Government response to damages consultation dubbed ‘anti-climax’ by lawyers – Law Society’s Gazette

Posted July 17th, 2009 in consultations, damages, news by sally

“Solicitors dubbed the government’s response to the Law on Damages consultation an anti-climax this week, two years after its original deadline.”

Full story

Law Society’s Gazette, 16th July 2009

Source: www.lawgazette.co.uk

The instruction of prosecution advocates in the Crown Court and payment of counsel by the CPS – HM Crown Prosecution Service Inspectorate

“Inspectors assessed internal and external prosecuting advocates in the Crown Court. Two-thirds were fully competent, including some very good. A quarter of advocates were lacklustre. Only 7.9% were less than competent, including some very poor.”

Full press release

HMcpsi, 16th July 2009

Source: www.hmcpsi.gov.uk

A third of all prosecution advocates ‘lacklustre’ or poor, inspection says – Law Society’s Gazette

Posted July 17th, 2009 in advocacy, barristers, Crown Prosecution Service, news by sally

“A third of all prosecution advocates are ‘lacklustre’ or ‘less than competent’ according to a review carried out by the Crown Prosecution Service Inspectorate published today.”

Full story

Law Society’s Gazette, 16th July 2009

Source: www.lawgazette.co.uk

Justice Committee criticises plans for £12m cuts in family legal aid – The Times

Posted July 17th, 2009 in news by sally

“Proposals to cut £12 million in legal aid spent on families and children have been castigated by MPs, days after a senior family judge warned of their ‘chilling effect’.”

Full story

the Times, 17th July 2009

Source: www.timesonline.co.uk

Watchdog defends plan to combat ‘Tesco towns’ – The Guardian

Posted July 17th, 2009 in competition, news by sally

“The competition watchdog is standing firm on its plans to introduce a new test into the planning system in a bid to combat the dominance of big supermarket chains.”

Full story

The Guardian, 16th July 2009

Source: www.guardian.co.uk

Burglar cleared of woman’s murder – BBC News

Posted July 17th, 2009 in assault, causation, grievous bodily harm, murder, news by sally

“A burglar who attacked a 94-year-old woman has been cleared of her murder.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Woman wins care negligence case – BBC News

Posted July 17th, 2009 in child abuse, damages, duty of care, news, social services by sally

“A woman has been awarded £60,000 in damages for the abuse she suffered at the hands of her mother after a London council failed to take her into care.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Man jailed for killing friend in get-away – The Independent

Posted July 17th, 2009 in dangerous driving, news, sentencing by sally

“A man who ran over his own friend and left him dying in the road was jailed for more than five years today.”

Full story

The Independent, 16th July 2009

Source: www.independent.co.uk

Victim of gazumping given suspended jail sentence – The Guardian

Posted July 17th, 2009 in fraud, news, sentencing by sally

“If revenge is a dish best served cold, the portion served up by Martin Frostick was positively icy. Eleven years after he was gazumped on a house purchase, he launched a smear campaign to ruin the estate agents he blamed for the collapse of the deal.”

Full story

The Guardian, 16th July 2009

Source: www.guardian.co.uk

Don’t deny justice to prisoners – The Guardian

Posted July 17th, 2009 in legal aid, news, prisons by sally

“Jack Straw plans to cut ‘nuisance’ legal claims by prisoners. But doing so risks a return to the bad old days of rooftop protest.”

Full story

The Guardian, 17th July 2009

Source: www.guardian.co.uk

Warning for firms that set up trade union blacklist – The Guardian

Posted July 17th, 2009 in construction industry, news, trade unions by sally

“Major companies which set up and funded a secret blacklist to deny work to thousands of trade unionists will escape prosecution, it emerged today. A judge fined a private investigator who operated the covert blacklist but said he was not the only person responsible but was financed by big ‘high street’ companies. Major firms in the construction industry will be officially warned that they will be prosecuted if they set up a new blacklist.”

