R (Heffernan) v Rent Service – WLR Daily

Posted August 4th, 2008 in benefits, housing, law reports, rent by sally

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 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.

Harris v Perry and another – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

“It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st August 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.

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) – WLR Daily

Posted August 4th, 2008 in assignment, financial regulation, law reports, third parties by sally

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277

“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”

WLR Daily, 1st August 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.

Ewing v Director of Public Prosecutions – WLR Daily

Posted August 4th, 2008 in judicial review, law reports, prosecutions, vexatious litigants by sally

Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276

“It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter.”

WLR Daily, 1st August 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.

Donaldson v O’Sullivan (Official Receiver intervening) – WLR Daily

Posted August 4th, 2008 in law reports, trustees in bankruptcy by sally

Donaldson v O’Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275

“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors’ meeting should make such an appointment.”

WLR Daily, 1st August 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.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Posted August 4th, 2008 in appeals, EC law, extradition, fugitive offenders, Italy, law reports, warrants by sally

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274

“Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”

WLR Daily, 1st August 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.

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted August 4th, 2008 in duty of care, law reports, police by sally

Smith v Chief Constable of Sussex Police

House of Lords

“Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them.”

The Times, 4th August 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.

Peers strike new blow against 42-day law – The Independent

Posted August 4th, 2008 in detention, news, terrorism by sally

“Proposed anti-terrorism laws to detain suspects for up to 42 days will be seriously undermined this week when senior peers condemn them as politicised and unconstitutional.”

Full story

The Independent, 3rd August 2008

Source: www.independent.co.uk

Is the law bleeding the NHS to death? – The Times

Posted August 4th, 2008 in doctors, hospitals, personal injuries, special report by sally

“Coming out of hospital with an injured finger could earn you £75,000. The NHS may have to cough up £9 billion in lawsuits. Is compensation culture killing our health service?”

Full story

The Times, 3rd August 2008

Source: www.timesonline.co.uk

Antigua murder: British government faces row over death penalty for shooting – Daily Telegraph

Posted August 4th, 2008 in Antigua, death penalty, news by sally

“The British government faces a potential diplomatic row with Antigua over the shooting of the honeymoon couple Catherine and Benjamin Mullany after demanding that anyone convicted of the crime will not face the death penalty.”

Full story

Daily Telegraph, 3rd August 2008

Source: www.telegraph.co.uk

Swan death case dropped – BBC News

Posted August 4th, 2008 in birds, environmental protection, evidence, news by sally

“A case against three men accused of killing 29 swans has been dropped after evidence was lost at a police station.”

Full story

BBC News, 1st August 2008

Source: www.bbc.co.uk

Estate agent kills himself after sex harassment case – Daily Telegraph

Posted August 4th, 2008 in harassment, news, sexual offences, suicide by sally

“An estate agent has killed himself two weeks after being ordered to pay a former employee tens of thousands of pounds for sexual harassment.”

Full story

Daily Telegraph, 2nd August 2008

Source: www.telegraph.co.uk

Eddie Gilfoyle: judges’ error over suicide note gives husband hope of appeal – The Times

Posted August 4th, 2008 in appeals, evidence, murder, news, suicide by sally

“A glaring error by judges in the case of a man accused of killing his wife by faking her suicide is to be used in a fresh attempt to clear his name.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Call for law on life support to meet wishes of organ donors – The Times

Posted August 4th, 2008 in news, organ transplants by sally

“The law should be clarified to make clear that removing organs for transplant may be in a donor’s ‘best interests’, the new National Clinical Director for Transplantation says.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Fingers pulled from bag in court – BBC News

Posted August 4th, 2008 in fraud, juries, news, tax credits, witchcraft by sally

“A woman caused uproar in court when she pulled two fingers from her handbag claiming they had belonged to one of her six children.”

Full story

BBC News, 1st August 2008

Source: www.bbc.co.uk

Jack Straw failed to intervene on ‘soft’ knife sentences – Daily Telegraph

Posted August 4th, 2008 in news, offensive weapons, sentencing by sally

“The Sentencing Guildelines Council, headed by senior judges, was forced to introduce tougher sentences in response to the public outcry over the recent spate of fatal stabbings.”

Full story

Daily Telegraph, 3rd August 2008

Source: www.telegraph.co.uk

Vulnerable children failed by notification scheme and ‘private fostering’ – The Times

Posted August 4th, 2008 in child abuse, child neglect, fostering, news by sally

“Thousands of young children are at risk of neglect or abuse because the system set up to protect them in the wake of the death of Victoria Climbié is failing.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

MI5 misled MPs over Briton’s secret rendition, court told – The Guardian

Posted August 4th, 2008 in Diego Garcia, news, terrorism, torture by sally

“MI5 misled MPs about what it knew of the whereabouts of Binyam Mohamed, a British resident who says he was tortured before being secretly rendered to Guantánamo Bay, the high court was told yesterday.”

Full story

The Guardian, 2nd August 2008

Source: www.guardian.co.uk

Barry George, the man cleared of Jill Dando’s murder, may sue over photo – The Times

Posted August 4th, 2008 in defamation, news by sally

“Barry George, who was cleared last week of murdering the Crimewatch presenter Jill Dando, is considering legal action over the picture of a masked gunman that police claim is him.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Agents ‘breaking home pack law’ – BBC News

Posted August 4th, 2008 in estate agents, home information packs, news by sally

“Some estate agents in England and Wales are breaking the law by marketing properties without ordering a Home Information Pack, the BBC has learned.”

Full story

BBC News, 2nd August 2008

Source: www.bbc.co.uk