Current Awareness

Club la Costa (UK) plc v Gebhard and another – WLR Daily

Posted October 29th, 2008 in defamation, law reports, offer of amends by sally

Club la Costa (UK) plc v Gebhard and another [2008] EWHC 2552 (QB); [2008] WLR (D) 332

“A valid offer to make amends under s 2(2) of the Defamation Act 1996 could not be made without the offeror conceding that the ‘specific defamatory meaning’ which the statement conveyed was defamatory of the person bringing the complaint.”

WLR Daily, 28th October 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.

In re Times Newspapers Ltd and another – WLR Daily

Posted October 29th, 2008 in anonymity, contempt of court, courts martial, law reports by sally

In re Times Newspapers Ltd and another [2008] EWCA Crim 2396; [2008] WLR (D) 331

“For a court to order the anonymisation of defendants’ names in a case in which no applicable statute provided a power justifying such an order, careful regard would have to be had to the relevant tests identified at common law, viz whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

WLR Daily, 28th October 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.

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE – Times Law Reports

Posted October 29th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE

Court of Appeal

“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”

The Times, 29th October 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.

Horsham Properties Group Ltd v Clark and Another – Times Law Reports

Posted October 29th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and Another

Chancery Division

“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”

The Times, 29th October 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.

Criminal Justice and Immigration Act 2008 (Provisions commencing on 3 November 2008)- Ministry of Justice

Posted October 29th, 2008 in circulars, criminal justice, immigration by sally

“This circular provides details of some of the provisions in the Criminal Justice and Immigration Act 2008 which come into force on 3 November 2008.”

Full circular

Ministry of Justice, 29th October 2008

Source: www.justice.gov.uk

Excluding extremists – Home Office

Posted October 29th, 2008 in immigration, press releases, terrorism by sally

“Tough new measures would prevent those who foster extremism from ever entering the country.”

Full press release

Home Office, 28th October 2008

Source: www.homeoffice.gov.uk

Sex assault sailor loses appeal – BBC News

Posted October 29th, 2008 in appeals, news, sentencing, sexual offences by sally

“A Royal Navy officer, who was jailed for sexually assaulting a helpless partygoer, has failed to get his sentence cut.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

Thirty organisations are under ICO investigation over data breaches – OUT-LAW.com

Posted October 29th, 2008 in appeals, data protection, news, sentencing by sally

“The UK’s privacy watchdog the Information Commissioner’s Office (ICO) is currently pursuing 30 investigations into serious data security breaches, it said. In the past year 227 breaches have been reported to it.”

Full story

OUT-LAW.com, 29th October 2008

Source: www.out-law.com

Payout over film-maker’s damages – BBC News

Posted October 29th, 2008 in contracts, damages, film industry, news, repairs by sally

“A man has been awarded £79,000 after his home, which he rented out for a film starring Bond actor Daniel Craig, was damaged by a production company.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

MPs demand action on road deaths – BBC News

Posted October 29th, 2008 in news, road safety by sally

“Lower speed limits and a tougher enforcement of drink-driving laws are needed to cut the number of road deaths, MPs have said.”

Full story

BBC News, 29th October 2008

Source: www.bbc.co.uk

Drayton Manor High School wins case against adjudicator – The Times

Posted October 29th, 2008 in news, school admissions by sally

“A leading state school has won a legal challenge over a ruling that its admissions policy discriminated against children from poor families.”

Full story

The Times, 29th October 2008

Source: www.timesonline.co.uk

Watchdog to investigate Russell Brand and Jonathan Ross’s phone prank – The Guardian

Posted October 29th, 2008 in media, news by sally

“Ofcom is to investigate whether the lewd messages left on actor Andrew Sachs’ answerphone by Russell brand and Jonathan Ross and aired on Radio 2 breached the broadcasting code, as complaints to the BBC hit 4,500.”

Full story

The Guardian, 28th October 2008

Source: www.guardian.co.uk

Bigger databases increase risks, says watchdog – The Guardian

Posted October 29th, 2008 in data protection, news, privacy by sally

“The proliferation of ever larger centralised databases is increasing the risk of people’s personal data being lost or abused, the government’s official privacy watchdog claims today.”

Full story

The Guardian, 29th October 2008

Source: www.guardian.co.uk

Prison fear for relatives who assist suicide – The Guardian

Posted October 29th, 2008 in assisted suicide, news by sally

“Prosecutors fear a high court judgment today will lead to the first criminal cases against people who helped their terminally ill relatives to die.”

Full story

The Guardian, 29th October 2008

Source: www.guardian.co.uk

‘Catch me if you can,’ said student behind biggest chip and PIN fraud – The Times

Posted October 29th, 2008 in computer crime, news, theft by sally

“A computer whiz-kid has been jailed over the theft of information from 19,000 credit cards.”

Full story

The Times, 29th october 2008

Source: www.timesonline.co.uk

Early release prisoners ‘killed three people’ – The Times

Posted October 29th, 2008 in early release, news, prisons by sally

“Three murders have allegedly been committed by prisoners let out of jail early under emergency measures introduced by the Government to ease overcrowding.”

Full story

The Times, 29th October 2008

Source: www.timesonline,co.uk

BAILII: Recent Decisions

Posted October 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Urushadze, R. v [2008] EWCA Crim 2498 (08 October 2008)

Lavery, R. v [2008] EWCA Crim 2499 (09 October 2008)

Court of Appeal (Civil Division)

O’Brien & Ors v South Cambridgeshire District Council [2008] EWCA Civ 1159 (24 October 2008)

High Court (Queen’s Bench Division)

Club La Costa (UK) Plc v Gebhard & Ors [2008] EWHC 2552 (QB) (24 October 2008)

High Court (Commercial Court)

Markel Capital Ltd v Gothaer Allgemeine Versicherung AG & Anor [2008] EWHC 2517 (Comm) (24 October 2008)

Source: www.bailii.org

European patent body will issue definitive ruling on software patents – OUT-LAW.com

Posted October 28th, 2008 in computer programs, EC law, news, patents by sally

“The European Patent Office (EPO) has asked its ultimate legal authority to look at the European Patent Convention (EPC) and issue advice on the patentability of software. The EPO said that such advice was necessary to ensure the uniform application of the EPC.”

Full story

OUT-LAW.com, 28th October 2008

Source: www.out-law.com

Smith insists government was right on 42 days – The Guardian

Posted October 28th, 2008 in detention, news, terrorism by sally

“Jacqui Smith today said she was sorry for ‘ruffling feathers’ over plans to increase detention without charge for terror suspects to 42 days but insisted she was more concerned about the safety of the nation.”

Full story

The Guardian, 28th October 2008

Source: www.guardian.co.uk