Court cuts ‘compromising judges’ – BBC News
“A leading judge has told the BBC he fears a conflict of interest as courts increasingly depend on income from fines and confiscations to operate.”
BBC News, 18th November 2008
Source: www.bbc.co.uk
Solicitors accused over ‘dubious deals’ with union official that cost sick miners thousands – The Times
“Britain’s highest-earning solicitor acted dishonestly and with ‘conscious impropriety’ in dealings with a mining union that led to his firm handling thousands of industrial disease compensation claims, a tribunal heard yesterday.”
The Times, 18th November 2008
Source: www.timesonline.co.uk
Iraq war legal advice flawed, says ex-law lord – The
“Legal advice given to Tony Blair prior to the invasion of Iraq was fundamentally ‘flawed’, a former senior law lord said today.”
The Independent, 18th November 2008
Source: www.independent.co.uk
‘Kerplunk’ sculptor agrees £1.7m court settlement – Daily Telegraph
“The award-winning designer of the troubled B of the Bang sculpture has agreed to pay back £1.7 million of taxpayers’ money.”
Daily Telegraph, 18th November 2008
Source: www.telegraph.co.uk
Solicitors ‘misled’ sick miners – BBC News
“Two solicitors who won personal injury claims for thousands of miners have appeared before a tribunal accused of taking cuts from compensation pay-outs.”
BBC News, 17th November 2008
Source: www.bbc.co.uk
Mother sues barrister daughter for libel over ‘neglect memoir’ – Daily Telegraph
“A mother is suing her barrister daughter for libel over a book which accused her of childhood abuse and neglect.”
Daily Telegraph, 17th November 2008
Source: www.telegraph.co.uk
Recent Statutory Instruments – OPSI
Brown may press ahead with organ donor law, despite ruling of advisers – The Times
“Gordon Brown has refused to rule out a change in the law that may see everyone considered as a potential organ donor, despite the recommendations of his advisers today.”
The Times, 17th November 2008
Source: www.timesonline.co.uk
Privacy watchdog issues guidance on FOI exemptions – OUT-LAW.com
“Public authorities who want to keep information secret to protect the commercial interests of companies they work with must explain exactly what damage will be done by disclosure, the Information Commissioner’s Office (ICO) has said.”
OUT-LAW.com, 17th November 2008
Source: www.out-law.com
Ministers urged to act on race inequality in criminal justice system – The Guardian
“The government must take a fresh look at policy if over-representation of people from black and minority ethnic (BME) communities in the criminal justice system is to be addressed, according to a new study published today.”
The Guardian, 17th November 2008
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Randhawa & Anor, R. v [2008] EWCA Crim 2599 (22 October 2008)
Court of Appeal (Civil Division)
Wandsworth v Whibley [2008] EWCA Civ 1259 (14 November 2008)
High Court (Queen’s Bench Division)
Farraj & Anor v King’s Healthcare NHS Trust & Anor [2008] EWHC 2468 (QB) (17 October 2008)
High Court (Administrative Court)
Muscat v Health Professions Council [2008] EWHC 2798 (Admin) (14 November 2008)
Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)
Azzam v The General Medical Council [2008] EWHC 2711 (Admin) (12 November 2008)
High Court (Commercial Court)
CMA CGM SA v Hyundai Mipo Dockyard Co Ltd [2008] EWHC 2791 (Comm) (14 November 2008)
High Court (Patents Court)
Armour Group Plc v Leisuretech Electronics Pty Ltd [2008] EWHC 2797 (Pat) (14 November 2008)
Source: www.bailii.org
Spirerose Ltd (In Administration) v Transport for London – WLR Daily
Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358
“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”
WLR Daily, 14th 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.
Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening) – WLR Daily
“The court had jurisdiction under CPR r 19.2(a) to join parties as claimants to national court proceedings in which questions had been referred to the Court of Justice of the European Communities where the joinder applications were solely for the purpose of making submissions to the Court of Justice on the referred questions.”
WLR Daily, 14th 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.
Hussain v Chief Constable of West Mercia Constabulary – Times Law Reports
Hussain v Chief Constable of West Mercia Constabulary
Court of Appeal
“Transient physical symptoms caused by anxiety or stress did not amount either to psychiatric or physical injury and were insufficient to constitute material damage, an essential ingredient of the tort of misfeasance in public office.”
The Times, 17th 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.
Regina (Purdy) v Director of Public Prosecutions – Times Law Reports
Regina (Purdy) v Director of Public Prosecutions
Queen’s Bench Divisional Court
“The statutory prohibition on assisted suicide did not engage the right to private life protected under article 8.1 of the European Convention on Human Rights.”
The Times, 17th 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.
Recent Statutory Instruments – OPSI
The Derwentside (Parish Electoral Arrangements) Order 2008 (PDF)
The Borough of Berwick-upon-Tweed (Parish Electoral Arrangements and Electoral Changes) Order 2008 (PDF)
The Stratford-on-Avon (Parish Electoral Arrangements and Electoral Changes) Order 2008 (PDF)
The Borough of Tewkesbury (Parish Electoral Arrangements) Order 2008 (PDF)
The Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008
Source: www.opsi.gov.uk
Child protection register missed more than 80 per cent of serious child abuse cases – Daily Telegraph
“More than 80 per cent of children killed or seriously injured as a result of abuse or neglect were not on the national child protection register, it has emerged.”
Daily Telegraph, 15th November 2008
Source: www.telegraph.co.uk
Victim speaks out after man cleared of rape while sleepwalking – Daily Telegraph
“A woman has spoken out after a man accused of raping her became the latest to be cleared because he was sleepwalking.”
Daily Telegraph, 16th November 2008
Source: www.telegraph.co.uk
Britain ‘should be ashamed of art gift law’ – The Times
“Britain should be ‘shamed’ into revising laws that make it easier for American collectors to donate art to our museums and galleries than Britons, the director of the British Museum says today.”
The Times, 15th November 2008
Source: www.timesonline.co.uk
