Civil Procedure Rules: 10 years of change – Law Society’s Gazette

Posted May 29th, 2009 in civil procedure rules, news by sally

“If you are a civil litigator able to remember serving a writ on behalf of a plaintiff, as well as the days of pleadings, interrogatories, further and better particulars, affidavits and discovery, then you are, shall we say, of a certain vintage. For solicitors who have entered practice in the past decade, these terms are relics of the days before claimants and claim forms, statements of case, requests for further information, witness statements and disclosure.But 10 years on from the implementation of the Civil Procedure Rules, have the reforms laboured over by Lord Woolf provided much more than a change in terminology?”

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Law Society’s Gazette, 28th May 2009

Source: www.lawgazette.co.uk

Police retention of photos of innocent man breached his right to privacy, says Court of Appeal – OUT-LAW.com

Posted May 29th, 2009 in news, photography, police, privacy by sally

“Police should not have kept photos taken of an arms trade protester, the Court of Appeal has ruled. The retention of the photos long after the peaceful protest was a breach of the man’s right to privacy, the Court ruled.”

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OUT-LAW.com, 27th May 2009

Source: www.outlaw.com

Patients win right to delete records on controversial health database – OUT-LAW.com

Posted May 29th, 2009 in data protection, medical records, news, privacy by sally

“Patients will be able to demand that their health records are deleted from the massive database being built by the NHS, privacy regulator the Information Commissioner’s Office has said. Previously, patients could only have details ‘masked’, not deleted.”

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OUT-LAW.com, 27th May 2009

Source: www.out-law.com

EBay has ‘no legal duty’ to protect others’ trade marks, says High Court – OUT-LAW.com

Posted May 29th, 2009 in internet, news, trade marks by sally

“Online auction site eBay has ‘no legal duty’ to protect other companies’ trade marks or stop its sellers from infringing them, the High Court has said.”

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OUT-LAW.com, 26th May 2009

Source: www.out-law.com

Jail after laser shone onto plane – BBC News

Posted May 29th, 2009 in endangering safety of aircraft, news, sentencing by sally

“A 21-year-old man has been jailed for shining a laser light at a passenger plane preparing to land.”

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BBC news, 28th May 2009

Source: www.bbc.co.uk

David Beckham jacket tussle ends with rap on the knuckles for Primark – The Guardian

Posted May 29th, 2009 in intellectual property, news by sally

“A lot of men may try to emulate fashion icon David Beckham, but the Primark retail chain – nicknamed Primani for its ability to turn out designer fashions at high street prices – has been rapped on the knuckles for doing just that with one of the footballer’s favourite jackets. The Cheltenham–based firm Superdry felt a line had been crossed and accused Primark of copying elements of its signature Brad leather jacket. The two parties have reached an out-of-court financial settlement with Primark also promising not to produce the offending jacket again. Primark declined to comment.”

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The Guardian, 28th May 2009

source: www.guardian.co.uk

Car firm fined over hurt worker – BBC News

Posted May 29th, 2009 in health & safety, industrial injuries, news by sally

“A car parts company has been fined almost £6,000 after a worker was crushed in an accident in a workshop.”

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BBC News, 28th May 2009

Source: www.bbc.co.uk

Child rapists ‘avoiding prison’ – BBC News

Posted May 29th, 2009 in news, rape, sentencing by sally

“Six convicted child rapists were not sent to jail in 2007, according to Ministry of Justice statistics.”

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BBC News, 29th May 2009

Source: www.bbc.co.uk

Abu Hamza sons jailed over £1 million luxury car scam – The Times

Posted May 29th, 2009 in fraud, news, sentencing by sally

“Three sons of the radical cleric Abu Hamza al-Masri were jailed today for their part in the theft of more than £1 million worth of luxury cars that were then sold all over Europe.”

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The Times, 29th May 2009

Source: www.timesonline.co.uk

Cafcass chief Anthony Douglas is called to account by judge – The Times

Posted May 29th, 2009 in child abuse, delay, news by sally

“The head of the children’s court agency was summoned by a judge yesterday to explain ‘deplorable and entirely unacceptable’ case delays after the Baby Peter scandal.”

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The Times, 29th May 2009

Source: www.timesonline.co.uk

Mother in court over school place – BBC News

Posted May 29th, 2009 in fraud, news, school admissions by sally

“A mother is to appear in court accused of lying about her address in order to gain a place for her son at a popular infant school.”

