Recent Statutory Instruments – OPSI

Posted December 16th, 2008 in legislation by sally

R v Winters – WLR Daily

Posted December 16th, 2008 in confiscation, drug trafficking, law reports by sally

R v Winters:[2008] EWCA Crim 2953; [2008] WLR (D) 387

For the purpose of making the required assumptions in relation to determining whether the defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that expenditure on mortgage payments was incurred by the defendant out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”

WLR Daily, 15th December 2008

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.


Savage v South Essex Partnership NHS Foundation Trust – WLR Daily

Posted December 16th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386

Where there was a real and immediate risk of a patient detained in a mental hospital committing suicide, art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, imposed an operational obligation on the medical authorities to do all that could reasonably be expected of them to prevent him doing so.”

WLR Daily, 15th December 2008

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.

Myerson v Myerson – WLR Daily

Posted December 16th, 2008 in consent orders, divorce, financial dispute resolution, law reports by sally

Myerson v Myerson; [2008] WLR (D) 385

A judge who had made an order, by consent, at the conclusion of a successful financial dispute resolution, could not then decide subsidiary issues on which the parties had subsequently failed to reach agreement.”

WLR Daily, 15th December 2008

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.

Morshead Mansions Ltd v Di Marco – WLR Daily

Posted December 16th, 2008 in landlord & tenant, law reports, leases, service charges by sally

Morshead Mansions Ltd v Di Marco [2008] EWCA Civ 1371; [2008] WLR (D) 384

There was a distinction between the liability of a tenant to pay a service charge to the landlord under the terms of a lease, which was limited by s 18 of the Landlord and Tenant Act 1985, and the liability of the members of a company landlord, in which all the tenants were shareholders, to the company under separate contracts made in and pursuant to the articles of association, to establish and recover contributions to a recovery fund.”

WLR Daily, 15th December 2008

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.

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily

Posted December 16th, 2008 in costs, fees, law reports, personal injuries, solicitors by sally

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening)[2008] EWCA Civ 1375; [2008] WLR (D) 383

The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”

WLR Daily, 15th December 2008

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 M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports

Posted December 16th, 2008 in judgments, law reports, reasons by sally

In re M (a Child) (Nonaccidental injury: Burden of proof)

Court of Appeal

“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”

The Times, 16th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Chargot and Others – Times Law Reports

Posted December 16th, 2008 in burden of proof, health & safety, law reports by sally

Regina v Chargot and Others

House of Lords

“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”

The Times, 16th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Young black people and the criminal justice system – first annual report – Ministry of Justice

Posted December 16th, 2008 in criminal justice, minorities, reports, young offenders by sally

“The Home Affairs Select Committee published on 15 June 2007 the report of its inquiry ‘Young Black People and the Criminal Justice System’, which considered how to tackle the over-representation of young black people in the criminal justice system. The government published its formal response on 18 October 2007. Detailed proposals for the delivery of improved outcomes for young black people were published on 13 December 2007, which set out the governance and reporting arrangements for delivering the government’s commitments. One of the commitments made was to provide the committee with an annual report of progress in each year up to 2011. This is the first annual report.”

Full report

Ministry of Justice, 16th December 2008

Source: www.justice.gov.uk

Approach to restraint of young people to be overhauled following independent review – Ministry of Justice

Posted December 16th, 2008 in detention, press releases, restraint, young offenders by sally

“The approach to the restraint of young people in young offender institutions, secure training centres and secure children’s homes (under-18 secure estates) is to be overhauled, the government announced today. ”

Full press release

Ministry of Justice,  15th December 2008

Source: www.justice.gov.uk

Veil of secrecy on family courts to be lifted, Jack Straw to announce – Daily Telegraph

Posted December 16th, 2008 in family courts, news by sally

“The veil of secrecy surrounding care proceedings and the family courts will finally be lifted, Justice Secretary Jack Straw is expected to announce.”

Full story 

Daily Telegraph, 16th December 2008

Source: www.telegraph.co.uk

‘Barrister’ who bought wig and robes on eBay is jailed – The Times

Posted December 16th, 2008 in impersonating a barrister, news, sentencing by sally

“A man who posed as a barrister at a series of court hearings after buying his robes and wig on eBay was jailed for two years yesterday.”

Full story

The Times, 16th December 2008

Source: www.timesonline.co.uk

Guy Ritchie gets £50m from Madonna in divorce settlement – The Times

Posted December 16th, 2008 in divorce, news by sally

“Guy Ritchie will receive almost £50 million in cash and property in what may be the largest divorce settlement paid to a man, a spokeswoman for his former wife, Madonna, said last night. The film director and the pop singer were granted a divorce settlement in the High Court last month.”

Full story 

The Times, 16th December 2008

Source: www.timesonline.co.uk

Town halls banned from using spy laws for petty offences – Daily Telegraph

Posted December 16th, 2008 in investigatory powers, local government, news by sally

“Town halls are to be banned from using anti-terror laws to spy on the public for petty offences, the Home Secretary is due to announce.”

Full story

Daily Telegraph, 16th December 2008

Source: www.bbc.co.uk

Controversial restraint technique linked to death of child in custody banned – Daily Telegraph

Posted December 16th, 2008 in news, restraint, young offenders by sally

“A controversial restraint technique linked to the death of a child in custody has been banned as the Government announced a major overhaul of control methods in youth detention.”

Full story

Daily Telegraph, 15th December 2008

Source: www.telegraph.co.uk

Scarlett Johansson threatens to sue Cosmopolitan in dispute over quotes – The Guardian

Posted December 16th, 2008 in defamation, media, news by sally

“Hollywood actor Scarlett Johansson has accused Cosmopolitan magazine’s UK edition of running fabricated quotes in a cover story interview and is threatening to sue the title.”

Full story

The Guardian, 16th December 2008

Source: www.guardian.co.uk

Ofgem turns up pressure on energy companies over unfair pricing – The Guardian

Posted December 16th, 2008 in consumer protection, energy, news by sally

“Energy industry regulator, Ofgem, this morning stepped up the pressure on Britain’s big six energy suppliers over unfair pricing. The regulator acknowledged the companies were on the way to stripping out up to £500m in unfair premiums for customers such as those using pre-payment meters, including many disadvantaged households, but said it wanted faster action. Today it announced that it is launching a consultation process to look at changes to the energy companies’s licences to ban unfair pricing and protect consumers.”

Full story

The Guardian, 16th December 2008

Source: www.guardian.co.uk

Binge-drinking killer sentenced – BBC News

Posted December 16th, 2008 in complaints, homicide, news, police, sentencing, young offenders by sally

“A teenager has been sentenced to eight years in a young offenders’ institution for killing a man who tried to give medical help to his drunken friend.”

Full story

BBC News, 15th December 2008

Source: www.bbc.co.uk

Council to sue £21m over Bath Spa – BBC News

Posted December 16th, 2008 in building law, contracts, delay, news by sally

“Bath and North East Somerset Council is to sue a building firm for £21m after a luxury spa opened five years late.”

Full story

BBC News, 15th December 2008

Source: www.bbc.co.uk

Killing of Good Samaritan ‘could have been avoided’ after police blunder – Daily Telegraph

Posted December 16th, 2008 in complaints, homicide, news, police, young offenders by sally

“A teenager who kicked a Good Samaritan to death had carried out a similar brutal street attack two months earlier but police failed to deal with the initial crime properly, a court has heard.”

Full story 

Daily Telegraph, 15th December 2008

Source: www.telegraph.co.uk