Council criticised over care saga – BBC News
“A council has been heavily criticised by a watchdog for its treatment of a man with learning difficulties.”
BBC News, 12th November 2008
Source: www.bbc.co.uk
Reprieve for curvy cucumbers and crooked carrots as EU bends rules – The Times
“Knobbly fruit and amusingly shaped vegetables, the staple diet of local newspapers, caption competitions and That’s Life!, are set to return to the shops in a reprieve from strict European Union laws. The regulations covering the size and shape of 26 types of fruit and vegetable are expected to be abolished today by EU agriculture officials in a move that should make food cheaper and more fun.”
The Times, 12th November 2008
source: www.timesonline.co.uk
Review of company pensions laws – BBC News
“Pensions minister Rosie Winterton is to announce a review of laws governing company pension schemes.”
BBC News, 12th November 2008
Source: www.bbc.co.uk
Church of England bans swinging, drinking vicar from practising – The Times
“A female vicar who told colleagues that she went on swinging holidays in the South of France and who turned up drunk to church services has been banned from practising for 12 years by the Church of England.”
The Times, 12th November 2008
Source: www.timesonline.co.uk
Pre-nuptial agreements put to the test – The Times
“Five law lords will be asked in a test case tomorrow to uphold a pre-nuptial agreement signed by a wealthy American couple with five children who divorced after ten years of marriage.”
The Times, 12th November 2008
Source: www.timesonline.co.uk
Armed robber killed by shopkeeper was to blame, rules coroner – Daily Telegraph
“An armed robber who was stabbed to death by a shopkeeper was to blame for his own death, a coroner has ruled. ”
Daily Telegraph, 12th November 2008
Source: www.telegraph.co.uk
Naming and shaming criminal masterminds ‘infringes their human rights’ – Daily Telegraph
“The leaders of the Serious Organised Crime Agency (Soca) have been ‘deeply frustrated’ after lawyers advised them not to name 39 convicted criminals because it would breach the convicts’ right to a family and private life, and could amount to an ‘unfair’ punishment.”
Daily Telegraph, 12th November 2008
Source: www.telegraph.co.uk
Jack Straw orders inquiry into repossessions – The Times
“Jack Straw, the Justice Secretary, has ordered an investigation into a legal loophole that allows lenders to repossess a home without a court order.”
The Times, 11th November 2008
Source: www.timesonline.co.uk
Two men found guilty of causing Baby P’s death – The Guardian
“Two men have been found guilty at the Old Bailey of causing or allowing the death of a 17-month old baby in a case which highlighted one of the most severe child protection failures since the murder of Victoria Climbie.”
The Guardian, 11th November 2008
Source: www.guardian.co.uk
BAILII: Recent Decisons
Court of Appeal (Civil Division)
Midill (97pl) Ltd. v Park Lane Estates Ltd & Anor [2008] EWCA Civ 1227 (11 November 2008)
High Court (Queen’s Bench Division)
Williams v Thompson Leatherdale (a firm)& Anor [2008] EWHC 2574 (QB) (10 November 2008)
High Court (Technology and Construction Court)
Hayes & Anor (t/a Orchard Construction) v Gallant [2008] EWHC 2726 (TCC) (10 November 2008)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Motor Vehicles (EC Type Approval) (Amendment) Regulations 2008
The Civil Proceedings Fees (Amendment) Order 2008
The Non-Contentious Probate Fees (Amendment) Order 2008
The Magistrates’ Courts Fees (Amendment) Order 2008
The Family Proceedings Fees (Amendment) Order 2008
The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008
Source: www.opsi.gov.uk
Consumer remedies for faulty goods – Law Commission
“On 10 November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods.”
Law Commission, 10th November 2008
Source: www.lawcom.gov.uk
Statement from the Judicial Communications Office – Speech by Mr Paul Dacre – The Judiciary of England and Wales
“This comment was issued in response to a speech by Mr Paul Dacre, Editor of the Daily Mail, to the Society of Editors.”
The Judiciary of England and Wales, 10th November 2008
Source: www.judiciary.gov.uk
R (Bassetlaw District Council) v Worksop Magistrates’ Court – WLR Daily
R (Bassetlaw District Council) v Worksop Magistrates’ Court; [2008] WLR (D) 350
“On the determination under s 52 Licensing Act 2003 of an application for review of a premises licence in circumstances involving criminal conduct connected with the licensed premises, consideration must be given to what was necessary to promote the objective of crime prevention, and to the needs of the wider community, and not be limited to guidance and remedial action and to the needs of the licence-holders.”
WLR Daily, 10th November 2008
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.
Ali v Birmingham City Council; Ibrahim v Birmingham City Council – WLR daily
“A local housing authority’s discharge of its statutory duty to rehouse a homeless person in priority need where that person had refused an offer of suitable accommodation could not be challenged other than by administrative review subject appeal to the county court, which was the equivalent of judicial review rather than a full rehearing appeal, even where the sole issue for the reviewing officer was a simple one of primary fact. The European Court of Human Rights’ decision in Tsfayo v United Kingdom [2007] LGR 1 did not change the relevant law.”
WLR Daily, 10th November 2008
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 (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily
“On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”
WLR Daily, 10th November 2008
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.
Boreh v Ealing London Borough Council – Times Law Reports
Boreh v Ealing London Borough Council
Court of Appeal
“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”
The Times, 11th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
Court of Appeal
“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”
The Times, 11th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Telco faces £2m e-disclosure bill after failing to agree search words – OUT-LAW.com
“A company’s £2 million trawl through documents for a court case will have to be redone because lawyers had not agreed the terms of the search, the High Court has said. The ruling could change the way companies conduct disclosure, said one expert.”
OUT-LAW.com, 11th November 2008
Source: www.out-law.com
