Let your employees use Facebook — it’s less risky than you think – The Times
“Web 2.0 has thrown up new legal challenges for businesses but they shouldn’t detract from the opportunities.”
The Times, 18th October 2007
Source: www.timesonline.co.uk
Palacios de la Villa v Cortefiel Servicios SA – WLR Daily
Palacios de la Villa v Cortefiel Servicios SA (Case C-411/05)
“Although a Spanish law permitting compulsory retirement at age 65 gave rise to a difference in treatment directly based on age, as referred to in art 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, it was justified under art 6 as a measure having a legitimate aim relating to employment policy.”
WLR Daily, 16th October 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.
R v Abdroikov; R v Green; R v Williamson – WLR Daily
R v Abdroikov; R v Green; R v Williamson [2007] UKHL 37
“The principle that justice should not only be done but should be seen to be done and that a defendant had a right to be tried by an independent and impartial tribunal might in certain circumstances be violated when a serving police officer or a lawyer employed by a prosecuting authority was a member of a jury.”
WLR Daily, 17th October 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.
Wester v Borland – WLR Daily
“A trustee seeking to exercise his power of lien over a trust fund had to demonstrate that there were substantial grounds upon which to do so and that he had taken all reasonable steps to ascertain his liability. Once he had done that it was for the beneficiaries to demonstrate that those grounds did not exist.”
WLR Daily, 15th October 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.
United Utilities Water plc v Environment Agency for England and Wales – WLR Daily
United Utilities Water plc v Environment Agency for England and Wales [2007] UKHL 41
“The requirement for a permit to operate waste water treatment plants which disposed of non-hazardous water waste applied to plants where intermediate treatment took place prior to its transportation to another installation for further treatment and disposal. The House of Lords so held in dismissing an appeal by United Utilities Water plc against the decision of the Court of Appeal (Sir Anthony Clarke, MR, Laws and Smith LJJ) [2006] EWCA Civ 633 upholding an order of Nelson J that United Utilities required a permit from the Environment Agency for England and Wales for sludge treatment plants at Bolton, Davyhulme and Widnes.”
WLR Daily, 17th October 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.
Rothwell v Chemical and Insulating Co Ltd and another; Topping v Bench Town Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F T Everard & Sons Ltd and another – WLR Daily
“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment, could not sue his employers for negligence because the presence of pleural plaques did not constitute actionable damage. Although pleural plaques indicated the presence in the lungs and pleura of asbestos fibres which could cause other life-threatening diseases such as asbestosis or mesothelioma, the risk of future illness was not actionable, neither was a psychiatric illness caused by the contemplation of that risk, and those three factors could not be aggregated so as to give rise to a cause of action.”
WLR Daily, 17th October 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.
Moncrieff and another v Jamieson and others – WLR Daily
Moncrieff and another v Jamieson and others [2007] UKHL 42
“A servitude right to park vehicles, where necessary for the comfortable use and enjoyment of a right of vehicular access, was capable of being constituted in the law of Scotland as ancillary thereto.”
WLR Daily, 17th October 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.
Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) – WLR Daily
“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”
WLR Daily, 17th October 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.
House of Lords Judgments: What’s new?
Government’s response to report ‘Relations between the executive, the judiciary and Parliament’ – Ministry of Justice
“Government’s response to the House of Lords Select Committee on the Constitution’s report ‘Relations between the executive, the judiciary and Parliament’. The Committee’s inquiry was conducted between May 2006 and July 2007, producing several conclusions and recommendations for the Government and others. The report was published on 26 July 2007 and the response was published on 17 October 2007.”
Ministry of Justice, 17th October 2007
Source: www.justice.gov.uk
Ministers lose legal shakeup vote – BBC News
“Ministers have lost a series of votes in the House of Lords over plans to regulate lawyers in England and Wales.”
BBC News, 17th October 2007
Source: www.bbc.co.uk
High Court judge wants to bring in ethnic quotas – The Times
“Britain’s only black High Court judge last night condemned the ‘woefully slow’ rate of progress over opening up the judiciary to non-white candidates.”
The Times, 18th October 2007
Source: www.timesonline.co.uk
QC body: this year’s silk round to miss this year – Legal Week
“The relaunched QC body is unlikely to finalise its new appointment round this year in a development that will raise questions about the future of the silks system.”
Legal Week, 18th October 2007
Source: www.legalweek.com
Review after toddler torture case – BBC News
“A review is under way into the case of a man jailed for torturing his stepdaughter to death after neighbours had alerted the authorities.”
BBC News, 18th October 2007
Source: www.bbc.co.uk
Lawyers take MoD to court over Iraqi mutilation claims – The Guardian
“The Ministry of Defence will come under fresh pressure tomorrow to launch an independent inquiry into allegations of abuse of Iraqis by British soldiers after a fierce gun battle with insurgents three years ago.”
The Guardian, 18th October 2007
Source: www.guardian.co.uk
Dispersal orders ‘displace crime’ – BBC News
“Police dispersal powers which aim to tackle anti-social behaviour merely displace crime to neighbouring areas, a report has suggested.”
BBC News, 18th October 2007
Source: www.bbc.co.uk
Boost for arbitration after landmark ruling – The Times
“London’s hopes of becoming the world’s pre-eminent centre for arbitration were boosted as the UK’s highest court officially embraced the alternative method of settling disputes.”
The Times, 17th October 2007
Source: www.timesonline.co.uk
Case quashed over lawyer on jury – BBC News
“Law lords have overturned the rape conviction of a man in what his defence team are claiming could be a landmark judgement.”
BBC News, 17th October 2007
Source: www.bbc.co.uk
Asbestos victims lose compensation fight – Reuters
“Victims of the early effects of exposure to asbestos lost a landmark compensation claim in the Lords on Wednesday.”
Reuters, 17th October 2007
Source: www.reuters.com
Princess Margaret’s ‘illegitimate son’ wins appeal right – The Guardian
“A man claiming to be the illegitimate son of Princess Margaret today won the right to continue his fight to see the contents of her will.”
The Guardian, 17th October 2007
Source: www.guardian.co.uk
