“There is no legal barrier in the UK to internet service providers (ISPs) blocking content from website operators who do not pay them. Neither consumer law nor telecoms regulation protects ISP subscribers, technology law podcast OUT-LAW Radio has revealed.”
OUT-LAW.com, 19th June 2009
Source: www.out-law.com
“The Coroners and Justice Bill is the government’s attempt to implement that long-awaited reform. Some practitioners and pressure groups are concerned that the bill doesn’t go far enough, and that there isn’t enough money behind it to make it work. There is a real risk, they say, that this bill will come to be seen as a missed opportunity.”
Law Society’s Gazette, 18th June 2009
Source: www.lawgazette.co.uk
“Changes to fees in the civil courts are to be introduced in order to target taxpayers’ money more effectively while helping those in financial difficulty, Justice Minister Bridget Prentice announced today (18 June).”
Ministry of Justice, 18th June 2009
Source: www.justice.gov.uk
Ul-Haq and others v Shah [2009] EWCA Civ 542; [2009] WLR (D) 197
“There was no general rule of law which permitted a court to strike out a genuine claim on the grounds that the claimant had been involved in a fraud upon the court in respect of an associated claim.”
WLR Daily, 18th June 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.
Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196
“In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one of the conditions in r 6.5(4)(a) of the Insolvency Rules 1986, merely because the guarantor could afford to pay the debt. Moreover, where the tenant’s and guarantor’s liability were co-extensive and there were no good reasons for distinguishing between the position of the guarantor and that which would obtain if the tenant applied under r 6.5(4)(a) to set aside a statutory demand, justice and r 6.5(4)(d) of the 1986 Rules demanded that a statutory demand obtained against the guarantor should be set aside.”
WLR Daily, 18th June 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.
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195
“A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of earnings following his detention after the killing in prison, and subsequently in hospital under ss 37 and 41 of the Mental Health Act 1983.”
WLR Daily, 18th June 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.
AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194
“The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time the decision to refuse was made, were not in themselves incompatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though their effect could be to cause unreasonable delay in bringing a family together in the United Kingdom.”
WLR Daily, 18th June 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.
Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus [2009] WLR (D) 193
“A trial was the legal process whereby guilt or innocence was to be decided and which resulted in a final determination. A fugitive’s state of mind was not material in deciding whether he ‘absented himself from his trial’ within the meaning of s 20(3) of the Extradition Act 2003. It was a matter of fact as to whether or not the fugitive had attended the trial. A fugitive’s state of mind was relevant in considering whether he ‘deliberately’ absented himself from his trial and he ‘deliberately’ absented himself where he made a conscious decision not to attend.”
WLR Daily, 18th June 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.
Gray v Thames Trains Ltd and Another
House of Lords
“A claimant who, as a result of a railway accident caused by the defendants’ negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing.”
The Times, 19th June 2009
Source: www.timesonline.co.uk
“Why are we asking this now?
The Government had been due to award a key contract as part of its grand biometric ID card scheme this autumn. Three companies – Thales, Fujitsu and IBM – were bidding for the right to develop the cards’ design and handle their production. But this week the Home Office admitted a decision might not be made until the second half of 2010. This is the second delay to have hit the Government’s ID card scheme. Under the original plans, the widespread roll-out of the cards would have taken place next year. Now it is not due until 2012.”
The Independent, 19th June 2009
Source: www.independent.co.uk
“BBC News has seen an official letter which appears to cast doubt on claims by Justice Secretary Jack Straw that probation failings in the Dano Sonnex case were due to staff mismanaging their resources.”
BBC News, 19th June 2009
Source: www.bbc.co.uk
“Gordon Brown has been forced to open up the terms of the newly announced Iraq war inquiry after facing hostility to his plans from a broad coalition of former generals, former prime minister John Major and peers from all parties.”
The Guardian, 18th June 2009
Source: www.guardian.co.uk
“Former Home Secretary Jacqui Smith ‘chose to disregard’ the impact of a computer hacker’s mental health problems when she approved his extradition to the US, an MP said today.”
The Independent, 18th June 2009
Source: www.independent.co.uk
“A court official fixed the selection of jurors to allow her neighbours to sit on the panel and claim £8,000 in expenses.”
Daily Telegraph, 18th June 2009
Source: www.telegraph.co.uk
“Jury intimidation or ‘nobbling’ is not new; it has been going on for centuries. It was a series of attempts to intimidate jurors that led to the introduction of majority verdicts in the Criminal Justice Act 1967, so that there could be a conviction even if one or two jurors disagreed.”
The Times, 19th June 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
T & Ors R v [2009] EWCA Crim 1035 (05 June 2009)
Court of Appeal (Civil Division)
Adler v Ananhall Advisory & Consultancy Services Ltd [2009] EWCA Civ 586 (18 June 2009)
UBS AG & Anor v HSH Nordbank AG [2009] EWCA Civ 585 (18 June 2009)
Greenstein & Anor v Broome and Wellington LP [2009] EWCA Civ 589 (18 June 2009)
High Court (Chancery Division)
Homeserve Membership Ltd v Revenue and Customs [2009] EWHC 1311 (Ch) (18 June 2009)
High Court (Queen’s Bench Division)
Bray v Deutsche Bank AG (Rev. 1) [2009] EWHC 1356 (QB) (18 June 2009)
High Court (Family Division)
Hudson v Leigh [2009] EWHC 1306 (Fam) (05 June 2009)
High Court (Administrative Court)
Source: www.bailii.org
“Britain’s constitutional affairs minister, Michael Wills, is urging his fellow ministers not to backtrack over ending the dual role of the attorney general as politician and legal adviser to the government. It is vital to separate the roles in order to maintain public confidence in the way critical decisions are reached, he says.”
The Guardian, 17th June 2009
Source: www.guardian.co.uk
Court of Appeal (Criminal Division)
Clarke v R. [2009] EWCA Crim 1074 (12 June 2009)
Court of Appeal (Civil Division)
Remblance v Octagon Assets Ltd [2009] EWCA Civ 581 (17 June 2009)
Sonmez v Secretary of State for the Home Department & Ors [2009] EWCA Civ 582 (17 June 2009)
Mehra v Mehra & Aras [2009] EWCA Civ 584 (17 June 2009)
Copley v Lawn & Ors [2009] EWCA Civ 580 (17 June 2009)
High Court (Chancery Division)
Cobden Investments Ltd v RWM Langport Ltd & Ors [2009] EWHC 1362 (Ch) (17 June 2009)
Polo Woods Foundation v Shelton-Agar & Anor [2009] EWHC 1361 (Ch) (17 June 2009)
Tanks and Vessels Industries Ltd v Devon Cider Company Ltd [2009] EWHC 1360 (Ch) (17 June 2009)
High Court (Queen’s Bench)
Alexis v London Borough of Newham [2009] EWHC 1323 (QB) (15 June 2009)
High Court (Family Division)
Bath & North East Somerset Council v A Mother & Ors [2008] EWHC B10 (Fam) (22 December 2008)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Bovis Homes Ltd v Kendrick Construction Ltd [2009] EWHC 1359 (TCC) (09 June 2009)
High Court (Commercial Court)
Toprise Fashions Ltd v Nik Nak Clothing Co Ltd & Ors [2009] EWHC 1333 (Comm) (17 June 2009)
Source: www.bailii.org
“The Court of Appeal has ruled that a criminal trial can take place in front of a judge without a jury for the first time in England and Wales.”
BBC News, 18th June 2009
Source: www.bbc.co.uk
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