Rothwell v Chemical and Insulating Co Ltd and Another; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F. T. Everard and Sons Ltd and Another – Times Law Reports

Posted October 24th, 2007 in industrial injuries, law reports, negligence by sally

Pleural plaques provide no cause of action

Rothwell v Chemical and Insulating Co Ltd and Another; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F. T. Everard and Sons Ltd and Another

House of Lords

“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.”

The Times, 24th October 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.

Trusting the Jury – Speech by Lord Phillips of Worth Matravers

Posted October 24th, 2007 in bad character, hearsay evidence, juries, speeches by sally

Trusting the Jury (PDF)

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales.

The Criminal Bar Association Kalisher Lecture, 23rd October 2007.

Source: www.judiciary.gov.uk

House of Lords Judgments: What’s new?

Posted October 24th, 2007 in law reports by sally

Yeda Research and Development Company Limited (Appellants) v.Rhone-Poulenc Rorer International Holdings Inc and others (Respondents) [2007] UKHL 43 (24 October 2007)

Somerville (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Blanco (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Henderson (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Ralston (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)(Consolidated Appeals) [2007] UKHL 44 (24 October 2007)

Source: www.parliament.uk

Britain secretly converts prisons to detain foreign criminals only – The Times

Posted October 24th, 2007 in news, prisons by sally

“Two jails in England and Wales are occupied fully by foreign inmates as the Prison Service tries to cope with a large number of criminals from abroad.”

Full story

The Times, 24th October 2007

Source: www.timesonline.co.uk  

Data protection exemption expires tonight – OUT-LAW.com

Posted October 24th, 2007 in data protection, news by sally

“An exemption for paper records from the Data Protection Act runs out at midnight. The transitional relief exemption only lasted until 23rd October, imposing less stringent conditions on the holding of paper records than electronic ones.”

Full story

OUT-LAW.com, 23rd October 2007

Source: www.out-law.com

Lover wins court fight with dead tycoon’s son – Daily Telegraph

Posted October 24th, 2007 in news, wills by sally

“The lover of a wealthy businessman who committed suicide before fulfilling his promise to marry her on the Queen Mary 2 cruiseliner yesterday won a High Court battle with his family over his £3 million fortune.”

Full story

Daily Telegraph, 24th October 2007

Source: www.telegraph.co.uk

Prison ‘default’ for mentally ill – BBC News

Posted October 24th, 2007 in mental health, news, prisons by sally

“Too many people with mental health problems are ending up in prison when what they need is specialist care, a Prisons Inspectorate report suggests.”

Full story

BBC News, 23rd October 2007

Source: www.bbc.co.uk  

Web 2.0: new internet, new etiquette . . . new law? – The Times

Posted October 24th, 2007 in copyright, internet, privacy, special report by sally

“Copyright and privacy infringement may be taking place on an unprecedented scale, but that doesn’t mean existing laws are irrelevant.”

Full story

The Times, 23rd October 2007

Source: www.timesonline.co.uk

Forty years after Steel’s bill, is there a case for rethink on abortion law? – The Times

Posted October 24th, 2007 in abortion, news, special report by sally

“It was 40 years ago that the bill was passed marking the end of back-street abortions and the beginning of women’s right to choose whether or not to terminate an unwanted pregnancy. David Steel’s aim was to avoid the deaths and misery arising from illegal terminations, at a time when abortions were only legal if the mother’s life was seen to be in danger. In the first full year of the bill coming into force, there were 55,000 abortions in the UK. Today, that figure has risen to 200,000 a year. As the anniversary of the law’s introduction approaches this weekend, the debate on abortions continues. Here, we examine where the interested parties stand.”

Full story

The Guardian, 24th October 2007

Source: www.guardian.co.uk

Detention more than 28 days is not internment, Smith tells MPs – The Guardian

Posted October 23rd, 2007 in detention, news, terrorism by sally

“The home secretary, Jacqui Smith, yesterday admitted that there was ‘still some scepticism’ about extending detention without charge beyond its current 28 days among those who had responded to the government’s consultation.”

Full story

The Guardian, 23rd October 2007

Source: www.guardian.co.uk

Increase in serious crime by offenders on parole – The Guardian

Posted October 23rd, 2007 in news, probation, violent offenders by sally

“Public confidence in the supervision of high-risk offenders released from prison suffered a fresh blow yesterday with the disclosure that 83 have been charged with a further serious offence, such as murder or rape, in the last year.”

Full story

The Guardian, 23rd October 2007

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted October 23rd, 2007 in legislation by sally

The Contaminants in Food (England) (Amendment) (No.2) Regulations 2007

The Education (School Performance Targets) (England) (Amendment) Regulations 2007

The Education (Local Education Authority Performance Targets) (England) (Amendment) Regulations 2007

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) Regulations 2007

The Flood Defence (Mimmshall Brook Works) Order 2007

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) Regulations 2007

The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007

Source: www.opsi.gov.uk

Southwark London Borough Council v Onayomake – WLR Daily

Posted October 23rd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Southwark London Borough Council v Onayomake

“It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant’s legal representative had failed to file a check list and had been late for the court management hearing to explain the failure.”

WLR Daily, 22nd 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.

Palacios de la Villa v Cortefiel Servicios SA – Times Law Reports

Posted October 23rd, 2007 in age discrimination, EC law, law reports, retirement by sally

National employment policy justifies age bias

Palacios de la Villa v Cortefiel Servicios SA Case C-411/05

“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”

The Times, 23rd October 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.

Govt. reforms of planning laws ‘likely illegal’ – Daily Telegraph

Posted October 23rd, 2007 in environmental protection, news, planning by sally

“Proposals to force through major developments such as airports or nuclear power stations by limiting the scope for public objections are likely to be ruled illegal, lawyers have warned the Government.”

Full story

Daily Telegraph, 23rd October 2007

Source: www.telegraph.co.uk

Rise in crimes by ‘supervised offenders’ – The Independent

Posted October 23rd, 2007 in news, probation, violent offenders by sally

“More than 80 serious offences, including murder and rape, were committed last year by violent offenders supposedly under strict community supervision.”

Full story

The Independent, 23rd October 2007

Source: www.independent.co.uk

‘Convergence’ is not an excuse to regulate the internet – The Times

Posted October 23rd, 2007 in internet, media, special report by sally

“The line between old and new media is becoming increasingly blurred. So why not do away with broadcast regulation altogether, asks Graham Smith.”

Full story

The Times, 22nd October 2007

Source: www.timesonline.co.uk

Public and police are finally taking online crime seriously – The Times

Posted October 23rd, 2007 in computer crime, internet, special report by sally

“The Government says individuals are responsible for their online security — and it is starting to happen, says Clive Gringras.”

Full story

The Times, 22nd October 2007

Source: www.timesonline.co.uk

Christian JP refused to rule on gay adoption – The Times

Posted October 23rd, 2007 in adoption, homosexuality, magistrates, news by sally

“A Christian magistrate was forced to resign because he refused to place children for adoption with gay couples, an employment appeal tribunal was told yesterday.”

Full story

The Times, 23rd October 2007

Source: www.timesonline.co.uk

New Testament Church of God v Stewart – WLR Daily

Posted October 22nd, 2007 in clergy, employment, law reports by sally

 New Testament Church of God v Stewart

“An employment tribunal was not required to approach its consideration of the nature of the relationship between a minister and his church with the presumption that there was no intention to create legal relations.”

WLR Daily, 22nd 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.