Economic Growth and Social Equity Mean Jackson Reforms are vital to the National Interest – The Bar Council

Posted January 18th, 2010 in costs, fees, news, reports by sally

“The wide-ranging review of the cost of accessing the civil justice system must be an economic and social priority of any incoming government, the Bar Council said today.”

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The Bar Council, 15th January 2010

Source: www.barcouncil.org.uk

Outdated laws lead to rise in court disputes over legacies – The Independent

Posted January 18th, 2010 in intestacy, news by sally

“Outdated laws and complex modern family structures are combining to cause a sharp jump in the number of inheritance disputes reaching the courts.”

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The Independent, 17th January 2010

Source: www.independent.co.uk

Two and a half years on and still no verdict on MMR scare – The Independent

Posted January 18th, 2010 in disciplinary procedures, doctors, medicines, news, professional conduct by sally

“The GMC’s case against Andrew Wakefield has cost over £1m – so far. Jeremy Laurance, health editor, reports.”

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The Independent, 16th January 2010

Source: www.independent.co.uk

Abuse of pre-pack deals ‘could turn Britain into an insolvency brothel’ – The Times

Posted January 18th, 2010 in news by sally

“Britain is in danger of becoming the ‘bankruptcy brothel of the world’, it was claimed yesterday, as furious creditors prepared a landmark legal challenge over the country’s largest pre-pack administration.”

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The Times, 18th January 2010

Source: www.timesonline.co.uk

Office of Fair Trading takes prize draw companies to court – The Guardian

Posted January 18th, 2010 in gambling, news, unfair commercial practices by sally

“More than two years after Guardian Money highlighted the questionable tactics of two prize draw promotions companies, Britain’s consumer watchdog is launching court action aimed at putting a stop to their ‘deceptive’ practices.”

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The Guardian, 16th January 2010

Source: www.guardian.co.uk

Airport body scanners could ‘breach human rights’ – Daily Telegraph

Posted January 18th, 2010 in airports, news, privacy by sally

“Airport body scanners, which show the naked form of anyone who passes through them, could breach human rights, according to the UK’s equality watchdog.”

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Daily Telegraph, 17th January 2010

Source: www.telegraph.co.uk

Free music site creator cleared in fraud case – The Independent

Posted January 15th, 2010 in conspiracy, copyright, fraud, internet, news by sally

“A man accused of running one of the world’s largest music sharing websites was today acquitted of conspiracy to defraud.”

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The Independent, 15th January 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted January 15th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Henry v Thames Valley Police [2010] EWCA Civ 5 (14 January 2010)

Head, R (on the application of) v Social Security Commissioner & Anor [2010] EWCA Civ 3 (14 January 2010)

Low & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 4 (14 January 2010)

High Court (Chancery Division)

Dore & Ors (“BOTHCA”) v Leicestershire County Council & Ors [2010] EWHC 34 (Ch) (15 January 2010)

Megtian Ltd v HM Revenue & Customs [2010] EWHC 18 (Ch) (15 January 2010)

Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC 3484 (Ch) (16 December 2009)

Croly v Good & Ors [2010] EWHC 1 (Ch) (08 January 2010)

Ailyan & Ors v Smith & Ors [2010] EWHC 24 (Ch) (08 January 2010)

High Court (Administrative Division)

Director of Revenue and Customs Prosecutions, R (on the application of) v Birmingham Magistrates’ Court & Anor [2010] EWHC 12 (Admin) (15 January 2010)

High Court (Family Division)

Imerman v Imerman [2009] EWHC 3486 (Fam) (11 December 2009)

High Court (Commercial Court)

Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWHC 11 (Comm) (15 January 2010)

Source: www.bailii.org

Peer drops damages-quantification amendment to digital bill – OUT-LAW.com

Posted January 15th, 2010 in bills, copyright, damages, internet, news by sally

“A Conservative peer who had proposed forcing copyright holders to detail the exact damage they suffered when trying to force alleged infringers off the internet will drop the plan. Lord Lucas told OUT-LAW Radio that he would ‘not pursue’ the proposal.”

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OUT-LAW.com, 15th January 2010

Source: www.out-law.com

West Yorkshire nail bomb maker jailed for 11 years – BBC News

Posted January 15th, 2010 in explosives, news, offensive weapons, sentencing, terrorism by sally

“A man who admitted making nail bombs at his West Yorkshire home has been jailed for 11 years.”

