New lawyer call system ‘in chaos’ – BBC News
“Lawyers say a new call centre system which is supposed to put them in touch with arrested clients in England and Wales is in chaos.”
BBC News, 22nd January 2008
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2008] EWCA Civ 1468 (21 January 2008)
High Court (Chancery Division)
HM Revenue & Customs v Weight Watchers (UK) Ltd [2008] EWHC 53 (Ch) (21 January 2008)
High Court (Patents Court)
Monsanto Technology LLC v Cargill International SA & Anor [2007] EWHC 3113 (Pat) (21 December 2007)
Nokia Corp v Interdigital Technology Corp [2007] EWHC 3077 (Pat) (21 December 2007)
Source: www.bailii.org
IPCC will not investigate Bedford death: death not result of taser – Independent Police Complaints Commission
“The Independent Police Complaints Commission (IPCC) has decided that the death of Justin Petty who died of knife wounds is suitable for investigation by Bedfordshire Police.”
Independent Police Complaints Commission, 21st January 2008
Source: www.gnn.gov.uk
Recent Statutory Instruments – OPSI
The Police Authorities (Particular Functions and Transitional Provisions) Order 2008
The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2008
The Crime and Disorder Act 1998 (Additional Authorities) Order 2008
The Manchester College (Government) Regulations 2008
The Manchester College (Incorporation) Order 2008
Source: www.opsi.gov.uk
Hate groups could land social networking sites in court – The Guardian
“Social networking forums, where users give full vent to their gripes about everyone from gas providers and airline companies to the local bus operator, have caught the eye of media lawyers, who warn that such postings may be leaving sites such as Facebook and MySpace open to libel actions.”
The Guardian, 21st January 2008
Source: www.guardian.co.uk
Towards a Bill of Rights and Responsibility – Ministry of Justice
“Jack Straw has given a speech on how a British Bill of Rights and Responsibilities fits into a long British tradition, and how we would be greatly impoverished without the Human Rights Act.”
Ministry of Justice, 21st January 2008
Source: www.justice.org.uk
Driver faked death to avoid fines – BBC News
“Road safety experts have condemned a driver who faked his own death to avoid paying £180 in speeding fines.”
BBC News, 21st January 2008
Source: www.bbc.co.uk
Appeal to give up imitation guns – BBC News
“Police in London have launched a campaign urging young men and boys to hand in their imitation firearms.”
BBC News, 21st January 2008
Source: www.bbc.co.uk
Guide to the Criminal Procedure (Amendment No. 3) Rules 2007 – Ministry of Justice
“The Criminal Procedure Rule Committee has made new rules about case management; a new procedure for applying in criminal cases for an anti-social behaviour order or other civil behaviour order; and new rules about appeals or references to the House of Lords.”
Ministry of Justice, 21st January 2008
Source: www.justice.gov.uk
Stuart v Goldberg Linde and another – WLR Daily
Stuart v Goldberg Linde and another [2008] EWCA Civ 2 [2008] WLR (D) 4
“In determining whether a claim was an abuse of the process of the court on the ground that it should have been included in a previous action, the prospects of the claim’s success or failure and delay in bringing it (falling short of a statutory time bar or laches) were not generally relevant.”
WLR Daily, 18th January 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.
McDougall v Richmond Adult Community College – WLR Daily
McDougall v Richmond Adult Community College [2008] EWCA Civ 4 [2008] WLR (D) 3
“When determining whether an adverse effect on a person’s ability to carry out normal day-to-day activities was “likely to recur”, within the meaning of para 2(2) of Sch 1 to the Disability Discrimination Act 1995, an employment tribunal should make its determination on the basis of evidence available at the time of the allegedly discriminatory act.
The Court of Appeal so held when allowing the appeal of the respondent, Richmond Adult Community College, from the decision of the Employment Appeal Tribunal [2007] ICR 1567 dated 13 July 2007 allowing the appeal of the claimant, Elizabeth McDougall, from the decision of an employment tribunal sitting at London (South) on 27 June 2006 dismissing the claimant’s complaint of disability discrimination on the ground that she did not have a disability for the purposes of the Disability Discrimination Act 1995.”
WLR Daily, 18th January 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.
Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily
Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07) [2008] WLR (D) 2
“On the proper interpretation of art 7(2) (first indent) of Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.
The First Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Cour de cassation, France.”
WLR Daily, 18th January 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.
Jones v Wrexham Borough Council – Times Law Reports
Jones v Wrexham Borough Council
Court of Appeal
“Whether a conditional fee agreement was one as to own side’s costs, depended on analysing the arrangement for the agreement, the client-care letter explaining the effect of the arrangement and the insurance policy recommended by the solicitor.”
The Times, 21st January 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.
Perrin and Another v Northampton County Council – Times Law Reports
Perrin and Another v Northampton County Council
Court of Appeal
“Where the roots of a tree subject to a tree preservation order damaged or threatened to damage the foundations of a neighbour’s house, the local authority was entitled to consider means of abating the nuisance, such as engineering works, which would avoid the need for the tree to be cut down, uprooted, topped or lopped so as to preserve the tree as a local amenity.”
The Times, 21st January 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.
MPs back organ donor law change – The Observer
“An overwhelming majority of MPs support adopting a new system of organ donation, because the shortage of donor kidneys, hearts and lungs is so severe, a survey carried out by The Observer has found. Of the 120 who responded to a poll last week, 97 said they were in favour of proposals to change current rules, so that everyone would automatically be considered a donor after their death, unless they had opted out during their lifetime, or relatives objected.”
The Observer, 20th January 2008
Source: www.guardian.co.uk
Brown pushes for 42-day detention – BBC News
“Prime Minister Gordon Brown is pressing ahead with controversial plans to extend the time terror suspects can be held without charge to 42 days.”
BBC News, 20th January 2008
Source: www.bbc.co.uk
The minister, Jacqui Smith, street strife and a late-night kebab in Peckham – The Times
“Jacqui Smith began the toughest week of her ministerial career yesterday trying to defend herself after saying that the streets of London were too dangerous to walk alone at night.”
The Times, 21st January 2008
Source: www.timesonline.co.uk
Man shot by police Taser gun dies after ‘self-inflicted injury’ – The Guardian
“A man has died after he was shot with a Taser gun and then apparently injured himself with a knife, according to police.”
The Guardian, 21st January 2008
Source: www.guardian.co.uk
