New evidence after justices retire
Malcolm v. Director of Public Prosecutions
Queen’s Bench Division
“Justices could, in special circumstances, receive further evidence after they had retired to consider their verdict. ”
The Times, 4th April 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.
No offset for overpaid benefit
Brown v. Secretary of State for Work and Pensions
Court of Appeal
“Where payments of disability living allowance had been suspended for overpayment and a redetermination made, payments subsequently awarded could not be offset against the irrecoverable overpayment, since the amount of payments would vary depending on how long it took for the redetermination to be reached.”
The Times, 4th April 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.
Prison telephone call policy breaches inmate’s rights
Court of Session, Outer House
“There was no lawful authority for interference with a prisoner’s right to private and family life by the imposition of a policy under which a message was played to the recipient of his telephone calls stating that the call was being made from a prison. ”
The Times, 4th April 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.
“The BBC is to pay Lady Falkender £75,000 in damages over a drama documentary claiming she conducted an adulterous affair with Harold Wilson and exercised undue influence over the compilation of his resignation honours list.”
Daily Telegraph, 4th April 2007
Source: www.telegraph.co.uk
“The lucrative earnings at American law firms are luring increasing numbers of top London lawyers, according to a new survey released today. ”
The Times, 4th April 2007
Source: www.timesonline.co.uk
“A British man with an obsession with UFOs who is accused of being the “biggest military computer hacker of all time” has lost his battle to avoid extradition to the United States.”
The Times, 4th April 2007
Source: www.timesonline.co.uk
“A wealthy stockbroker whose former girlfriend deceived him into believing he had fathered her son was awarded £22,400 damages against her in the high court yesterday. In what is believed to be the first case of its kind in Britain, the man, 63, known only as Mr A for legal reasons, claimed compensation for the emotional hurt of thinking he was the father when he was not. He also claimed for being significantly out of pocket after paying for the child’s maintenance and his fees at Charterhouse school.”
The Guardian, 4th April 2007
Source: www.guardian.co.uk
“A British man has lost his High Court fight against extradition to the US for allegedly carrying out the ‘biggest military computer hack of all time’.”
BBC News, 3rd April 2007
Source: www.bbc.co.uk
“This consultation paper makes proposals in relation to Part 46 of the Civil Procedure Rules, which deals with fast track trial costs. The paper proposes that these costs should be increased to take account of the rise in inflation since they were first introduced in April 1999.”
Part 46 of the Civil Procedure Rules: fast track trial costs CO(L) 06/07, 3rd April 2007
Source: www.dca.gov.uk
“The new Secretary of State for Justice has confirmed that he will remain in the role of Lord Chancellor when taking up his newly formed post.”
The Lawyer, 3rd April 2007
Source: www.thelawyer.com
Secretary of State for the Home Department v. AF
“A control order made by the Secretary of State imposing restrictions which amounted cumulatively to a deprivation of liberty was a nullity.”
WLR Daily, 2nd April 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.
O’Hanlon v. Revenue and Customs Commissioners [2007] EWCA (Civ) 283
“An employer’s sick pay policy prohibiting unlimited full pay for a disabled employee having lengthy absences from work due to her disability did not entitle her to bring a claim for discrimination under the Disability Discrimination Act 1995.”
WLR Daily, 2nd April 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.
“Hundreds of prisoners will be moved into open prisons within days to ease pressure on Britain’s bursting jails.”
The Independent, 3rd April 2007
Source: www.independent.co.uk
“One of Britain’s best-selling authors is facing a £2,000 fine after he grabbed some pebbles from a South Coast beach.”
Source: www.telegraph.co.uk
“A private prison was criticised by its staff and a judge yesterday following the collapse of a manslaughter trial over the death of a prisoner on suicide watch.”
The Guardian, 3rd April 2007
Source: www.guardian.co.uk
“Music group EMI yesterday scrapped copy protection on all its digital tracks in a move that was immediately hailed by Apple chief executive Steve Jobs as ‘the next big step forward in the digital music revolution’.”
The Guardian, 3rd April 2007
Source: www.guardian.co.uk
“Ministers are to consider banning two new “date rape” drugs, amid warnings from experts that the true scale of sexual assaults assisted by drugs may be greater than official figures suggest.”
The Guardian, 3rd April 2007
Source: www.guardian.co.uk
“They were the young black radicals — the lawyers who forced their profession to tackle the discrimination and prejudice they encountered in trying to make their way. Twenty years ago, the Society of Black Lawyers was a force to be reckoned with. And largely thanks to its campaigning, the legal establishment was made to take their problems seriously. ”
The Times, 3rd April 2007
Source: www.timesonline.co.uk
“We all know what constitutes sharp practice – a broadcaster charging premium rates for callers to participate in a quiz show when the winner has already been chosen is a topical example – but the law often does not provide a simple way to bring such practice to a swift end. This will change when the UK implements the EU Directive on Unfair Business to Consumer Commercial Practices, which aims to harmonise EU consumer protection law. It will introduce a general prohibition on unfair trade practices, covering advertising, sales promotion, supply and after sales issues. Much consumer legislation (including the Trade Descriptions Act 1968) will be swept away. ”
The Times, 2nd April 2007
Source: www.timesonline.co.uk
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