Archive for May 25th, 2007

Prison numbers reach record high - BBC News

“Prisoner numbers in England and Wales have hit a record high for the second week in a row, says the Prison Service.” 

Full story

BBC News, 25th May 2007

Source: www.bbc.co.uk

Judges boycott MoJ launch party - The Lawyer

“The launch party for the Ministry of Justice (MoJ) on Wednesday night (23 May) had a few notable absentees – namely judges.”

Full story

The Lawyer, 25th May 2007

Source: www.thelawyer.com

Authorities should analyse risk before sharing data, says privacy chief - OUT-LAW.com

“Local authorities should conduct a risk assessment before sharing personal data with other public bodies. Sharing can be legitimate, but only when the benefits and risks have been weighed up, the Information Commissioner has said.”

Full story

OUT-LAW.com, 25th May 2007

Source: www.out-law.com

Sex change doctor guilty of misconduct - The Guardian

“The UK’s best-known expert on transsexualism was today found guilty of serious professional misconduct for rushing five patients into sex-changing treatments, but avoided being struck off.”

Full story

The Guardian, 25th May 2007

Source: www.guardian.co.uk

Law firms get ready for lucrative move into India - The Times

“Britain’s multibillion-pound legal profession is about to profit from a landmark change in India that will allow foreign law firms to set up shop there for the first time.”

Full story

The Times, 25th May 2007

Source: www.timesonline.co.uk

Dunwoody Sports Marketing v. Prescott - Times Law Reports

Substitution of party

Dunwoody Sports Marketing v. Prescott

Court of Appeal

“The court had power to order substitution of a new party for an existing party or joinder of a party to an action after judgment had been given.”

The Times, 25th 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.

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party - Times Law Reports

Escaped sewage was ‘discarded’ waste

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party Case C-252/05

Court of Justice of the European Communities

“Waste water which accidentally escaped from a sewerage system was discarded by the sewerage management undertaking and was waste within the EC Waste Directive.”

The Times, 25th 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.

Wolverhampton City Council v. Special Educational Needs and Disability Tribunal and Another - Times Law Reports

Appeal still available

Wolverhampton City Council v. Special Educational Needs and Disabilty Tribunal and Another

Queen’s Bench Division

“Where, even though a local authority’s educational responsibility for a child had lapsed, the council had made a decision to end the statementing of a child then that decision was open to appeal.”

The Times, 25th 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. Hendy-Freegard - WLR Daily

R v. Hendy-Freegard [2007] EWCA Crim 1236

“The offence of kidnapping was not committed where a defendant, by a fraudulent misrepresentation, induced a person to make a journey which did not deprive him of his liberty.”

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.

Framlington Group Ltd. and another v. Barnetson - WLR Daily

Framlington Group Ltd. and another v. Barnetson [2007] EWCA Civ 502

“An employee’s discussions with his employer about the scope of his entitlement on the employment contract were inadmissible as ‘without prejudice’ communications even though at the time they occurred there was no litigation in prospect and no basis for litigation at the time they took place.”

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.

Secretary of State for Defence v. Pensions Appeal Tribunal - WLR Daily

Secretary of State for Defence v. Pensions Appeal Tribunal

“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”

WLR Daily, 18th 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 (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) - WLR Daily

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498

“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”

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.

Kay v. Commissioner of Police of the Metropolis - WLR Daily

Kay v. Commissioner of Police of the Metropolis

“Since no fixed route was followed the monthly mass cycle rides through central London could not be considered commonly or customarily held processions and therefore the organisers were required to give the police prior notice of the names of organisers, date and start time and intended route.”

WLR Daily, 21st 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.

Court report ban ‘could be eased’ - BBC News

“Research should be carried out into whether juries are prejudiced by media reports of criminal cases, Attorney General Lord Goldsmith has said.” 

Full story

BBC News, 25th May 2007

Source: www.bbc.co.uk

Tread carefully - Law Society’s Gazette

“Both lawyers and insurers agree that the personal injury claims process is in need of radical change. But, asks Anita Rice, will the government’s recently released proposals to reform the industry appease everyone?”

