Union cleared over gender pay claim – The Times

“One of the country’s biggest trade unions did not discriminate against female members in its negotiations on equal pay claims, an Employment Appeal Tribunal ruled today. “

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk

Ex-BNP candidate jailed for stockpiling explosives – The Guardian

“A former British National party candidate who stockpiled explosive chemicals and ball bearings in anticipation of a future civil war was today jailed for two and a half years.”

Full story

The Guardian, 31st July 2007

Source: www.guardian.co.uk

Goldman escapes €100m claim over bond losses – The Times

“Goldman Sachs was not liable for a loan that turned sour, despite its own bankers admitting that the borrower’s prospects “did not sound too rosy”, the Court of Appeal said today. “

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk

Prisons strategy in disarray after ruling – Daily Telegraph

“Thousands of prisoners serving short-term indefinite sentences may have to be set free if a High Court ruling against the new Justice Secretary is upheld on appeal. “

Full story

Daily Telegraph, 31st July 2007

Source: www.telegraph.co.uk

Barrister loses motorcycle parking challenge – The Times

“A barrister who claimed his motorcycle was immune to parking tickets because its wheels did not touch the ground was told to pay up today by the Court of Appeal. “

Full story

The Times, July 31st 2007

Source: www.timesonline.co.uk

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925 – WLR Daily

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925

“A judge in a criminal trial had power to prevent publication of a question and answer exchange which took place in open court but which should have taken place in camera. Publication of speculation as to the content of evidence that was given in camera could constitute a contempt of court.”

WLR Daily, 30th July 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.

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799 – WLR Daily

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799

“The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”

WLR Daily, July 30th 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.

McLaughlin v Governor of the Cayman Islands [2007] UKPC 50 – WLR Daily

McLaughlin v Governor of the Cayman Islands [2007] UKPC 50

“When a decision to dismiss a public office holder had been held by a court of competent jurisdiction to be void, the office holder remained entitled to his full emoluments of that office until his tenure of office was lawfully ended.”

WLR Daily, 30th July 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.

Society of Lloyd’s v Henderson and others – WLR Daily

Society of Lloyd’s v Henderson and others; Lowe and others v Society of Lloyd’s; Society of Lloyd’s v Stockwell and others

“The Society of Lloyd’s was not a “public officer” for the purposes of the tort of misfeasance in public office.”

WLR Daily, 30th July 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.

Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35 – WLR Daily

Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35

“A husband who provided his services to the market via a private company which his wife co-owned, thus distributing his earned income between them both via dividend, was not liable to tax on the income transferred to the wife, pursuant to section 660A of the Income and Corporation Taxes Act 1988, provided the wife’s shares in the company were ordinary shares which carried a right to more than just income.”

WLR Daily, 30th July 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.

Recent Statutory Instruments – OPSI

The Offshore Installations (Safety Zones) (No.5) Order 2007 

The Verification of Information in Passport Applications Etc.(Specified Persons) Order 2007 

The Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No. 2) Order 2007 

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2007 

The Regulatory Reform (Deer) (England and Wales) Order 2007 

The Terrorism Act 2006 (Disapplication of Section 25) Order 2007 

The Violent Crime Reduction Act 2006 (Commencement No. 3) Order 2007 

The Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2007

The Medicines for Human Use (Administration and Sale or Supply) (Miscellaneous Amendments) Order 2007

The North East Lincolnshire Primary Care Trust (Change of Name) (Establishment) Amendment Order 2007

The Civil Proceedings Fees (Amendment) (No.2) Order 2007

The Family Proceedings Fees (Amendment) (No.2) Order 2007

The Non-Contentious Probate Fees (Amendment) Order 2007

The Value Added Tax (Supply of Services) (Amendment) Order 2007

The Criminal Justice and Court Services Act 2000 (Amendment) Order 2007

The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007

The Aggregates Levy (Registration and Miscellaneous Provisions) (Amendment) Regulations 2007

The Gaming Duty (Amendment) Regulations 2007

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2007

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2007

The Registration of Marriages (Amendment) Regulations 2007

The Value Added Tax (Betting, Gaming and Lotteries) Order 2007

The Community Order (Review by Specified Courts) Order 2007

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment No. 2) Regulations 2007

The Gambling Act 2005 (Horserace Betting Levy) Order 2007

The Categories of Gaming Machine Regulations 2007

The Money Laundering Regulations 2007

Source: www.opsi.gov.uk

HIPS – OFT advises estate agents on their obligations – OFT

“The OFT has today advised all estate agents in England and Wales that a failure to comply with the new Home Information Packs (HIPs) regulations could result in a ban from estate agency work.”