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BBC News, 15th January 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted January 15th, 2010 in legislation by sally

The Common Agricultural Policy Single Payment and Support Schemes (Appeals) Regulations 2010

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010

The Proscribed Organisations (Name Changes) Order 2010

The Policing and Crime Act 2009 (Commencement No. 2) Order 2010

The Tribunal Procedure (Amendment No. 2) Rules 2010

The Tribunal Procedure (Amendment) Rules 2010

The First-tier Tribunal (Gambling) Fees Order 2010

The Tribunals, Courts and Enforcement Act 2007 (Miscellaneous Provisions) Order 2010

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2010

The Perpetuities and Accumulations Act 2009 (Commencement) Order 2010

The Surrey County Council (New Thames Road Bridge, Walton) Scheme 2008 Confirmation Instrument 2009

Source: www.opsi.gov.uk

Review of Civil Litigation Costs: final report – Judiciary of England and Wales

Posted January 15th, 2010 in costs, fees, news, personal injuries, reports by sally

Review of Civil Litigation Costs: final report (PDF)

Judiciary of England and Wales, 14th January 2010

Source: www.judiciary.gov.uk

Syed v Director of Public Prosecutions – WLR Daily

Posted January 15th, 2010 in law reports, police, powers of entry, warrants by sally

Syed v Director of Public Prosecutions

“The test which should be used by a police constable to establish whether or not he was entitled under s 17(1)(e) of the Police and Criminal Evidence Act 1984 to use force to enter and search premises, without a warrant, for the purpose of ‘saving life or limb or preventing serious damage to property’ was whether some serious or dangerous incident had occurred, or was likely to occur, within the premises, and not the officer’s ‘concern for the welfare’ of someone in the premises.”

WLR Daily, 14th January 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.

Gillan and Quinton v United Kingdom – Times Law Reports

Posted January 15th, 2010 in law reports by sally

Gillan and Quinton v United Kingdom

European Court of Human Rights

Police stop and search powers under anti-terrorism legislation in the United Kingdom were too wide and not adequately safeguarded by the law against abuse.

The Times, 15th January 2010

Source: www.timesonline.co.uk

MPs to investigate solicitors’ ‘contempt of parliament’ – The Guardian

Posted January 15th, 2010 in law firms, news, parliamentary privilege by sally

“MPs today agreed to investigate an allegation that a firm of solicitors committed a contempt of parliament by trying to stop a member speaking about a constituency issue in the House of Commons.”

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The Guardian, 14th January 2010

Source: www.guardian.co.uk

End to spiralling costs urged in landmark civil justice reforms – The Times

Posted January 15th, 2010 in news by sally

“An end to the spiralling costs of going to law and the bonanza of ‘no win, no fee’ deals was signalled yesterday with a landmark report on civil justice.”

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The Times, 15th January 2010

Source: www.timesonline.co.uk

Libel trials should be heard by judges without juries, says law lord – The Times

Posted January 15th, 2010 in news by sally

“Libel trials should be heard by judges sitting without juries, Lord Justice Jackson recommends.”

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The Times, 15th January 2010

Source: www.timesonline.co.uk

Youths who killed fawn ‘for a laugh’ fined £1,000 – The Independent

Posted January 14th, 2010 in animal cruelty, news, sentencing, young offenders by sally

“Campaigners today condemned a £1,000 fine and community punishment order given to two youths who stamped a fawn to death ‘for a laugh’.”

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The Independent, 14th January 2010

Source: www.independent.co.uk

Jack Straw: review of civil litigation costs – Ministry of Justice

Posted January 14th, 2010 in costs, fees, Ministry of Justice, news, personal injuries, reports by sally

“Justice Secretary Jack Straw has thanked Sir Rupert Jackson for his comprehensive report on costs in civil litigation.”

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Ministry of Justice, 14th January 2010

Source: www.justice.gov.uk

Apology for thalidomide survivors – BBC News

Posted January 14th, 2010 in compensation, medicines, news by sally

“The government will apologise later to the victims of the thalidomide scandal after agreeing a £20m support package.”

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BBC News, 14th January 2010

Source: www.bbc.co.uk