Current Awareness

Case track limits and the claims process for personal injury claims – Department for Constitutional Affairs

Posted April 20th, 2007 in civil justice, civil procedure rules, consultations, personal injuries by sally

“The first part of this paper reviews and makes proposals on the case management track limits for civil claims found in Part 26.6 of the Civil Procedure Rules. The second part considers how the claims process for personal injury cases could be streamlined to become more efficient and cost effective.”

Case track limits and the claims process for personal injury claims CP 8/07, 20th April 2007

Source: www.dca.gov.uk

Chiniah v. Director General of the Mauritius Revenue Authority – WLR Daily

Posted April 20th, 2007 in company directors, income tax, law reports by sally

Chiniah v. Director General of the Mauritius Revenue Authority

“A court could take into account a director’s dominant shareholding of a company in determining whether, under the law of Mauritius, he was a ‘principal officer’ of that company so as to be personally liable for income tax owed by the company.The Privy Council so held in dismissing an appeal by Jayram Chiniah from the order of the Court of Civil Appeal of Mauritius (YKJ Yeung Sik Yuen ACJ and P Lam Shang Leen J) affirming the decision of the Supreme Court of Mauritius to dismiss his notice of motion for erasure of an inscription of privilege in the sum of Rs 6.9m over his property, taken under the authority of the Income Tax Act 1995, in respect of income tax for the years 1991–92 to 1994–95 due by a company, Chiniah & Sons Ltd of which he was, until 17 April 1996, a director.”

WLR Daily, 17th April 2007

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.

EU agrees to common child support laws – The Guardian

Posted April 20th, 2007 in child support, EC law, news by sally

“European Union countries agreed yesterday to bolster the rights of parents and couples trying to collect child support payments across EU borders.”

Full story

The Guardian, 20th April 2007

Source: www.guardian.co.uk

Higher rights plan backed – Law Society’s Gazette

Posted April 20th, 2007 in advocacy, news, solicitors by sally

“Advocacy should not be treated differently from other practice areas and so the requirement for solicitors to achieve an additional qualification before being permitted to exercise higher rights is unnecessary, the Law Society has said.”

Full story

Law Society’s Gazette, 20th April 2007

Source: www.lawgazette.co.uk

Peers deal blow as reform bill spirals – Law Society’s Gazette

Posted April 20th, 2007 in legal profession, legal services, news by sally

“The government suffered its first bloody nose over the Legal Services Bill this week, when peers voted to require the head of the proposed oversight regulator for the profession to be appointed with the concurrence of the Lord Chief Justice.”

Full story

Law Society’s Gazette, 19th April 2007

Source: www.lawgazette.co.uk

Bar Council Publishes Graduated Fee Payment Protocol – Bar Council

Posted April 20th, 2007 in barristers, fees by sally

“The criminal graduated fees scheme will be introduced from 30th April when the Criminal Defence Service (Funding) Order 2007 SI No 1174 comes into force. The Bar Council has now published its Graduated Fee Payment Protocol containing recommended practical ways in which to manage the new arrangements.”

Graduated Fee Payment Protocol (Word document)

Bar Council, 20th April 2007

Source: www.barcouncil.org.uk

Coroner rejects US pilot error claim in Iraq crash – The Guardian

Posted April 20th, 2007 in coroners, Iraq, news by sally

“The death of eight British servicemen in an American helicopter crash at the start of the Iraq war was due to mechanical failure, and not pilot error as the US has claimed, an Oxford coroner ruled yesterday.”

Full story

The Guardian, 20th April 2007

Source: www.guardian.co.uk

Police call for tougher gun crime laws – The Guardian

Posted April 20th, 2007 in firearms, news by sally

“One of the UK’s most senior police officers has called for new laws that would compel the public to give information to the police about gun crime – whether they want to or not.”

