Doherty v Birmingham City Council – Times Law Reports
Doherty v Birmingham City Council
House of Lords
“Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier’s right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier’s defence to a local authority’s claim for possession should be remitted to the judge for examination of the question whether the council’s decision to seek possession had been reasonable.”
The Times, 14th 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.
British libel laws stifle free speech, claims UN – Daily Telegraph
“Britain’s libel laws are damaging free speech around the world as wealthy businessmen and celebrities increasingly turn to UK courts to sue their critics abroad, the United Nations has warned.”
Daily Telegraph, 14th August 2008
Source: www.telegraph.co.uk
Analysis: owning up to the FSA – The Times
“If an investment bank has uncovered evidence that a trader has deliberately mispriced positions it then faces an additional burden: informing the Financial Services Authority (FSA).”
The Times, 13th August 2008
Source: www.timesonline.co.uk
Ethnic minority lawyers discriminated against, report finds – The Guardian
“The body that regulates solicitors has been discriminating against ethnic minority lawyers and subjecting them to potentially ruinous investigations, an independent report has concluded.”
The Guardian, 14th August 2008
Source: www.guardian.co.uk
Convicted rapist declared ‘safe’ months before he murdered teenager – Daily Telegraph
“A convicted rapist sexually assaulted and murdered a teenage girl only months after he had been downgraded to the lowest risk level by public protection officials, it has been disclosed.”
Daily Telegraph, 13th August 2008
Source: www.telegraph.co.uk
Justice or giving comfort to thieves? – The Times
“A woman walks into a jeweller’s shop and pockets a ring worth £10,000. As she leaves, she is arrested by store detectives. They retrieve the ring. The woman is prosecuted and convicted of theft. Even though the ring has been recovered the court makes a confiscation order against her for £10,000. Where is the justice in that? ”
The Times, 14th August 2008
Source: www.timesonline.co.uk
Murder case affair judge resigns – BBC News
“A part-time judge whose affair with a married woman drove her jealous husband to murder their daughter has resigned.”
BBC News, 13th August 2008
Source: www.bbc.co.uk
Convicted rapist declared ‘safe’ months before he murdered teenager
“A convicted rapist sexually assaulted and murdered a teenage girl only months after he had been downgraded to the lowest risk level by public protection officials, it has been disclosed.”
Daily Telegraph, 13th August 2008
Source: www.telegraph.co.uk
Parents to be charged with murder of seven-year-old girl – The Guardian
“The mother and stepfather of a seven-year-old girl who allegedly starved to death are to be charged with her murder, the Crown Prosecution Service announced today.”
The Guardian, 13th August 2008
Source: www.guardian.co.uk
Post union demands dog attack law – BBC News
“A trade union is pressing for a change in the law to help reduce the number of dog attacks on postal delivery staff.”
BBC News, 13th August 2008
Source: www.bbc.co.uk
Boy suffers ‘blast injury’ from exploding joke pen – Daily Telegraph
“A toy company has been fined more than £5,000 after a nine-year-old boy suffered a ‘blast injury’ in his eye from a joke exploding pen.”
Daily Telegraph, 13th August 2008
Source: www.telegraph.co.uk
Repeat loo flusher faces eviction – BBC News
“A council tenant faces being evicted from her home after repeatedly flushing the toilet during the night.”
BBC News, 13th August 2008
Source: www.bbc.co.uk
Colin Stagg wins £706,000 payout over Rachel Nickell murder charge – The Guardian
“Colin Stagg, who was cleared 14 years ago of murdering Rachel Nickell, has been awarded £706,000 compensation, his solicitor said today.”
The Guardian, 13th August 2008
Source: www.guardian.co.uk
Privacy awareness not backed up by behaviour, survey finds – OUT-LAW.com
“Almost 90% of UK internet users are prepared to give away private data despite 84% of the same users claiming to be very guarded about online privacy.”
OUT-LAW.com, 13th August 2008
Source: www.out-law.com
Justice review backs class actions in English courts – OUT-LAW.com
“More class actions in English courts would benefit consumers, small businesses and employees, according to a new report by the advisory body charged with overseeing the modernisation of the civil justice system.”
OUT-LAW.com, 13th August 2008
Source: www.out-law.com
BAILII: Recent Decisions
High Court (Commercial Court)
Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2008] EWHC 1748 (Comm) (22 July 2008)
High Court (Patents Court)
Interdigital Technology Corporation v Nokia Corporation & Anor [2008] EWHC 969 (Pat) (29 April 2008)
Source: www.bailii.org
R (M) v Slough Borough Council – WLR Daily
R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292
“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”
WLR Daily, 12th 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.
Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily
“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”
WLR Daily, 12th 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.
