Rubin and another v Eurofinance SAand others – WLR Daily

Posted August 7th, 2009 in bankruptcy, debts, foreign jurisdictions, law reports, legal personality by sally

Rubin and another v Eurofinance SAand others [2009] WLR (D) 282

“The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate.”

WLR Daily, 6th August 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.

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily

Posted August 7th, 2009 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another [2009] EWHC 1964 (Ch); [2009] WLR (D) 281

“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

WLR Daily, 6th August 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.

Legal Services Board seeks powers to impose huge fines on regulators – Law Society’s Gazette

Posted August 7th, 2009 in fines, Legal Services Board, news by sally

“The Legal Services Board could punish the Law Society and other regulators with multi-million-pound fines if they fail to meet its regulatory objectives, under proposals published this week.”

Full story

Law Society’s Gazette, 6th August 2009

Source: www.lawgazette.co.uk

Justice Committee Report Calls For An ‘Overall Vision’ For Crown Prosecution Service – The Bar Council

Posted August 7th, 2009 in criminal justice, Crown Prosecution Service, news by sally

“The Bar Council and the Criminal Bar Association welcome the publication of the House of Commons Justice Select Committee’s report on the Work of the Crown Prosecution Service (CPS). The report, entitled The Crown Prosecution Service: Gatekeeper of the Criminal Justice System, highlights areas for attention which include consistency, the piecemeal way in which its functions are developing and the proportion of cases taken by in-house advocates.”

Full story

The Bar Council, 6th August 2009

Source: www.barcouncil.org.uk

Changes to the Criminal Procedure Rules – Ministry of Justice

Posted August 7th, 2009 in criminal procedure, news by sally

“The Criminal Procedure Rule Committee has amended the Criminal Procedure Rules 2005 and the changes will come into force on 5 October 2009.”

Full story

Ministry of Justice, 6th August 2009

Source: www.justice.gov.uk

Miners win negligence payouts from solicitors over coal health claims – Law Society’s Gazette

Posted August 7th, 2009 in compensation, industrial injuries, miners, negligence, news, solicitors by sally

“Injured miners who successfully sued their former solicitors for under-settling coal health compensation claims have won tens of thousands of pounds in settlements, it has emerged.”

Full story

Law Society’s Gazette, 6th August 2009

Source: www.lawgazette.co.uk

Regina v Cooper (Gary Anthony) – Times Law Reports

Posted August 7th, 2009 in consent, law reports, mental health, sexual offences by sally

Regina v Cooper (Gary Anthony)

House of Lords

“An irrational fear preventing the free exercise of choice by B was sufficient to make criminal A’s sexual touching of B who was unable to refuse through a mental disorder. Inability to communicate any choice made was not limited to physical inability.”

The Times, 7th August 2009

Source: www.timesonline.co.uk

Train robber Ronnie Biggs to be freed on medical grounds – The Guardian

Posted August 7th, 2009 in early release, news by sally

“This morning, once the paperwork is complete, three prison staff who have been mounting a round-the-clock bedwatch on a sick man close to his 80th birthday will slip away, leaving one of Britain’s most notorious villains free.”

Full story

The Guardian, 7th August 2009

Source: www.guardian.co.uk

Fake barrister wins Asbo appeal – BBC News

Posted August 7th, 2009 in ASBOs, impersonating a barrister, news by sally

“A Middlesbrough man who impersonated a barrister in a string of court cases has won an appeal to overturn his anti-social behaviour order (Asbo).”

Full story

BBC News, 6th August 2009

Source: www.bbc.co.uk

Harman denies conflict over rape law – The Independent

Posted August 7th, 2009 in news, rape by sally

“Her brief spell in charge of the country has been marked by Cabinet fall-outs and accusations that she was attempting to launch a leadership bid. But Harriet Harman warned yesterday that she has no intention of changing her outspoken approach.”

