Road rage killer Kenneth Noye granted fresh appeal bid – The Independent
“Road rage killer Kenneth Noye was today granted a fresh chance to appeal against his conviction for murder.”
The Independent, 14th October 2010
Source: www.independent.co.uk
Contempt laws to stay despite online onslaught – The Guardian
“The attorney general has dismissed calls to scrap laws that prevent publication of prejudicial information about unconvicted defendants.”
The Guardian, 14th October 2010
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Gisda Cyf v Barratt [2010] UKSC 41 (13 October 2010)
Court of Appeal (Criminal Division)
Shah v R [2010] EWCA Crim 2326 (13 October 2010)
Dorset County Council v House (Rev 1) [2010] EWCA Crim 2270 (13 October 2010)
O & H, R v [2010] EWCA Crim 2233 (13 October 2010)
King v Secretary of State for Justice [2010] EWCA Crim 2522 (13 October 2010)
Court of Appeal (Civil Division)
Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113 (13 October 2010)
Herbert v Doyle & Anor [2010] EWCA Civ 1095 (13 October 2010)
Competition Commission v BAA Ltd & Anor [2010] EWCA Civ 1097 (13 October 2010)
Soufflet Negoce SA v Bunge SA [2010] EWCA Civ 1102 (13 October 2010)
Metropolitan Police Authority v Laws [2010] EWCA Civ 1099 (13 October 2010)
High Court (Queen’s Bench Division)
Bold v Urbisity Ltd [2010] EWHC 2530 (QB) (13 October 2010)
High Court (Administrative Court)
King v Secretary of State for Justice [2010] EWHC 2522 (Admin) (13 October 2010)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2010
The Financial Services Act 2010 (Commencement No. 1 and Transitional Provision) Order 2010
The Community Legal Service (Funding) (Amendment No. 2) Order 2010 (Revocation) Order 2010
Source: www.legislation.gov.uk
Letter of dismissal took effect on reading, not sending, says Supreme Court – OUT-LAW.com
“The firing of an employee only took effect when she read the letter informing her of her dismissal, which was nearly a week after a disciplinary hearing and four days after the letter arrived at her home, the Supreme Court has ruled.”
OUT-LAW.com, 14th October 2010
Source: www.out-law.com
Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily
“Legal advice privilege applied only to advice given by a member of the legal profession.”
WLR Daily, 13th 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.
Broomleigh Housing Association Ltd v Okonkwo – WLR Daily
Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113; [2010] WLR (D) 251
“If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. A judge had a discretion whether to make such an order and should exercise it, and be seen to exercise it, with due regard to its seriousness.”
WLR Daily, 13th 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.
Gisda Cyf v Barratt – WLR Daily
Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250
“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”
WLR Daily, 13th 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.
In re Stakefield (Midlands) Ltd and others – WLR Daily
In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249
“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”
WLR Daily, 13th 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.
Pieretti v Enfield London Borough Council – WLR Daily
Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248
“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”
WLR Daily, 13th 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.
Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport – WLR Daily
“The Secretary of State for Transport was entitled to refuse to grant operating permits to a Turkish airline and travel agent to allow them to operate scheduled and chartered flights between the United Kingdom and northern Cyprus.”
WLR Daily, 13th 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.
Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily
“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”
WLR Daily, 13th 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.
Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) – WLR Daily
“An inquiry pursuant to s 86(3) of the School Standards and Framework Act 1998 into whether compliance with a parent’s preference as to the school at which he wished education to be provided for his child would prejudice the provision of efficient education or the efficient use of resources was to be assessed objectively.”
WLR Daily, 13th October 2010
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.
Chancery Lane publishes Jackson review response – Law Society’s Gazette
“The Law Society today warned against piecemeal implementation of Lord Justice Jackson’s proposals on civil litigation costs, telling the government that this could be ‘very damaging’ to access to justice. Jackson himself has said that his reforms will not succeed unless they are implemented as a whole.”
Law Society’s Gazette, 14th October 2010
Source: www.lawgazette.co.uk
Lord Saville defends millions in fees to Bloody Sunday lawyers – Daily Telegraph
“Lord Saville of Newdigate defended the cost and length of the £200 million inquiry, which took more than 11 years, saying that it could not have been done cheaply or quickly if it was to be ‘thorough’.”
Daily Telegraph, 13th October 2010
Source: www.telegraph.co.uk
The Bribery Act and how in-house counsel can help combat corruption – Law Society’s Gazette
“In July the Ministry of Justice (MoJ) announced that the Bribery Act will not come into force until April 2011, a full year after it received royal assent. At the same time, it promised to issue guidance to enable commercial organisations to understand the concept of ‘adequate procedures’. This guidance is the subject of a consultation process, managed by the MoJ, with a closing date for responses set for 8 November.”
Full story
Law Society’s Gazette, 14th October 2010
Source: www.lawgazette.co.uk
The case for diversity: legal profession’s white, male legacy persists – The Guardian
“This week saw the release of the Equality and Human Rights Commission report entitled How Fair is Britain. Today (13 October), at a high-level conference at Westminster University, original research examining structural inequalities in the legal services sector [pdf] will be unveiled.”
The Guardian, 13th October 2010
Source: www.guardian.co.uk
Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette
“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”
Law Society’s Gazette, 14th October 2010
Source: www.lawgazette.co.uk
Ricin trial illustrates the importance of juries – The Guardian
“It is five years since the jurors filed back into the Old Bailey to give their verdict in what has become known as the ‘ricin plot’ trial. After a six-month trial, 17 days of deliberations, and an estimated £20m of taxpayers’ money, four defendants were acquitted and the fifth was found guilty of the lesser charge of conspiracy to cause a public nuisance.”
The Guardian, 13th October 2010
Source: www.guardian.co.uk
‘Fewer attackers jailed’ under new sentencing guidelines – The Independent
“Thousands of attackers will be allowed to walk free from court under proposed new guidelines for assault cases, the Sentencing Council said today.”
The Independent, 13th October 2010
Source: www.independent.co.uk