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BBC News, 29th May 2009

Source: www.bbc.co.uk

Late abortion tribunal challenge – BBC News

Posted May 29th, 2009 in abortion, freedom of information, news by sally

“Pro-life campaigners are continuing their fight for the publication of details of late medical abortions. An information tribunal is set to hear a Department of Health appeal that such information should not be published.”

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BBC News, 28th May 2009

Source: www.bbc.co.uk

R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily

Posted May 28th, 2009 in hearsay evidence, human rights, law reports by sally

R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173

“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”

WLR Daily, 27th May 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.

Napier and another v Pressdram Ltd – WLR Daily

Posted May 28th, 2009 in complaints, confidentiality, injunctions, law reports, solicitors by sally

Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172

“Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the adjudication contained no private information concerning the solicitor. The procedural nature of the investigation itself did not give rise to a duty of confidentiality.”

WLR Daily, 27th May 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.

BAILII: Recent Decisions

Posted May 28th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Horncastle & Ors v R. [2009] EWCA Crim 964 (22 May 2009)

High Court (Chancery Division)

Enviroco Ltd v Farstad Supply A/S [2009] EWHC 906 (Ch) (22 May 2009)

High Court (Queen’s Bench)

Lloyds TSB Commercial Finance Ltd. v Melia & Ors [2009] EWHC 1114 (QB) (05 May 2009)

Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)

High Court (Administrative Court)

Defence Estates v JL & Anor [2009] EWHC 1049 (Admin) (05 May 2009)

Nicholas-Pillai v General Medical Council [2009] EWHC 1048 (Admin) (06 May 2009)

Mitchell v The Nursing and Midwifery Council [2009] EWHC 1045 (Admin) (06 May 2009)

Southall v The General Medical Council [2009] EWHC 1155 (Admin) (22 May 2009)

High Court (Commercial Court)

Vitol SA v Conoil Plc [2009] EWHC 1144 (Comm) (22 May 2009)

KG Bominflot Bunkergesellschaft Für Mineralöle mbh & Co Kg v Petroplus Marketing AG [2009] EWHC 1088 (Comm) (22 May 2009)

High Court (Patents Court)

TNS Group Holdings Ltd. v Nielsen Media Research Inc [2009] EWHC 1160 (Pat) (20 May 2009)

Source: www.bailii.org

Should Britain import the US method of dealing with fraud? – The Times

Posted May 28th, 2009 in fraud, news by sally

“The headlines in these pages this week that ‘City police warn of huge rise in fraud cases’ was accompanied by the astonishing report that the number of reported frauds has risen by 64 per cent in the past year ‘with people from all walks of life falling victim’.”

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The Times, 28th May 2009

Source: www.timesonline.co.uk

Knife crime: only one person last year handed maximum sentence – Daily Telegraph

Posted May 28th, 2009 in news, offensive weapons, sentencing by sally

“The Government’s claim to a tougher stance on knife crime has been exposed as a sham after just one person caught carrying a blade last year was handed the new maximum four years behind bars.”

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Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

£15,000 Times fine proves the need for reform of an indefensible law – The Times

Posted May 28th, 2009 in contempt of court, media, news by sally

“Judges’ decision in a contempt of court case against The Times strengthens the campaign for reform of an indefensible law, argues David Pannick, QC.”

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The Times, 28th May 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted May 28th, 2009 in legislation by sally

The Planning Act 2008 (Commencement No. 1) (England) Order 2009

The Immigration (Passenger Transit Visa) (Amendment) (No. 4) Order 2009

The Seeds (National Lists of Varieties) (Amendment) Regulations 2009

The Seed (Conservation Varieties Amendments) (England) Regulations 2009

The National Health Service Pension Scheme (Amendment) Regulations 2009

The Swine Vesicular Disease Regulations 2009

The Export Control (Amendment) Order 2009

The Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2009

Source: www.opsi.gov.uk

Chief constable takes Government to court over ‘irrational’ budget row – Daily Telegraph

Posted May 28th, 2009 in budgets, news, police by sally

“Mark Rowley, the head of Surrey police, said he would fight local government ministers in the High Court over a decision which means he will have to slash £1.6 million from the force’s budget and will ‘erode’ his ability to protect the public.”

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Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk