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
Each detected crime costs £10,000 – Daily Telegraph
“The number of crimes being solved by police has fallen or ground to a halt in nearly two thirds of forces in England and Wales, The Daily Telegraph has learned.”
Daily Telegraph, 21st January 2008
Source: www.telegraph.co.uk
Government braced for revolt to force EU referendum – The Guardian
“Senior ministers are bracing themselves for the most significant revolt Gordon Brown has faced when Eurosceptic Labour rebels join forces with the Conservatives to try to force a referendum on the EU’s Lisbon treaty.”
The Guardian, 21st January 2008
Source: www.guardian.co.uk
Weekend Review Podcast 2: Sunday 20th January 2008 – Charon QC
“My guests today are: Tim Kevan on his new boook ‘Why lawyers should surf’ – Dr Peter Groves, Consultant with Bircham Dyson Bell, talking about the copyright implications of parody – Carl Gardner, author of the Head of Legal Blog, on the Gary Newlove bail case and Simon Myerson QC, a leading criminal law silk from Yorkshire who authors the Pupillage and how to get it blog. I ask Simon Myerson why he is not prepared to sign the Legal Services Commission contract. He has some robust views.”
Listen to Weekend Review Podcast 2
Charon QC, 20th January 2008
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of Consilio.tv
Law chief in tears over prostitute driven to kill
“The Solicitor General will be heard weeping on Monday as she describes on radio how the tragic case of a teenager who killed her pimp inspired her proposed reform of the prostitution laws.”
Daily Telegraph, 21st January 2008
Source: www.telegraph.co.uk
MoD to be quizzed over lost data – BBC News
“The information watchdog is to grill the Ministry of Defence over its data protection policies after it lost the personal details of 600,000 people.”
BBC News, 19th January 2008
Source: www.bbc.co.uk
Jack Straw may relinquish prison powers – The Times
“Jack Straw is to consider giving up his power to block the transfer of long-term offenders, including murderers, into open prisons in preparation for their release.”
The Times, 21st January 2008
Source: www.timesonline.co.uk
‘We want to offer sharia law to Britain’ – Daily Telegraph
“Islamic courts meet every week in the UK to rule on divorces and financial disputes. Clare Dwyer Hogg and Jonathan Wynne-Jones report on demands by senior Muslims that sharia be given legal authority.”
Daily Telegraph, 19th January 2008
Source: www.telegraph.co.uk
Property lawyers sued for fraud – The Sunday Times
“One of Britain’s biggest property law firms has become embroiled in a spectacular fraud claim.”
The Sunday Times, 20th January 2008
Source: www.timesonline.co.uk
Jail experts to tackle suicide surge – The Observer
“A specialist investigation team is to be sent into one of Britain’s high-security jails after five of its prisoners committed suicide in just over a year.”
The Observer, 20th January 2008
Source: www.guardian.co.uk