Full story

The Guardian, 20th April 2007

Source: www.guardian.co.uk

Angry families of terror victims seek payouts – The Guardian

Posted April 20th, 2007 in compensation, news, terrorism by sally

“British victims of terrorist atrocities abroad yesterday voiced their frustration and anger at the lack of help from the government. Survivors of bombings in Bali, Egypt and Turkey spoke out on the eve of the second reading of a private member’s bill which hopes to introduce a system that would allow the families of those killed or injured to be paid compensation.”

Full story

The Guardian, 20th April 2007

Source: www.guardian.co.uk

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd. – Times Law Reports

Posted April 20th, 2007 in landlord & tenant, law reports by sally

Tenants can serve notice on freeholder

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd.

Court of Appeal

“Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants, they were entitled to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.”

The Times, 20th April 2007

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.

O’Hanlon v. Customs Commissioners – Times Law Reports

Posted April 20th, 2007 in disability discrimination, law reports by sally

Limit to sick pay is lawful

O’Hanlon v. Revenue and Customs Commissioners

Court of Appeal

“A sick pay policy that did not provide unlimited full pay for a disabled employee who had lengthy absences from work was not discriminatory under the Disability Discrimination Act 1995.”

The Times, 20th April 2007

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.

Regina (Consumer Council for Postal Services) v. Postal Services Commission and Another – Times Law Reports

Posted April 20th, 2007 in compensation, law reports, postal service by sally

Absence of lawyer is regretted

Regina (Consumer Council for Postal Services) v. Postal Services Commission and Another

Court of Appeal

“The Royal Mail was entitled to refuse compensation to a customer who was in default of credit terms without reasonable excuse. The fact and extent of the customer’s default was ascertained by reference to a particular point rather than a period of time.”

The Times, 20th April 2007

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.

In re K (Child) (Adoption: Permission to advertise) – Times Law Reports

Posted April 20th, 2007 in adoption, law reports by sally

Premature advertising for adoption

In re K (Child) (Adoption: Permission to advertise)

Family Division

“Before a child could be advertised for adoption the local authority had to be satisfied that the child ought to be placed for adoption.”

The Times, 20th April 2007

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.

EU makes it against law to condone genocide – The Times

Posted April 20th, 2007 in EC law, genocide, news by sally

“Condoning or ‘grossly trivialising’ genocide will become a crime punishable by up to three years in prison across Europe, although justice ministers failed to agree a specific ban on denying the Holocaust yesterday.”

Full story

The Times, 20th April 2007

Source: www.timesonline.co.uk

Suing a cartel should be easier, says OFT – OUT-LAW.com

Posted April 19th, 2007 in competition, news by sally

“Consumers and businesses harmed by cartels and other anti-competitive practices should be better placed to recover their losses, according to the Office of Fair Trading (OFT) which launched a consultation on changing competition rules this week.”

Full story

OUT-LAW.com, 19th April 2007

Source: www.out-law.com

Compensation bid for bomb victims – BBC News

Posted April 19th, 2007 in compensation, news, terrorism by sally

“A bid for compensation for Britons who are killed or hurt in terrorist attacks abroad is to be debated by peers.”

Full story

BBC News, 19th April 2007

Source: www.bbc.co.uk

BAILII: Recent decisions

Posted April 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 (19 April 2007)

Millam v Print Factory (London) 1991 Ltd [2007] EWCA Civ 322 (19 April 2007)

Atabo v Kings College London & Ors James Newman Patricia Methven Madeleine Law [2007] EWCA Civ 324 (19 April 2007)

Source: www.bailii.org

Thompsons secures key age discrimination win – The Lawyer

Posted April 19th, 2007 in age discrimination, news by sally

“Thompsons has won the first age discrimination case since new laws were introduced in October 2006, paving the way for a slew of similar cases.”

Full story

The Lawyer, 19th April 2007

Source: www.thelawyer.com

Inquest date for NatWest Three death – Daily Telegraph

Posted April 19th, 2007 in coroners, extradition, news by sally

“The inquest into the death of Neil Coulbeck, who worked with the Natwest Three, has been set for May 23, 10 months after the banker was found hanged near his home.”

Full story

Daily Telegraph, 19th April 2007

Source: www.telegraph.co.uk