Current Awareness

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Posted July 22nd, 2009 in arbitration, estoppel, jurisdiction, law reports, Pakistan by sally

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 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.

R v Tilley – WLR Daily

Posted July 22nd, 2009 in benefits, fraud, law reports, social security, third parties by sally

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 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.

Slade v Slade – WLR Daily

Posted July 22nd, 2009 in contempt of court, law reports, sentencing by sally

Slade v Slade [2009] EWCA Civ 748; [2009] WLR (D) 248

“When a court was sentencing a contemnor for conduct which had already been the subject of sentencing founded upon a criminal conviction it was essential that the second court should be fully informed of the factors and circumstances reflected in the first sentence.”

WLR Daily, 20th July 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.

Gordon Brown’s plans to use phone tapping evidence in court thrown into chaos – The Times

Posted July 22nd, 2009 in evidence, interception, news, terrorism by sally

“The proposed use of phone tapping evidence to secure convictions in terrorist and criminal trials has been shown in secret tests to be unworkable.”

Full story

The Times, 22nd July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 22nd, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Devoy v William Doxford & Sons Ltd & Ors [2009] EWHC 1598 (QB) (21 July 2009)

Azaz v Denton & Anor [2009] EWHC 1759 (QB) (21 July 2009)

High Court (Chancery Division)

Howell & Ors v Lees-Millais & Ors [2009] EWHC 1754 (Ch) (17 July 2009)

National Grid Electricity Transmission Plc v McKenzie Harbour Management Resources Ltd & Ors [2009] EWHC 1817 (Ch) (21 July 2009)

Benedetti & Anor v Sawiris & Ors [2009] EWHC 1806 (Ch) (21 July 2009)

The Law Debenture Trust Corporation Plc v Elektrim SA & Anor (Rev 1) [2009] EWHC 1801 (Ch) (20 July 2009)

High Court (Administrative Court)

Phelps v First Secretary of State London Borough of Bromley & Ors [2009] EWHC 1676 (Admin) (10 July 2009)

London Borough of Hammersmith & Fulham v First-Tier Tribunal (Health, Education and Social Care Chamber) & Ors [2009] EWHC 1694 (Admin) (13 July 2009)

Gunn, R (on the application of) v Secretary State for Justice & Anor [2009] EWHC 1812 (Admin) (21 July 2009)

HM Treasury v The Information Commissioner [2009] EWHC 1811 (Admin) (21 July 2009)

High Court (Commercial Court)

Hall v Cable and Wireless Plc [2009] EWHC 1793 (Comm) (21 July 2009)

Source: www.bailii.org

SFO unveils plans for US-style negotiations – The Times

Posted July 22nd, 2009 in news, Serious Fraud Office by sally

“The Serious Fraud Office (SFO) has for the first time formalised its approach towards businesses that come forward with bribery and corruption issues in return for leniency.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

Expenses clean-up bill is passed – BBC News

Posted July 22nd, 2009 in expenses, news, parliament, parliamentary privilege by sally

“A bill aimed at cleaning up Parliament after the MPs’ expenses scandal has become law after getting Royal Assent.”

Full story

BBC News, 22nd July 2009

Source: www.bbc.co.uk

MoD pays £84 million in civil compensation – Daily Telegraph

Posted July 22nd, 2009 in armed forces, compensation, news by sally

“Civil compensation claims have cost the Ministry of Defence £84 million over the last year, new figures have shown.”

Full story

Daily Telegraph, 21st July 2009

Source: www.telegraph.co.uk

Councils still breaking surveillance laws – The Guardian

Posted July 22nd, 2009 in local government, news, spying by sally

“Local authorities are still illegally spying on individuals despite curbs imposed on their covert activities, the senior official charged with scrutinising their activities said today.”

Full story

The Guardian, 21st July 2009

Source: www.guardian.co.uk

Change would help to expose unjust rulings – The Times

Posted July 21st, 2009 in islamic law, news by sally

“The move towards creating Britain’s first formal network of Sharia courts is a logical next step after the encouragement given to Islamic tribunals by leading legal and church leaders.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

Woman ‘detained’ for filming police search launches high court challenge – The Guardian

Posted July 21st, 2009 in news, photography, police, terrorism by sally

“A woman is to challenge the Metropolitan police in the high court, claiming she was handcuffed, detained and threatened with arrest for filming officers on her mobile phone.”

Full story

The Guardian, 21st July 2009

Source: www.guardian.co.uk

Scholar denies that Islamic divorce procedure is biased against women – The Times

Posted July 21st, 2009 in divorce, islamic law, news, sex discrimination by sally

“Opponents of Sharia have long complained that it involves an inherent bias against women and treats them as second-rate citizens.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

The Chambers – BBC Radio 4

Posted July 21st, 2009 in legal services, news by sally

“First of two programmes which go behind the elegant facades of legal London to meet the barristers, clerks and staff of Outer Temple Chambers, one of London’s leading law chambers, as they prepare for the biggest upheaval in their history: the full implementation of the 2007 Legal Services Act.”

Listen again

BBC Radio 4, 21st July 2009

Source: www.bbc.co.uk

Please note this programme will only be available for 7 days after the broadcast date.

Improve schools to give poor children a chance at professional jobs, report says – The Guardian

Posted July 21st, 2009 in education, legal profession, news by sally

“Generations of poorer children will miss out on jobs in law and medicine unless Britain does more to give them a better education, a report on social mobility said today.”

Full story

The Guardian, 21st July 2009

Source: www.guardian.co.uk

Survey on the future provision of Library services

Posted July 21st, 2009 in inns of court, libraries, mergers, news by sally

CHEMS Consulting is carrying out a feasibility study on behalf of the Inner and Middle Temple to investigate the potential benefits of merging their two libraries and creating a Joint Education and Advocacy Centre.

One element in the feasibility study is to assess what the demand for library services is on the part of the Bar, students and other members of the Inns, and how it is currently being met. Both Inns also want to consider what services a merged library should offer its users if a merger were to proceed.

A survey questionnaire has been developed by the consultants in order to get the views of Inner and Middle Temple members and tenants and other Library users. From 29th June to 17th July the survey was available in electronic form on the Inns’ web sites and in printed form in both Libraries. Members and tenants of both Inns were also emailed about the survey. The Inner Temple results are now available on the Library’s web site. To view the results of the survey click here.

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Posted July 21st, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

Government slammed for failure over bogus colleges and economic migrants – The Times

Posted July 21st, 2009 in education, immigration, news by sally

“Private colleges should face compulsory regulation to prevent ‘bogus’ institutions from operating as a front for illegal immigration, a parliamentary committee recommends today.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

House of Lords reforms will remove hereditary principle – Ministry of Justice

Posted July 21st, 2009 in constitutional reform, news, parliament, peerages & dignities by sally

“Reforms unveiled today by Jack Straw as part of the Constitutional Reform and Governance Bill will remove the hereditary principle from the House of Lords and allow for the disqualification of peers found guilty of serious criminal offences.”

Full story

Ministry of Justice, 20th July 2009

Source: www.justice.gov.uk

Regional law firms take severe steps to cut costs – The Times

Posted July 21st, 2009 in law firms, news by sally

“Britain’s leading regional law firms, suffering even more severely from the downturn in the legal services market than their London rivals, are imposing drastic cost-cutting measures in an attempt to stave off further job losses.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk