Bar Council vice-chair gains salary as report sparks rejig – The Lawyer
“The Vice-chair of the Bar Council Timothy Dutton QC will be the last in his post to work for free.”
The Lawyer, 28th May 2007
Source: www.thelawyer.com
Lord Goldsmith refuses to publish advice to Army over use of torture – The Independent
“The Attorney General, Lord Goldsmith, is under growing pressure to disclose his advice to the Army on whether British soldiers in Iraq needed to comply with the Human Rights Act.”
The Independent, 30th May 2007
Source: www.independent.co.uk
£100,000 fund will help bank customers fight unfair charges – The Independent
“Campaigners have pledged £100,000 for a fighting fund to encourage people to launch legal challenges against what they say are illegal bank charges. The money has been pledged by MoneySavingExpert.com and the Consumer Action Group as well as private individuals.”
The Independent, 30th May 2007
Source: www.independent.co.uk
Pressure on Falconer as prison population hits all-time high – The Guardian
“The number of prisoners in England and Wales hit an all-time high of 80,846 yesterday, raising fears that the court service could run out of cell space this week if too few remand prisoners succeed in getting bail. The record numbers saw 450 prisoners housed in police and court cells made available for overspill.”
The Guardian, 30th May 2007
Source: www.guardian.co.uk
Bereavement damages ‘too low’, study says – The Times
“Court-awarded damages for people whose spouses die could be up to £300,000 too low, a report claimed today.”
The Times, 30th May 2007
Source: www.timesonline.co.uk
Related link: Death and the Calculation of Hedonic Damages (PDF)
Judges asked to rethink control order rulings after suspects abscond – The Guardian
“Judges should be less ready to rule that control orders imposed on terrorism suspects breach human rights, the independent watchdog on terrorism law said yesterday. Lord Carlile of Berriew QC called on judges to review their approach to restrictions imposed by control orders after a further three terrorist suspects absconded last week, bringing the total to six.”
The Guardian, 30th May 2007
Source: www.guardian.co.uk
Rowdy residents ‘to be shut out’ – BBC News
“Nuisance neighbours could face being shut out of their homes under proposed new powers, the Home Office has said.”
BBC News, 29th May 2007
Source: www.bbc.co.uk
Lloyds wins second charges case – BBC News
“Lloyds TSB has won a second county court case against a customer trying to reclaim overdraft charges.”
BBC News, 29th May 2007
Source: www.bbc.co.uk
We get a better class of criminal – The Times
“‘When people come through our door, they’re afraid – petrified of being prosecuted,’ Ian Burton, senior partner of the commercial fraud specialists, Burton Copeland, says. ‘Clients are increasingly concerned about the States – very anxious about potential exposure. If their case has an international dimension involving the US, they imagine themselves being put in chains at Cook County jail with large people who may beat them up.'”
The Times, 29th May 2007
Source: www.timesonline.co.uk
Online music retailer ordered to pay £35m damages – The Times
“An internet retailer that broke a legally-binding promise not to sell imported CDs at almost half the price they sold for on the High Street has been ordered to pay the UK record industry £35 million, it emerged today.”
The Times, 29th May 2007
Source: www.timesonline.co.uk
Judges’ ruling challenges a traditional right – The Times
“Senior judges have dealt a blow to the ancient legal principle that a person is protected from incriminating himself.”
The Times, 29th May 2007
Source: www.timesonline.co.uk
Lawrence v. Pembrokeshire County Council – Times Law Reports
Parent is owed no duty of care by children’s social workers
Lawrence v. Pembrokeshire County Council
Court of Appeal
“The right to respect for family life, guaranteed by article 8 of the European Convention on Human Rights, did not outweigh the duty of a local authority to protect children at risk by placing them on the Child Protection Register.”
The Times, 29th May 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.
C plc and Another v. P – Times Law Reports
Civil search order discloses potential criminal liability
Court of Appeal
“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”
The Times, 29th May 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.
O’Connor and Others v. Wiltshire County Council – Times Law Reports
County’s duty as highway authority
O’Connor and Others v. Wiltshire County Council
Court of Appeal
“A county council could not contract out its liability to maintain a public highway even if the highway had been constructed by someone who had not been a highway authority and contribution towards the costs of the construction of the road had been made by a third party.”
The Times, 28th May 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.
R v. Musone – WLR Daily
R v. Musone [2007] EWCA Crim 1237
“Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.”
WLR Daily, 23rd May 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. Tirnaveanu – WLR Daily
R v. Tirnaveanu [2007] EWCA Crim 1239
“Evidence of misconduct by a defendant was evidence “to do with” the alleged facts of the offence with which the defendant was charged and therefore excluded from the definition of bad character in s 98(a) of the Criminal Justice Act 2003, if it had some nexus in time with that offence.”
WLR Daily, 24th May 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.
Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. – WLR Daily
“It was not within the contemplation of the Leasehold Reform, Housing and Urban Development Act 1993 that the leaseholder of a long lease of a building, which included multiple flats and common parts, came within the expression “a qualifying tenant of a flat” in s 56(1) so as to be able to exercise a statutory right to acquire a new long lease of a flat in the leased building, and the landlord of such a leaseholder was not bound to grant a new long lease.”
WLR Daily, 24th May 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.
Charman v. Charman – WLR Daily
“In ancillary relief proceedings where the court was carrying out the statutory exercise under s 25 of the 1973 Act, consideration of the “sharing principle” was no longer required to be postponed until the end of the statutory exercise, and sharing had become a principle rather than a ‘yardstick for use as a check’.”
WLR Daily 24th May 2007
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
