Mother to get answers over daughter’s rape and murder – Daily Telegraph

Posted November 18th, 2008 in murder, news, rape by sally

“An inquest is to be opened into the death of a woman murdered by a convicted rapist who had used the Human Rights Act to convince a panel he should be freed from jail.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Warning over fixed penalty notices for violent crimes – The Times

Posted November 18th, 2008 in news, penalties, violence by sally

“Magistrates gave warning yesterday that the criminal justice system is being ‘undermined’ because thousands of serious offences are being processed by police using fixed penalty notices away from public scrutiny.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Senior judge wants top court to avoid crime – Daily Telegraph

Posted November 18th, 2008 in appeals, criminal justice, news, Supreme Court by sally

“A member of the Court of Appeal has argued that only rare or occasional criminal cases should be heard by the new Supreme Court because its judges are too out of touch.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Judges’ report backs US-style plan that give lawyers a cut of damages – The Times

Posted November 18th, 2008 in damages, fees, legal profession by sally

“A report seen by The Times supports the adoption of US-style contingency deals in which lawyers take their fees out of damages won for clients.”

Full story

The Times, 18th November 2008

Source: www.timesonline.co.uk

Met defends stop-and-search tactics as it claims limited success in reducing knife crime – The Guardian

Posted November 18th, 2008 in news, offensive weapons, police, stop and search by sally

“The Metropolitan police yesterday claimed a limited success in the fight against knife crime, citing a 12% fall in incidents since May, but at the price of long-term resentment over the widespread use of stop-and-search needed to achieve it.”

Full story

The Guardian, 18th November 2008

Source: www.guardian.co.uk

Court cuts ‘compromising judges’ – BBC News

Posted November 18th, 2008 in confiscation, fines, news by sally

“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.”

Full story

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

Posted November 18th, 2008 in claims management, fees, industrial injuries, miners, news, solicitors, trade unions by sally

“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.”

Full story

The Times, 18th November 2008

Source: www.timesonline.co.uk

Iraq war legal advice flawed, says ex-law lord – The

Posted November 18th, 2008 in attorney general, Iraq, news, war by sally

“Legal advice given to Tony Blair prior to the invasion of Iraq was fundamentally ‘flawed’, a former senior law lord said today.”

Full story

The Independent, 18th November 2008

Source: www.independent.co.uk

‘Kerplunk’ sculptor agrees £1.7m court settlement – Daily Telegraph

Posted November 18th, 2008 in artistic works, contracts, negligence, news by sally

“The award-winning designer of the troubled B of the Bang sculpture has agreed to pay back £1.7 million of taxpayers’ money.”

Full story

Daily Telegraph, 18th November 2008

Source: www.telegraph.co.uk

Solicitors ‘misled’ sick miners – BBC News

Posted November 17th, 2008 in claims management, fees, industrial injuries, miners, news, solicitors by sally

“Two solicitors who won personal injury claims for thousands of miners have appeared before a tribunal accused of taking cuts from compensation pay-outs.”

Full story

BBC News, 17th November 2008

Source: www.bbc.co.uk

Mother sues barrister daughter for libel over ‘neglect memoir’ – Daily Telegraph

Posted November 17th, 2008 in defamation, news by sally

“A mother is suing her barrister daughter for libel over a book which accused her of childhood abuse and neglect.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted November 17th, 2008 in legislation by sally

The Children Act 1989 (Contact Activity Directions and Conditions: Financial Assistance) (England) Regulations 2008

The High Court and County Courts Jurisdiction (Amendment) Order 2008

The Criminal Defence Service (Funding) (Amendment No. 2) Order 2008

The Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2008

The Family Provision (Intestate Succession) Order 2008

Source: www.opsi.gov.uk

Brown may press ahead with organ donor law, despite ruling of advisers – The Times

Posted November 17th, 2008 in news, organ transplants by sally

“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.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Privacy watchdog issues guidance on FOI exemptions – OUT-LAW.com

Posted November 17th, 2008 in freedom of information, news, privacy by sally

“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.”

Full story

OUT-LAW.com, 17th November 2008

Source: www.out-law.com

Ministers urged to act on race inequality in criminal justice system – The Guardian

Posted November 17th, 2008 in criminal justice, news, race discrimination by sally

“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.”

Full story

The Guardian, 17th November 2008

Source: www.guardian.co.uk

Barristers make £75m in five years from tax and fraud cases – The Guardian

Posted November 17th, 2008 in barristers, fees, fraud, taxation by sally

“Lawyers prosecuting tax and customs fraud and illegal drug cartels have made more than £75m in fees over the past five years, according to Revenue and Customs Prosecutions Office figures.”

Full story

The Guardian, 17th November 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 17th, 2008 in law reports by sally

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)

Miller & Anor, R (on the application of) v The Independent Assessor [2008] EWHC 2758 (Admin) (13 November 2008)

Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 (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

Posted November 17th, 2008 in compulsory purchase, law reports, valuation by sally

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

Posted November 17th, 2008 in civil procedure rules, joinder, law reports by sally

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)

“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

Posted November 17th, 2008 in law reports, misfeasance in public office by sally

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.