Rise in divorce actions puts extra strain on children, solicitors warn – The Guardian

Posted November 9th, 2009 in children, divorce, news by sally

“The number of divorce and separation cases being fought in the courts that involve children has risen, with £151m of legal aid money being spent on litigation, according to figures released today.”

Full story

The Times, 9th November 2009

Source: www.timesonline.co.uk

Chief prosecutor demands curb on police cautions – The Times

Posted November 9th, 2009 in news by sally

“The top prosecutor has demanded an end to the use of police cautions to deal with thousands of serious assaults every year amid concern that the justice system is failing to rein in violent offenders.”

Full story

The Times, 8th November 2009

Source: www.timesonline.co.uk

Foreign media count cost of UK libel laws – The Guardian

Posted November 9th, 2009 in defamation, news by sally

“Britain’s reputation for ‘libel tourism’ is driving American and foreign publishers to consider abandoning the sale of newspaper and magazines in Britain and may lead to them blocking access to websites, MPs have been warned.”

Full story

The Guardian, 9th November 2009

Source: www.guardian.co.uk

Fixed penalties are efficient and cost-effective. But is it justice? – The Times

Posted November 9th, 2009 in news by sally

“Nearly half of all crimes — or 700,000 a year — are handled outside the courts, including shoplifting, burglary and assault. Under a drive in the past decade towards swift, summary justice, police have been given wide powers to impose cautions and fines (fixed penalty notices), and prosecutors can impose conditional cautions.”

Full story

The Times, 9th November 2009

Source: www.timesonline.co.uk

Revealed: Government’s ‘heartless’ treatment of forced marriage victims – The Independent

Posted November 9th, 2009 in forced marriages, news, victims by sally

“British citizens who have been forced into marriages overseas are being asked to cover the costs of their repatriation to the UK, The Independent has learnt.”

Full story

The Independent, 9th November 2009

Source: www.independent.co.uk

LSB consumer panel to examine referral fees – Law Society’s Gazette

Posted November 9th, 2009 in consumer protection, fees, Legal Services Board, news by sally

“The Legal Services Board’s new consumer panel will examine referral fees as the very first item on its agenda when it meets for the first time later this month, the Gazette has learned.”

Full story

Law Society’s Gazette, 9th November 2009

Source: www.lawgazette.co.uk

Caution for assault ‘will one day be followed by murder’ – The Times

Posted November 9th, 2009 in assault, cautions, news by sally

“Concern is increasing among judges and magistrates that thousands of cautions are being handed out by police or prosecutors for violent assaults that should come before courts.”

Full story

The Times, 9th November 2009

Source: www.timesonline.co.uk

MPs to face ‘trial’ if they refuse to repay expenses claims – Daily Telegraph

Posted November 9th, 2009 in expenses, news, parliament by sally

“MPs who refuse to repay excessive or incorrect expenses claims could be forced to appear in public before a High Court judge to plead their case.”

Full story

Daily Telegraph, 8th November 2009

Source: www.telegraph.co.uk

Network set up to support lawyers defending journalists – The Guardian

Posted November 9th, 2009 in freedom of expression, media, news by sally

“The Media Legal Defence Initiative, launched last week, aims to help journalists around the world by providing lawyers willing to fight for media freedoms.”

Full story

The Guardian, 9th November 2009

Source: www.guardian.co.uk

Serving soldier avoids jail term – BBC News

Posted November 6th, 2009 in affray, armed forces, news, sentencing by sally

“A soldier has avoided jail because of ‘his service to his country.’ ” 

Full story

BBC news, 6th November 2009

Source: www.bbc.co.uk

Praying murderer jailed for life – BBC News

Posted November 6th, 2009 in murder, news, sentencing by sally

“A man overheard praying for forgiveness after murdering his pregnant girlfriend’s mother has been jailed for life by a judge at the Old Bailey.”

