Police demand action after pubs ditch drinking code – The Guardian

Posted July 28th, 2008 in alcohol abuse, licensed premises, licensing, news by sally

“The drinks industry has torn up a voluntary code banning aggressive happy-hour deals and other irresponsible drinks promotions in more than half of the UK’s 57,000 pubs.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Coleman v Attridge Law and another – WLR Daily

Posted July 28th, 2008 in children, disability discrimination, EC law, harassment, law reports by sally

Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257

The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”

WLR Daily, 25th July 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 v Sivaraman – WLR Daily

Posted July 28th, 2008 in conspiracy, fraud, law reports, proceeds of crime by sally

R v Sivaraman; [2008] WLR (D) 256

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th July 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.

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Posted July 28th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th July 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.

CTI Group Inc v Transclear SA – WLR Daily

Posted July 28th, 2008 in contracts, law reports, sale of goods by sally

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th July 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.

NA v United Kingdom (Application No. 25904/07)- Times Law Reports

Posted July 28th, 2008 in asylum, human rights, law reports, Sri Lanka by sally

NA v United Kingdom (Application No. 25904/07)

European Court of Human Rights

” The level of risk of ill-treatment in returning failed asylum-seekers to Sri Lanka was indicated by the fact that since 2007 the European Court of Human Rights has granted interim measures preventing the return of 342 Tamil applicants from the United Kingdom.”

The Times, 28th July 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.

Equal pay: Unions face compensation claims of up to £100m – The Guardian

Posted July 28th, 2008 in equal pay, news, sex discrimination, trade unions by sally

“Unions are facing the threat of a compensation bill for as much as £100m in the wake of an appeal court ruling that they broke the law by discriminating against women indirectly in the way they settled equal pay claims in local government.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Disabled youngsters forced into marriage to provide passports – The Independent

Posted July 28th, 2008 in disabled persons, forced marriages, news by sally

“Scores of young people with learning disabilities are being forced into marriages, The Independent on Sunday can reveal.”

Full story

The Independent, 27th July 2008

Source: www.independent.co.uk

Victory for fair tips campaign as ministers act – The Independent

Posted July 28th, 2008 in employment, news, remuneration by sally

“The Government is to outlaw the practice under which restaurants pay staff less than the national minimum wage and make up the rest in tips, following The Independent’s ‘fair tips, fair pay’ campaign.”

Full story

The Independent, 28th July 2008

Source: www.independent.co.uk

Battered women: Change in murder law seeks to aid victims of domestic abuse – The Guardian

Posted July 28th, 2008 in murder, news, women by sally

“Judges have expressed disappointment that the government will not announce this week plans to introduce American-style charges of first- and second-degree murder.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

UK Guantanamo man in legal battle – BBC News

Posted July 28th, 2008 in detention, disclosure, evidence, judicial review, news, torture, war crimes by sally

“A British resident held in Guantanamo Bay is to launch a court battle to make the UK government release evidence for his defence.”

Full story

BBC News, 27th July 2008

Source: www.bbc.co.uk

Media: Mosley to sue News of the World for libel after high court success – The Guradian

Posted July 28th, 2008 in defamation, media, news by sally

“Max Mosley is suing the News of the World for libel, having last week won a record £60,000 in damages from the paper for invasion of privacy.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

MPs ‘misled over army torture’ – The Independent

Posted July 28th, 2008 in armed forces, Iraq, news, torture by sally

“Claims that a senior army general and a defence minister misled MPs and peers over British troops’ use of banned interrogation techniques will be examined by a public inquiry into the mistreatment of prisoners, the Defence Secretary, Des Browne, said.”

Full story

The Independent, 28th July 2008

Source: www.independent.co.uk

After 21 years in a freezer, baby boy will be buried against his parents’ wishes – The Times

Posted July 28th, 2008 in burials and cremation, news by sally

“The body of a baby boy that has been lying in a mortuary freezer for 21 years is to be buried against his parents’ wishes after a council used new powers to formalise his death.”

Full story

The Times, 28th July 2008

Source: www.timesonline.co.uk

A canny kiss and tell – The Guardian

Posted July 28th, 2008 in defamation, privacy, special report by sally

“The News of the World editor, Colin Myler, will this week be examining the complex balance sheet resulting from his near-£1m legal battle with Max Mosley. But the financial penalties are by no means fatal, either for Myler’s career or for the fortunes of his paper. In short, this is very far from the end of the world for the News of the World. Or the end of the line for kiss and tell.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Daily Cause List, 28th July 2008

Posted July 28th, 2008 in news by sally

Monday 28th July 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

Podcast 76: Wood Report on BVC – City Law School response – Charon QC

Posted July 26th, 2008 in barristers, legal education, podcasts by sally

“Today I am talking to Stuart Sime, Barrister and Director of the BVC at The City Law School (Inns of Court School of Law) about his view of The Wood Report.

We discuss the content of the proposed Bar Professional Training Course and the way The City Law School approaches the training of bar students.”

Podcast

Charon QC, 23rd July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Podcast 75: Carl Gardner on the Mosley judgment, privacy and exemplary damages – Charon QC

Posted July 26th, 2008 in damages, defamation, podcasts, privacy by sally

“Today I am talking to Carl Gardner, barrister and author of the Head of Legal blog, about the judgment of Mr Justice Eady in Mosley. We examine the developing law on privacy, exemplary damages and question whether the decision was in fact a ‘landmark’ decision in some aspect, including, as a side effect, the law on consent generally after R v Brown.”

Podcast

Charon QC, 26th July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Recent Statutory Instruments – OPSI

Posted July 26th, 2008 in legislation by sally

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

The European Parliament (Number of MEPs and Distribution between Electoral Regions) (United Kingdom and Gibraltar) Order 2008

The Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008

The Small Limited Liability Partnerships (Accounts) Regulations 2008

The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

The Road Safety Act 2006 (Commencement No. 4) Order 2008

The Finance Act 2008, Schedule 38, (Appointed Day) Order 2008

The Individual Savings Account (Amendment No. 2) Regulations 2008

The Finance Act 2008 Section 135 (Disaster or Emergency) Order 2008

The Insurance Premium Tax (Amendment) Regulations 2008

The Gaming Duty (Amendment) Regulations 2008

The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2008

The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008

The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008

The Adventure Activities Licensing (Amendment) Regulations 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted July 26th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Juncal, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWCA Civ 869 (25 July 2008)

Goldeagle Properties Ltd v Thornbury Court Ltd (Rev 1) [2008] EWCA Civ 864 (25 July 2008)

High Court (Chancery Division)

Brittain v Courtway Estates Holdings SA & Anor [2008] EWHC 1791 (Ch) (25 July 2008)

Whiteley Insurance Consultants (a/k As Kingfisher Travel Insurance Services), Re v [2008] EWHC 1782 (Ch) (25 July 2008)

The Royal Oak Property Company Ltd v Iktilat & Anor [2008] EWHC 1703 (Ch) (23 July 2008)

High Court (Queen’s Bench Division)

Smith v ADVFN Plc & Ors [2008] EWHC 1797 (QB) (25 July 2008)

High Court (Family Division)

London Borough of Haringey v MA & Ors [2008] EWHC 1722 (Fam) (21 July 2008)

High Court (Administrative Division)

Liverpool City Council, R (on the application of) v London Borough of Hillingdon [2008] EWHC 1702 (Admin) (18 July 2008)

MT, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWHC 1788 (Admin) (25 July 2008)

High Court (Patents Court)

Land Securities Plc & Ors v The Registrar of Trade Marks [2008] EWHC 1744 (Pat) (25 July 2008)

Source: www.bailii.org