“A mother’s wish to have her disabled teenage daughter’s womb removed looks set to become the next landmark case in the courts to test the ethics of medical intervention where patients cannot decide for themselves.”
The Times, 18th October 2007
Source: www.timesonline.co.uk
Austin and another v Commissioner of Police of the Metropolis
“In extreme and exceptional circumstances it was lawful for the police to contain demonstrators and members of the public caught up in that demonstration even though they themselves did not appear to be about to commit a breach of the peace, where it was necessary to prevent an imminent breach of the peace by others, and no other means would achieve that.”
WLR Daily, 18th 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 Kennedy (No 2) [2007] UKHL 38
“The answer to the question ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self-administered by the person to whom it was supplied, and the administration of the drug then causes his death?’ was: ‘In a case where the deceased was a fully-informed and responsible adult, never’.”
WLR Daily, 18th 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.
The Plant Health (Wales) (Amendment) Order 2007
The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007
The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2007
The Agricultural Holdings (Units of Production) (England) Order 2007
The Prison (Amendment) Rules 2007
The Young Offender Institution (Amendment) Rules 2007
The Value Added Tax (Special Provisions) (Amendment) Order 2007
The Exempt Charities (No. 3) Order 2007
The Inspectors of Education, Children’s Services and Skills (No.5) Order 2007
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007
Source: www.opsi.gov.uk
Relationship too close for independence of board
Queen’s Bench Divisional Court
“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”
The Times, 18th 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.
“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 (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 [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.
“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 [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.
“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 [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.
“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.
“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 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
“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
“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
“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
“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
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