Full story

BBC News, 6th November 2009

Source: www.bbc.co.uk

Exclusion clauses may fragment after High Court ruling – OUT-LAW.com

Posted November 6th, 2009 in contracts, exclusion clauses, news by sally

“Wording in a contract that seeks to exclude liability in a contract is more vulnerable to being struck out than lawyers previously thought. A ruling suggests that exclusion clauses are more likely to be effective when broken into separate terms.”

Full story

OUT-LAW.com, 5th November 2009

Source: www.out-law.com

Preferential lighting rendered ad misleading, rules ASA – OUT-LAW.com

Posted November 6th, 2009 in advertising, news by sally

“An advertiser broke the rules when it used better lighting, posing and colours in the ‘before’ than the ‘after’ pictures in a cosmetics ad, regulator the Advertising Standards Authority (ASA) has said.”

Full story

OUT-LAW.com, 5th November 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted November 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

SA (Kuwait) v Secretary of State for the Home Department [2009] EWCA Civ 1157 (05 November 2009)

Scopelight Ltd & Ors v Chief of Police for Northumbria, Federation Against Copyright Theft Ltd [2009] EWCA Civ 1156 (05 November 2009)

High Court (Administrative Court)

Health & Safety Executive v Wolverhampton City Council & Anor [2009] EWHC 2688 (Admin) (05 November 2009)

High Court (Commercial Court)

HHR Pascal BV v W2005 Puppet II BV [2009] EWHC 2771 (Comm) (05 November 2009)

Source: www.bailii.org

 

Firms settle trademark dispute – Law Society’s Gazette

Posted November 6th, 2009 in law firms, news, trade marks by sally

“Nottingham firm Paragon Law has forced West Bromwich and Peterborough firm Paragon Solicitors to change its name and pay legal costs after a trade mark dispute.”

Full story

Law Society’s Gazette, 5th November 2009

Source: www.lawgazette.co.uk

Insurance Contract Law – Law Commission

Posted November 6th, 2009 in contracts, insurance, press releases by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 5th November 2009

Source: www.lawcom.gov.uk

 

Attorney General encourages prosecutors to explain sentences and issues revised guidance on pleas and sentencing – Attorney General’s Office

Posted November 6th, 2009 in Crown Prosecution Service, press releases, sentencing, victims by sally

“Victims and their families should fully understand what a sentence means in practice, and CPS prosecutors can play a key role in explaining, the Attorney General, Baroness Scotland QC, said today.”

Full press release

Attorney General’s Office, 5th November 2009

Source: www.attorneygeneral.gov.uk

R (Chester) v Secretary of State for Justice and another – WLR Daily

R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316

“Where a United Kingdom court had made a declaration of incompatability [sic] pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further vindication of the claimants rights was necessary, the court would not exercise its discretion so as to make a further declaration of incompatability in respect of the same or similar legislation.”

WLR Daily, 4th November 2009

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.

Grainger plc v Nicholson – WLR Daily

Posted November 6th, 2009 in belief discrimination, climate change, law reports, unfair dismissal by sally

Grainger plc v Nicholson UKEAT/219/09; [2009] WLR (D) 315

“An asserted philosophical belief that mankind was heading towards catastrophic climate change and therefore people were under a moral duty to lead their lives in a manner which mitigated or avoided that catastrophe for the benefit of future generations, and to persuade others to do the same, if genuinely held was capable of amounting to a ‘philosophical belief’ for the purpose of the Employment Equality (Religion or Belief) Regulations 2003.”

WLR Daily, 4th November 2009

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.

 

EBR Attridge Law LLP and another v Coleman – WLR daily

Posted November 6th, 2009 in law reports by sally

EBR Attridge Law LLP and another v Coleman UKEAT/71/09; [2009] WLR (D) 314

“The Disability Discrimination Act 1995 should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harrassed on the ground of their association with a person who was disabled.”

WLR Daily, 4th November 2009

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.