Current Awareness

Steadman-Byrne v Amjad and Others

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Steadman-Byrne v. Amjad and Others – Times Law Reports

Posted July 30th, 2007 in appeals, bias, law reports, personal injuries by sally

Challenge to bias must be made immediately

Court of Appeal

“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”

The Times, 30th July 2007

Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Horvath) v. Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports

Posted July 30th, 2007 in common agricultural policy, judicial review, law reports, references to European Court by sally

Disparity reference to ECJ

Court of Appeal

“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”

The Times, 30th July 2007

Trustee Solutions Ltd. and others v. Dubery and another [2007] EWCA 771

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Trustee Solutions Ltd. and others v. Dubery and another – WLR Daily

Posted July 30th, 2007 in law reports, pensions by sally

“On a true construction of s73(3)(b) of the 1995 Act the members of a pension scheme who had the right to retire at 60 in respect of any part of their service, and who were aged between 60 and 64 on the date that the scheme commenced winding up, fell within the provision; but not in respect of pension or other benefits accrued by service to which a normal retirement date at the age of 65 applied.”

WLR Daily, 26th July 2007

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. [2007] EWHC 1776 (Ch)

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. – WLR Daily

Posted July 30th, 2007 in landlord & tenant, law reports by sally

“A notice that was purportedly given under s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, but was subsequently accepted by the qualifying tenants to have failed to comply with the requirements of s 13(3), was an invalid notice that did not have statutory consequences and there was nothing in Chapter 1 of Part 1 of the Act to bar the tenants from serving without delay a valid s 13 notice.”

WLR Daily, 26th July 2007

R (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (El-Kurd) v. Sakavickas and another – WLR Daily

Posted July 30th, 2007 in indictments, jury directions, law reports, proceeds of crime by sally

“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”

WLR Daily, 26th July 2007

In re W (Children) (Permission to appeal)

Please note once a case has bee fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re W (Children) (Permission to appeal) – WLR Daily

Posted July 30th, 2007 in appeals, contact orders, law reports, residence orders by sally

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”

WLR Daily, 26th July 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Prisoners to claim millions for parole delay – Daily Telegraph

Posted July 30th, 2007 in compensation, delay, human rights, news, parole, prisons by sally

“Millions of pounds are set to be paid out by the Government to prisoners kept in jail beyond their release dates.”

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Lawyers demand better rights for cohabitees who separate – The Times

Posted July 30th, 2007 in cohabitation, news by sally

“A powerful group of family solicitors is calling on the Government to make a commitment to giving cohabiting couples new financial protection if they split up, and to make time for an early Bill.”

The Times, 30th July 2007

MPs oppose terror detention plans – BBC News

Posted July 30th, 2007 in detention, news, terrorism by sally

“A cross-party committee of MPs and peers has opposed government plans to detain terror suspects without charge beyond 28 days.”

BBC News, 29th July 2007

Source: www.bbc.co.uk

Family courts appeal wins backing of MPs – Daily Telegraph

Posted July 30th, 2007 in family courts, miscarriage of justice, news by sally

“A campaign for a public inquiry into miscarriages of justice in family courts has won the backing of 23 MPs, writes Ben Leapman.”

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Justice delayed as courts short of judges – Daily Telegraph

Posted July 30th, 2007 in criminal justice, delay, news by sally

“A shortage of judges is causing delays in bringing criminal trials to court, putting more pressure on prisons and delaying justice for victims of crime.”

Daily Telegraph, 30th July 2007

Source: www.telegraph.co.uk

Designer-baby rules ‘should be relaxed to save more siblings’ – The Independent

Posted July 30th, 2007 in embryology, news by sally

“Strict rules permitting the birth of so-called ‘sibling saviours’ should be relaxed, a powerful parliamentary committee will say this week. The relaxation could lead to greater numbers of designer babies being born in order to save the lives of living brothers and sisters.”

The Independent, 29th July 2007

Source: www.independent.co.uk

One in 15 top police under investigation – The Guardian

Posted July 30th, 2007 in news, police by sally

“Almost one in 15 senior police officers in England and Wales is being investigated over criminal or disciplinary offences, The Observer can reveal. The Police Superintendents’ Association (PSA) said that 100 of its members are under investigation for claims ranging from high-level corruption to harassment.”

The Observer, 29th July 2007

Source: www.guardian.co.uk

‘Happy slap’ killing gang jailed – BBC News

Posted July 28th, 2007 in murder, news, sentencing by sally

“Three men have been jailed for beating a homeless man to death in a ‘happy slapping’ incident.”

BBC News, 27th July 2007

Source: www.bbc.co.uk

Pair convicted of viaduct murder- BBC News

Posted July 28th, 2007 in murder, news by sally

“A man and a teenage girl have been found guilty of the murder of a man with learning disabilities.”

BBC News, 27th July 2007

Source: www.bbc.co.uk

Judiciary shake up sees seven in new roles – The Lawyer

Posted July 28th, 2007 in judiciary, news by sally

“The judiciary is set for an overhaul, with the control of seven posts changing hands.”

The Lawyer, 27th July 2007

Source: www.thelawyer.com

Law Society lands shock legal aid review win – Legal Week

Posted July 28th, 2007 in judicial review, legal aid, legal services, news by sally

“The Law Society has dealt a major blow to the Government’s controversial plans to reform the £2bn legal aid system after a High Court judge upheld the bulk of the body’s objections to the proposals.”

Legal Week, 27th July 2007

Source: www.legalweek.com

Victory for animal rights group against testing – The Independent

Posted July 28th, 2007 in animals, experiments, news, vivisection by sally

“An anti-vivisection campaign group won a partial victory yesterday in its High Court claim that the Government was failing in its legal duty to ensure animal suffering was kept to a minimum in UK laboratories.”

The Independent, 28th July 2007

Source: www.independent.co.uk

Lords end NHS trust’s legal battle over source – The Guardian

Posted July 28th, 2007 in confidentiality, medical records, news by sally

The NHS trust that has been fighting a seven-and-a-half-year legal battle to force a freelance journalist to name a source for a story has been refused further leave to appeal by the House of Lords.