Full story

Law Society’s Gazette, 24th May 2007

Source: www.lawgazette.co.uk

Blow to Commercial Court as planned e-filing of documents is put back to 2009 - Law Society’s Gazette

“The electronic filing of documents in England and Wales courts looks likely to be delayed by at least a year, the Gazette can reveal.”

Full story

Law Society’s Gazette, 24th May 2007

Source: www.lawgazette.co.uk

ABS threat to firms provokes Bill defeat - Law Society’s Gazette

“The Legal Services Bill completed its passage through the House of Lords last week, but not before the opposition inflicted one final defeat on the government over concerns about the impact of alternative business structures (ABSs) on high street law firms.”

Full story

Law Society’s Gazette, 24th May 2007

Source: www.lawgazette.co.uk

Society slams government over HIPs ‘shambles’ - Law Society’s Gazette

“The Law Society this week accused the government of presiding over ‘a complete shambles’ after it delayed the introduction of home information packs (HIPs) until 1 August and said they will initially only be required for four-bedroom properties or larger.” 

Full story

Law Society’s Gazette, 24th May 2007

Source: www.lawgazette.co.uk

Competition regulator to probe Sky’s stake in ITV - OUT-LAW.com

“The Competition Commission will investigate BSkyB’s acquisition of a 17.9% stake in ITV. The Department of Trade and Industry (DTI) has referred the purchase to the Commission after reports from the Office of Fair Trading (OFT) and media regulator Ofcom.”

Full story

OUT-LAW.com, 24th May 2007

Source: www.out-law.com

Who can save the Freedom of Information Act? - The Independent

“MPs dealt a massive blow to open government last week by voting themselves an exemption to the right-to-know law. Robert Verkaik, Law Editor, considers the next move.”

Full story

The Independent, 25th May 2007

Source: www.independent.co.uk

Woman gets suicide advice payout - BBC News

“A Citizens Advice Bureau advisor who was sacked after she phoned a suicidal woman’s GP was awarded £18,000 damages.” 

Full story

BBC News, 24th May 2007

Source: www.bbc.co.uk

Reid threatens to suspend human rights laws after terror suspects go missing - The Independent

“John Reid faced growing anger as he signalled the Government was ready to declare that Britain faced an “emergency” over terrorism and opt out of human rights legislation.”

Full story

The Independent, 25th May 2007

Source: www.independent.co.uk

Telephone hearings have benefits but there’s a sting in the tail - The Times

“It could be argued that the courts have been somewhat late in embracing information technology. Database and order production systems only came late in the day and the majority of judges, despite being provided with computers, printers and the like, still tend to rely on writing their notes rather than typing them into their laptops. Telephone hearings are also a recent phenomenon.”

Full story

The Times, 25th May 2007

Source: www.timesonline.co.uk

MPs have no reason to be exempt from FoI law, watchdog warns - The Independent

“A campaign by MPs to remove themselves from open government laws in order to protect the privacy of their constituents has been seriously undermined by the UK’s information watchdog.”

Full story

The Independent, 25th May 2007

Source: www.independent.co.uk

Legal process in dock as judges rule ex-wife is worth record £48m payout - The Times

“An overhaul of the law on how to split a divorcing couple’s assets was urged by senior judges yesterday as they ruled that a woman can keep her £48 million award – the biggest ordered by British courts in legal history.”

Full story

The Times, 25th May 2007

Source: www.timesonline.co.uk

‘Devoted’ husband gets life for killing wife - The Guardian

“A husband who killed his wife after she begged him to help her die was jailed for life today.”

Full story

The Guardian, 25th May 2007

Source: www.guardian.co.uk

Ministry may threaten judges’ independence - The Times

“Judges’ independence will come under pressure as they are urged to tailor sentences according to prison spaces under the Ministry of Justice, a former senior Conservative minister said yesterday.”

Full story

The Times, 25th May 2007

Source: www.timesonline.co.uk


 

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