Full story

OFT press release, 31st July 2007

Source: www.oft.gov.uk

In re Times Newspapers Ltd and Others – Times Law Reports

Contempt warning about speculation in press

In re Times Newspapers Ltd and Others 

Court of Appeal

“A judge in a criminal trial could prohibit the publication of a question-and answer-exchange that took place in open court when it should have occurred in camera. The publication of speculation as to the content of evidence that was given in camera could amount to a contempt of court.”

The Times, 31st July 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.

Courts fail to achieve performance targets – The Lawyer

“Her Majesty’s Court Service missed eight of its 12 performance targets in the past financial year, its annual report has revealed.”

Full story 

The Lawyer, 30th July 2007

Source: www.thelawyer.com

Law is “unjust” for unwed couples – BBC News

“Couples who are living together should have more legal rights, according to a report from the Law Commission.”

Full story 

BBC News, 30th July 2007

Source: www.bbc.co.uk

Cohabitation – Law Commission

“The report contains final recommendations regarding the law as it affects cohabitants’ property and finances when their relationships end, whether by separation or by death.”

Full report 

Law Commission, 31st July 2007

Source: www.lawcom.gov.uk

Break-up may end in court for unmarried couples – The Times

“Cohabiting couples would be entitled to financial settlements if they split up, under proposals from the Government’s key adviser on law reform.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Rise in number of sex offenders “is swamping supervision system” – The Times

“Known sex offenders are living unchecked in the community because there are too many of them to be monitored regularly, according to research commissioned by the Home Office.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Appeal court judges hold up deportation of three Algerian terror suspects – The Guardian

“The deportation of three suspected Algerian terrorists was yesterday halted by appeal court judges who ruled that the UK government could not be certain that they would be safe from torture after they were sent back.”

Full story 

The Guardian, 31st July 2007

Source: www.guardian.co.uk

Food manufacturers target children on internet after regulator’s TV advertising clampdown – The Guardian

“Some of the world’s leading food manufacturers have begun marketing to children on social networking websites and internet chat programs.”

Full story 

The Guardian, 31st July 2007

Source: www.guardian.co.uk

Three jailed for forcing man to fall 100ft to his death – The Guardian

“A 17-year-old girl and her boyfriend were jailed yesterday for torturing a friend with severe learning difficulties before forcing him to fall to his death from a 100ft railway viaduct.”

Full story 

The Guardian, 31st July 2007

Source: www.guardian.co.uk

£2.4m punishment for massive signal failure – The Times

“Network Rail is to be fined £2.4 million for failing to complete a massive resignalling scheme on time, which resulted in long delays and severe overcrowding for thousands of passengers over several months.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Barrister’s overdraft charges test case rejected – Financial Times

“Barrister Tom Brennan on Monday lost his legal battle in what he hoped would be a test case for the fairness of bank overdraft charges.”

Full story 

Financial Times, 31st July 2007

Source: www.ft.com

£2bn mortgage exit fees may be refunded – Daily Telegraph

“Millions of homeowners are in line for refunds totalling £2 billion on ‘unfair’ mortgage exit fees.”

Full story 

Daily Telegraph, 31st July 2007

Source: www.telegraph.co.uk

HSBC spends £116m refunding customers for unfair charges – The Independent

“One of Britain’s biggest banks divulged the multi-million pound cost of the customer revolt against bank charges for the first time yesterday.”

Full story 

The Independent, 31st July 2007

Source: www.independent.co.uk

No water risk details in home information packs – The Independent

“Ministers faced renewed criticism over the  flooding after it emerged that controversial new home information packs will not include details about flood risk to properties.”

Full story 

The Independent, 31st July 2007

Source: www.independent.co.uk

MPs oppose terror detention plans – BBC News

“There is not enough evidence to support extending the 28-day limit on holding terrorism suspects before charge, a committee of MPs and peers has said.”

Full story 

BBC News, 30th July 2007

Source: www.bbc.co.uk

Sex offender challenges sentences – BBC News

“The government’s handling of the introduction of indeterminate jail sentences is to be challenged in court.”

Full story 

BBC News,  31st July 2007

Source: www.bbc.co.uk

Police demand law change for drug drivers – The Guardian

“Anyone who drives after taking illegal drugs should be prosecuted, senior police officers said today.”

Full story

The Guardian, 30th July 2007

Source: www.guardian.co.uk

Mental Health Act 2007

Mental Health Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Cash settlement for woman who changed mind on abortion – The Guardian

“An NHS hospital trust has agreed to pay £27,500 compensation in an out-of-court settlement with a mother of three for aborting her unborn baby against her will and ignoring her attempts to withdraw her consent.”

