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

Legal aid for canoe fraud couple – BBC News

Posted July 26th, 2008 in fraud, legal aid, news, proceeds of crime by sally

“Back-from-the-dead canoeist John Darwin and his wife Anne have been awarded legal aid to fight attempts to recover their assets.”

Full story

BBC News, 25th July 2008

Source: www.bbc.co.uk

Nanny walks free after judge orders jury to find her not guilty of baby killing – Daily Telegraph

Posted July 26th, 2008 in child abuse, homicide, news by sally

“A nanny accused of killing the baby son of two police officers walked free from court after a judge directed a jury to find her not guilty. “

Full story

Daily Telegraph, 25th July 2008

Source: www.telegraph.co.uk

Human rights lawyer Keir Starmer named as new prosecution service chief – The Times

Posted July 26th, 2008 in barristers, Crown Prosecution Service, news by sally

“A barrister renowed for his ground-breaking human rights work was named yesterday as the next Director of Public Prosecutions.”

Full story

The Times, 26th July 2008

Source: www.timesonline.co.uk

Man jailed over tiny gun shooting – BBC News

Posted July 26th, 2008 in firearms, news, sentencing, wounding by sally

“A man has been jailed for nine years for shooting a fellow clubber with a mini four-inch key-ring gun.”

Full story

BBC News, 25th July 2008

Source: www.bbc.co.uk

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted July 25th, 2008 in capital gains tax, company law, law reports by sally

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253

“In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be ‘associated’ not only at the time of leaving the group but also at the time of the relevant intra-group transfer. On the proper construction of the section, the use of the word ‘associated’ on its second appearance was not redundant but required the court to consider whether that word was intended to serve some purpose and was not redundant.”

WLR Daily, 24th 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.

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

Posted July 25th, 2008 in expert witnesses, law reports, trade marks by sally

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th 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 Hills; R v Davies; R v Pomfret – WLR Daily

Posted July 25th, 2008 in law reports, parole, sentencing by sally

R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251

There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”

WLR Daily, 24th 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.

Haringey London Borough Council v MA – WLR Daily

Posted July 25th, 2008 in adoption, law reports, parental responsibility by sally

Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250

“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”

WLR Daily, 24th 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.