Full story

The Guardian, 17th July 2009

Source: www.guardian.co.uk

Man sues NHS after having terminal cancer wrongly diagnosed – The Times

Posted July 17th, 2009 in news by sally

“When Philip Collins was told that he had cancer and had just six months to live, he quit his job, cashed in his pension and bought himself a powerful motorcycle. He was determined to enjoy the time left to him. When he was still alive a year later his doctors conducted a re-examination and admitted that there had been a mistake. The inoperable ‘tumour’ on his gall bladder was a relatively harmless abscess. Far from being delighted at his unexpected reprieve Mr Collins, 59, was devastated. He had spent his life savings and the powerful drugs that the doctors prescribed to keep him alive as long as possible had destroyed his health.”

Full story

The Times, 17th July 2009

Source: www.timesonline.co.uk

Legal aid cuts: How you could be acquitted and still face huge bill for costs – The Times

Posted July 17th, 2009 in news by sally

“Plans to reform the legal aid system and cut almost £200 million from its budget have brought warnings of a two-tier justice system: one for the rich and another for the poor.”

Full story

The Times, 17th July 2009

Source: www.timesonline.co.uk

Network Rail fined for derailment – BBC News

Posted July 16th, 2009 in fines, health & safety, news, railways by sally

“Network Rail has been fined £70,000 after a train travelling at 90mph derailed in Norfolk because of a poorly maintained level crossing.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Met ‘missed opportunities’ over Baby P – BBC News

Posted July 16th, 2009 in child abuse, evidence, news, police by sally

“Police missed opportunities to gather evidence about the ill-treatment of Baby Peter in the months before his death, according to an unpublished report.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

BBC pays damages to Muslim leader – BBC News

Posted July 16th, 2009 in damages, defamation, media, news by sally

“The BBC has agreed to pay £45,000 in damages to the head of the Muslim Council of Britain over a libellous claim in the Question Time programme.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Extradition without justice – The Guardian

Posted July 16th, 2009 in autism, computer crime, EC law, extradition, news by sally

Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ‘supermax’ prison – and this a man with Asperger’s syndrome who could hardly be less suited to such punishment.”

Full story

The Guardian, 16th July 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 16th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AP v Secretary of State for the Home Department [2009] EWCA Civ 731 (15 July 2009)

Patchett & Amor v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 (15 July 2009)

Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 (15 July 2009)

High Court (Administrative Court)

AR v Secretary of State for the Home Department [2009] EWHC 1736 (Admin) (15 July 2009)

High Court (Commercial Court)

Investec Bank (UK) Ltd v Zulman & Anor [2009] EWHC 1590 (Comm) (15 July 2009)

High Court (Family Division)

Child X (Residence & Contact- Rights of Media Attendance) [2009] EWHC 1728 (Fam) (14 July 2009)

High Court (Queen’s Bench Division)

Ajinomoto Sweeteners Europe SAS v ASDA Stores Ltd [2009] EWHC 1717 (QB) (15 July 2009)

Source: www.bailii.org

Recent Statutory Instruments

Posted July 16th, 2009 in legislation by sally

The Air Navigation (Single European Sky) (Penalties) Order 2009

The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009

The International Criminal Court Act (Overseas Territories) Order 2009

The Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009

The Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2009

The Air Navigation (Amendment) Order 2009

The Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009

The Public Records (Designation of Bodies) Order 2009

The Consular Fees (Amendment) Order 2009

The Terrorism (United Nations Measures) Order 2009

The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2009

The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

The Parliamentary Commissioner Order 2009

The European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009

The European Communities (Definition of Treaties) (Cariforum Economic Partnership Agreement) Order 2009

The Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009

The General and Specialist Medical Practice (Education, Training and Qualifications) Amendment Order 2009

The Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009

The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009

The Export Control (Amendment) (No. 2) Order 2009

The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2009

The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2009

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2009

The Swine Vesicular Disease (Wales) (Amendment) Regulations 2009

The Transfer of Functions of the Charity Tribunal Order 2009

The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009

The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009

Source: www.opsi.gov.uk

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others – WLR Daily

Posted July 16th, 2009 in civil procedure rules, costs, law reports by sally

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others [2009] EWHC 1696 (Ch); [2009] WLR (D) 242

“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”

WLR Daily, 15th 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.