Full story

The Guardian, 30th July 2007

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

The Mental Health Act 2007 (Commencement No. 1) Order 2007

The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007

The Official Secrets Act 1989 (Prescription) (Amendment) Order 2007

The Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) (No. 2) (Amendment) Regulations 2007

The Overseas Life Insurance Companies (Amendment) Regulations 2007

The Insurance Companies (Tax Exempt Business) Regulations 2007

The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2007

The Employment Income (Meaning of Securities) Order 2007

The National Police Records (Recordable Offences) (Amendment) Regulations 2007

The Gambling Act 2005 (Horserace Totalisator Board) Order 2007

The Electricity (Standards of Performance) (Amendment) Regulations 2007

The Social Security (Contributions) (Amendment No 6) Regulations 2007

The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2007

The Gambling Act 2005 (Gaming Machines) (Definitions) Regulations 2007

The Trade Marks (Fees) (Amendment) Rules 2007

The Trade Marks (Amendment) Rules 2007

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Modification of Section 4A) Order 2007

The Social Security Contributions and Benefits Act 1992 (Modification of Section 4A) Order 2007

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2007

Source: www.opsi.gov.uk

Shirley and Others v. Crabtree – Times Law Reports

Livelihood condition for succeeding tenant

Shirley and Others v Crabtree

Queen’s Bench Division

“On an application by a nominated successor for a direction that she became the tenant of an agricultural holding, she did not have to satisfy the livelihood condition by reference to five of the seven years ending with the date of the tribunal hearing as well as by reference to the date of the retirement notice.”

The Times, 30th July 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.

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

Challenge to bias must be made immediately

Steadman-Byrne v Amjad and Others

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

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

Disparity reference to ECJ

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

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

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.

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

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

“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

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.

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

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

“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

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

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

“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

Source: www.lawreports.co.uk

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

In re W (Children) (Permission to appeal) 

“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

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.

Prisoners to claim millions for parole delay – Daily Telegraph

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

Full story

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Lawyers demand better rights for cohabitees who separate – The Times

“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.”

Full story

The Times, 30th July 2007

Source: www.timesonline.co.uk

MPs oppose terror detention plans – BBC News

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

Full story

BBC News, 29th July 2007

Source: www.bbc.co.uk

Family courts appeal wins backing of MPs – Daily Telegraph

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

Full story

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Justice delayed as courts short of judges – Daily Telegraph

“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.”

Full story

Daily Telegraph, 30th July 2007

Source: www.telegraph.co.uk

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

“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.”

Full story

The Independent, 29th July 2007

Source: www.independent.co.uk

One in 15 top police under investigation – The Guardian

“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.”

Full story

The Observer, 29th July 2007

Source: www.guardian.co.uk

‘Happy slap’ killing gang jailed – BBC News

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

Full story

BBC News, 27th July 2007

Source: www.bbc.co.uk  

Pair convicted of viaduct murder- BBC News

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

Full story

BBC News, 27th July 2007

Source: www.bbc.co.uk

Judiciary shake up sees seven in new roles – The Lawyer

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

Full story

The Lawyer, 27th July 2007

Source: www.thelawyer.com

Law Society lands shock legal aid review win – Legal Week

“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.”

Full story

Legal Week, 27th July 2007

Source: www.legalweek.com

Victory for animal rights group against testing – The Independent

“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.”

Full story

The Independent, 28th July 2007

Source: www.independent.co.uk

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

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.

Full story

The Guardian, 27th July 2007

Source: www.guardian.co.uk

Legal giants pour scorn on Labour’s record – The Times

“A group of the UK’s most influential barristers has severely criticised the Labour Government’s treatment of the UK legal system over the past ten years.”

Full story

The Times, 27th July 2007

Source: www.timesonline.co.uk

A bit of plain speaking can go a long way – The Times

“The US and the UK – so the saying goes – are ‘two countries divided by a common language’. The same could be said for lawyers and non-lawyers. Lawyers talk in a language which must seem like gobbledygook to everyone else. Take the word ‘tort’. Any law student knows that it means ‘civil wrong’. But ask a non-lawyer to give you a sentence with the word ‘tort’ in it and they might as well say: ‘I tort I tore a puddy cat!’ for all the sense it will mean to them.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk

Lies, scams and threats – banks are condemned – The Times

“Britain’s banks and building societies have lied to and threatened customers who complain about overdraft charges, the Government’s financial regulator said.”

Full story

The Times, 28th July 2007

Source: www.timesonline.co.uk