Act of mercy – Law Society’s Gazette
“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.”
Law Society’s Gazette, 10th May 2007
Source: www.lawgazette.co.uk
“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.”
Law Society’s Gazette, 10th May 2007
Source: www.lawgazette.co.uk
“The Access to Justice Alliance (AJA) will next week step up opposition to the government’s proposed civil legal aid reforms with a week of action, including protests outside courts.”
Law Society’s Gazette, 10th May 2007
Source: www.lawgazette.co.uk
Negligence need not be wilful
Denfleet International Ltd. v. TNT Global SPA
Court of Appeal
“A finding of wilful misconduct was not supported when there was no evidence other than that a professional lorry driver had fallen asleep at the wheel.”
The Times, 11th 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.
Borrower’s informed consent necessary
Hurstanger Ltd. v. Wilson and Another
Court of Appeal
“Before Lord Justice Waller, Lord Justice Tuckey and Lord Justice Jacob Judgment April 4, 2007 Where a lender knew that a broker acted on behalf of a borrower and agreed to pay the broker commission, the borrower had to give informed consent.”
The Times, 11th 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.
When proceedings are institutionalised
Rockall v. Department for Environment, Road and Rural Affairs
Queen’s Bench Divisional Court
“Proceedings were instituted against an individual for felling trees without a licence when an information was laid and that determined whether or not the time limit for the institution of proceedings had been met. An information was laid in time where it could be established by inference or otherwise that it had been transmitted to a magistrates court by fax within time.”
The Times, 11th 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.
Support for asylum seekers
Regina (AW, A and Y) v. Croydon London Borough Council and Another
Court of Appeal
“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”
The Times, 11th 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.
“A man who was cleared of rape after a complaint that a judge fell asleep at his trial later raped two other young women, a court heard.”
Daily Telegraph, 11th May 2007
Source: www.telegraph.co.uk
“Former wives risk losing their financial settlements if their ex-husbands are made bankrupt within five years of a divorce, the High Court has ruled.”
Daily Telegraph, 11th May 2007
Source: www.telegraph.co.uk
“What did Tony Blair tell George Bush when they discussed Iraq? Robert Verkaik, Law Editor, considers how the Freedom of Information Act might provide the answer.”
The Independent, 11th May 2007
Source: www.independent.co.uk
“A civil servant and an MP’s researcher were jailed for disclosing the contents of a secret memo recording discussions between Tony Blair and George Bush about the war in Iraq.”
The Independent, 11th May 2007
Source: www.independent.co.uk
“The official cost of the controversial national identity card scheme has soared in the past six months by £840m, according to Home Office figures published yesterday. It means the total cost of the project is now £5.75bn.”
The Guardian, 11th May 2007
Source: www.guardian.co.uk
“Police watchdogs have cleared Scotland Yard officers of any disciplinary offence over the Stockwell shooting but the senior woman in charge could still face action.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
“A motorist accused of driving at 37mph in a 30mph zone has had the case against him dropped after the prosecution decided it wasn’t worth the trouble.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
“Seven firms of solicitors joined together today to launch a High Court challenge to the abolition of a discretionary compensation scheme for victims of miscarriages of justice.”
The Times, 10th May 2007
Source: www.timesonline.co.uk
“The Government today pledged its support for legislation aimed at protecting the victims of forced marriages and preventing them from taking place.”
Ministry of Justice, 10th May 2007
Source: www.justice.gov.uk
TNT Global Spa &Anr v. Denfleet International Ltd. & Anr
Curistan v. Times Newspapers Ltd.
Melville Dundas Ltd. (in receivership) & Others v. Wimpey UK Ltd. & Others
Daily Telegraph, 10th May 2007
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are only available online for one week.
No power to add late libel claim
Adelson and Another v. Associated Newspapers Ltd.
Queen’s Bench Division
“Where the libel limitation period had expired, there was no jurisdiction to grant an application to amend pleadings by the addition of new claimants.”
The Times, 10th 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.
Privilege survives extra material
Curistan v. Times Newspapers Ltd.
Queen’s Bench Division
“Where extraneous non-privileged material was contained in an article or report which also contained a report of parliamentary proceedings, that privilege which attached to fair and accurate reports of parliamentary proceedings was not necessarily lost.”
The Times, 10th 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.
Police failed to protect life of prosecution witness at risk
Van Colle and Another v. Chief Constable of Hertfordshire Constabulary
Court of Appeal
“Police who failed to take appropriate action to protect a vulnerable prosecution witness, when they should have known there was a risk to his life, were in breach of their duty for which they were liable in damages.”
The Times, 10th 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.