Full story

The Independent, 7th August 2009

Source: www.independent.co.uk

Laser owners ‘arrested on sight’ – BBC News

Posted August 7th, 2009 in endangering safety of aircraft, news by sally

“There has been a marked rise in the number of UK pilots reporting incidents of laser torches being shone at their aircraft.”

Full story

BBC News, 6th August 2009

Source: www.bbc.co.uk

PCC to undergo independent review – The Guardian

Posted August 7th, 2009 in complaints, media, news by sally

“The Press Complaints Commission, the self-regulation body of the UK newspaper industry, is to launch the first independent review of its governance structure since it was created 18 years ago.”

Full story

The Guardian, 6th August 2009

Source: www.guardian.co.uk

Police ‘must change the way they control protests’ – The Independent

Posted August 6th, 2009 in demonstrations, police by sally

“Police must make immediate changes to the way they control public protests, a watchdog said today.”

Full story

The Independent, 6th August 2009

Source: www.independent.co.uk

Kulkarni v Milton Keynes Hospital NHS Foundation Trust – Times Law Reports

Posted August 6th, 2009 in disciplinary procedures, doctors, law reports, legal representation by sally

Kulkarni v Milton Keynes Hospital NHS Foundation Trust

Court of Appeal

“A hospital doctor who was subject to disciplinary proceedings brought by his employer was entitled under the contract of employment to be represented at the hearing by a lawyer instructed or employed by his medical defence organisation.”

The Times, 6th August 2009

Source: www.timesonline.co.uk

In re P-J (Children) (Abduction: Consent) – Times Law Reports

Posted August 6th, 2009 in child abduction, consent, law reports by sally

In re P-J (Children) (Abduction: Consent)

Court of Appeal

“Consent to the removal of a child from one jurisdiction to another had to be real and subsist at the time of the removal.”

The Times, 6th August 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted August 6th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Meachen v R [2009] EWCA Crim 1701 (05 August 2009)

Court of Appeal (Civil Division)

Sainsbury’s Supermarkets Ltd v Wolverhampton City Council [2009] EWCA Civ 835 (31 July 2009)

High Court (Chancery Division)

Matalan Retail Ltd v Revenue and Customs [2009] EWHC 2046 (Ch) (05 August 2009)

High Court (Administrative Court)

X Endowed Primary School v Special Educational Needs and Disability Tribunal & Ors [2009] EWHC 1842 (Admin) (23 July 2009)

High Court (Technology and Construction Court)

Adonis Construction v O’Keefe Soil Remediation [2009] EWHC 2047 (TCC) (05 August 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted August 6th, 2009 in legislation by sally

The Criminal Procedure (Amendment) Rules 2009

The Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009

The Velindre National Health Service Trust (Establishment) (Amendment) Order 2009

Source: www.opsi.gov.uk

Minister admits: rape review plans back to drawing board – The Times

Posted August 6th, 2009 in news, rape by sally

“A Home Office minister today (5 August) admitted plans to review rape laws had gone back to the drawing board after an intervention by Labour’s deputy leader Harriet Harman.”

Full story

The Times, 5th August 2009

Source: www.timesonline.co.uk

Justice claims ‘damaging’ victims – BBC News

Posted August 6th, 2009 in criminal justice, news, victims by sally

“Government claims that victims of crime are at the heart of the criminal justice system have raised ‘damaging’ expectations, says a report by MPs.”

Full story

BBC News, 5th August 2009

Source: www.bbc.co.uk

The Big Question: What are the new proposed rape laws, and why are they so contentious? – The Independent

Posted August 6th, 2009 in news, rape by sally

“This week, Harriet Harman, Labour’s deputy leader who is standing in for Gordon Brown while the Prime Minister is on holiday, vetoed a long-running review of rape laws at the eleventh hour, complaining that they failed to address the concerns of women.”

Full story

The Independent, 6th August 2009

Source: www.independent.co.uk