls in North Yorkshire more than 30 years ago has been jailed.”

Full story

BBC  News, 22nd October 2010

Source: www.bbc.co.uk

Solicitor jailed for £250,000 fraud – The Independent

Posted October 22nd, 2010 in client accounts, fraud, news, sentencing, solicitors by sally

“A solicitor was jailed for five years today after pleading guilty to fraud offences, which benefited him to the tune of almost £250,000, police said.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

999 call handler sacked after police delay in murder case – The Independent

Posted October 22nd, 2010 in complaints, disciplinary procedures, murder, news, police, professional conduct by sally

“A call handler was sacked after an investigation into why police took so long to respond to the 999 calls of a woman who was murdered by an ex-boyfriend.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Cottingham Lazaat hotel raid: armed teenagers jailed – BBC News

Posted October 22nd, 2010 in burglary, conspiracy, news, sentencing by sally

“Four teenagers have been jailed after an armed raid at an East Yorkshire hotel left a night porter ‘terrified.’ ”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk

Jilted ex-boyfriend found guilty of Asha Muneer murder – BBC News

Posted October 22nd, 2010 in murder, news, sentencing by sally

“A jilted teenager has been jailed for life after being found guilty of murdering his ex-girlfriend by stabbing her to death on a river towpath.”

Full story

BBC News, 22nd October 2010

Source: www.bbc.co.uk

Man convicted of parents’ manslaughter in south London – BBC News

Posted October 22nd, 2010 in domestic violence, homicide, news by sally

“A man has been jailed indefinitely for killing his parents at their home in south London after they criticised him for being in bed with a hangover.”

Full story

BBC News, 22nd October 2010

Source: www.bbc.co.uk

Baby P social workers lose unfair dismissal claim – The Independent

Posted October 22nd, 2010 in child abuse, news, social services, unfair dismissal by sally

“Two social workers sacked over the Baby P tragedy have lost their claim for unfair dismissal, it emerged today.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Taxi driver jailed for drugging and attacking girls – Daily Telegraph

Posted October 22nd, 2010 in rape, sentencing, sexual offences by sally

“A taxi driver, Phillip Brindle, has been jailed for life after being convicted of drugging girls and filming himself attacking them.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

Priest jailed for 21 years on child abuse charges – Daily Telegraph

Posted October 22nd, 2010 in abuse of position of trust, child abuse, clergy, news, sentencing, sexual offences by sally

“A former priest, James Robinson, who fled to the United States 25 years ago has been jailed for 21 years for the sexual abuse of young boys which began in the 1950s.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Aktas v Adepta (A Registered Charity) [2010] EWCA Civ 1170 (22 October 2010)

Wilkinson & The Estate of Brian Wilkinson v Farmer [2010] EWCA Civ 1148 (22 October 2010)

Law Debenture Trust Corporation Plc v Elektrim SA & Anor [2010] EWCA Civ 1142 (22 October 2010)

Oakes, R (on the application of) v Secretary of State for Justice & Ors [2010] EWCA Civ 1169 (22 October 2010)

Dry, R (on the application of) v West Oxfordshire District Council [2010] EWCA Civ 1143 (21 October 2010)

Eminence Property Developments Ltd. v Heaney [2010] EWCA Civ 1168 (21 October 2010)

Court of Appeal (Criminal Division)

LM & Ors v R. [2010] EWCA Crim 2327 (21 October 2010)

High Court (Chancery Division)

Fanmailuk.Com Ltd & Anor v Cooper & Ors [2010] EWHC 2647 (Ch) (21 October 2010)

BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor [2010] EWHC 2642 (Ch) (21 October 2010)

Enterprise Inns Plc v The Forest Hill Tavern Public House Ltd & Ors [2010] EWHC 2368 (Ch) (21 October 2010)

Anglo Continental Educational Group (Gb) Ltd v ASN Capital Investments Ltd [2010] EWHC 2649 (Ch) (21 October 2010)

High Court (Commercial Court)

Masri v Consolidated Contractors International Company Sal [2010] EWHC 2640 (Comm) (21 October 2010)

Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm) (21 October 2010) 

High Court (Queen’s Bench Division)

Gray v UVW [2010] EWHC 2367 (QB) (21 October 2010)

Dowson & Ors v Chief Constable of Northumbria Police (Rev 1) [2010] EWHC 2612 (QB) (20 October 2010)

High Court (Technology & Construction Court)

Bewley Homes Plc v CNM Estates (Surbiton) Ltd [2010] EWHC 2619 (TCC) (21 October 2010)

Source: www.bailii.org

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) – WLR Daily

Posted October 22nd, 2010 in contracts, guarantees, law reports, sale of goods by sally

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)[2010] EWCA Civ 1145; [2010] WLR (D) 259

“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”

WLR Daily, 20th October 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (King) v Secretary of State for Justice – WLR Daily

Posted October 22nd, 2010 in disciplinary procedures, human rights, law reports, prisons by sally

Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258

“The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. Within the autonomous meaning afforded to civil rights by the European Court of Human Rights, a prisoner’s residual right of association was a ‘civil right’ within art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 20th October 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.