Joseph and others v Spiller and another – WLR Daily

Posted October 28th, 2009 in contracts, law reports by sally

Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306

“Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or the contract as a whole unenforceable.”

WLR Daily, 26th October 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.

Hunt v AB – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Hunt v AB

Court of Appeal

“A person acquitted of rape did not have a cause of action in tort for malicious prosecution against the complainant, unless it could be shown that the complainant had deliberately manipulated the police and the Crown Prosecution Service into taking a course which they would not otherwise have taken.”

The Times, 28th October 2009

Source: www.timesonline.co.uk

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening

Court of Appeal

Once an impermissible donation had been made to a registered political party and the party had not returned it then a magistrates court should, on an application by the Electoral Commission, order forfeiture of an amount equal to the value of the donation.

The Times, 28th October 2009

Source: www.timesonline.co.uk

Regina v Greene (Jeremy Herbert) – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Regina v Greene (Jeremy Herbert)

Court of Appeal (Criminal Division)

“Where a judge ruled that a witness could be treated as hostile at trial within the meaning of section 3 of the Criminal Procedure Act 1865, by the party calling him but that witness did not in the event prove to be hostile, the judge still had to warn the jury to approach that witness’s evidence with caution, and the nature of that direction depended on the particular circumstances of the case.”

The Times, 28th October 2009

Source: www.timesonline.co.uk

MPs’ spouses ‘to fight job ban’ – BBC News

Posted October 28th, 2009 in employment, married persons, news, parliament, unfair dismissal by sally

“Spouses who are employed by MPs are preparing to look into legal action if they are barred from their jobs.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk

‘Coincidence’ that intern looked up insider dealing – The Times

Posted October 28th, 2009 in news by sally

“A City intern accused of leaking the details of a series of takeovers told a court today that he researched insider trading on the internet the night before his father made a crucial share purchase because he was following up on office gossip.”

Full story

The Times, 27th October 2009

Source: www.timesonline.co.uk

Inquests into the deaths of service personnel in operations and exercises overseas – Ministry of Justice

Posted October 28th, 2009 in armed forces, inquests, news by sally

“Justice Minister Bridget Prentice has made a written ministerial statement about the deaths of servicemen and women overseas.”

Full story

Ministry of Justice, 27th October 2009

Source: www.justice.gov.uk

Move to withhold evidence in torture collusion claim – The Guardian

Posted October 28th, 2009 in damages, evidence, intelligence services, news, private hearings, rendition, torture by sally

“Any evidence of MI5 and MI6 involvement in the rendition and torture of Britons now seeking damages must be heard behind closed doors, the government told the high court today (27 October).”

Full story

The Guardian, 27th October 2009

Source: www.guardian.co.uk

Councils get ‘Al Capone’ power to seize assets over minor offences – The Times

Posted October 28th, 2009 in news by sally

“Draconian police powers designed to deprive crime barons of luxury lifestyles are being extended to councils, quangos and agencies to use against the public, The Times has learnt.”

Full story

The Times, 28th October 2009

Source: www.timesonline.co.uk

Mandelson to press on with cutting internet links for download pirates – The Times

Posted October 28th, 2009 in news by sally

“Lord Mandelson will say today that he intends to press ahead with controversial measures to cut off the internet connections of people caught downloading pirated music, films or television programmes.”

Full story

The Times, 28th October 2009

Source: www.timesonline.co.uk

More than one in 10 people on DNA database for first time – Daily Telegraph

Posted October 28th, 2009 in data protection, DNA, news, police by sally

“Police forces in England and Wales have taken the profiles of 5.5 million people, meaning the proportion of the population on the system has passed a tenth for the first time.”

Full story

Daily Telegraph, 27th October 2009

Source: www.telegraph.co.uk

Secrecy bid over detainees’ case – BBC News

Posted October 28th, 2009 in closed material, damages, detention, disclosure, intelligence services, news by sally

“Lawyers for MI5 and MI6 have launched an unprecedented attempt to stop secret material being disclosed during a case brought by ex-Guantanamo Bay detainees.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk

Jewish school JFS refused to admit boy on religious grounds, court told – The Guardian

Posted October 28th, 2009 in news, race discrimination, religious discrimination, school admissions by sally

“Britain’s most successful Jewish school told the supreme court today it had discriminated against a 12-year-old boy on religious rather than racial grounds.”

Full story

The Guardian, 27th October 2009

Source: www.guardian.co.uk

Marco Pierre White allowed to sue London lawyers over seizure of papers by wife – The Times

Posted October 28th, 2009 in news by sally

“Marco Pierre White, the TV chef, can proceed with suing a top London firm of divorce lawyers after senior judges ruled that they had a case to answer over the seizure of his private documents.”

Full story

The Times, 28th October 2009

Source: www.timesonline.co.uk

Lord Chief Justice – BBC Law in Action

Posted October 28th, 2009 in judges, news by sally

“Law in Action speaks to Lord Igor Judge, who gives his first interview since taking up the post last year.”

Full story

BBC Law in Action, 27th October 2009

Source: www.bbc.co.uk

Arms protester on police spotter card was alleged infiltrator for BAE – The Guardian

Posted October 28th, 2009 in demonstrations, investigatory powers, news, police by sally

“The 2005 spotter card, published by the Guardian this week, contains a photograph of Martin Hogbin, who was national co-ordinator for the Campaign against the Arms Trade. He was later accused of supplying information to a company linked to BAE’s security department, but denied the allegation.”

Full story

The Guardian, 27th October 2009

Source: www.guardian.co.uk

Moves to stop infidelity as defence for murder defeated – Daily Telegraph

Posted October 28th, 2009 in murder, news, provocation by sally

“Peers have thrown out planned legislation to stop murder suspects claiming so-called crimes of passion in order to restrict their convictions to manslaughter.”

Full story

Daily Telegraph, 28th October 2009

Source: www.telegraph.co.uk

Statutory Instruments are often used to slip through controversial laws – The Times

Posted October 28th, 2009 in news by sally

“Most people assume that parliamentary approval involves MPs trooping through division lobbies to signal their assent on a piece of legislation.”

Full story

The Times, 28th October 2009

Source: www.timesonline.co.uk

Baby P death: lodger wins sentence appeal – The Independent

Posted October 27th, 2009 in appeals, child abuse, news, sentencing by sally

“One of the three people jailed over the death of Baby P won an appeal against his indefinite sentence today.”

Full story

The Independent, 27th October 2009

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted October 27th, 2009 in legislation by sally

The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

The Registration of Marriages (Amendment) Regulations 2009

The Energy Act 2008 (Commencement No. 4 and Transitional Provisions) Order 2009

The Offshore Gas Storage and Unloading (Licensing) Regulations 2009

The Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009

The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009

The Food Labelling (Nutrition Information) (Wales) Regulations 2009

The Prohibition of Fishing for Scallops (Wales) Order 2009

The Persons Providing Education at Further Education Institutions in Wales (Conditions) (Amendment) Regulations 2009

Source: www.opsi.gov.uk