Archive for May, 2008

Briton wins compensation after holiday ’surrounded by Germans’ – Daily Telegraph

“David Barnish, 47, was awarded £750 compensation by a court after his family found their luxury hotel had been booked out by Germans.”

Full story

Daily Telegraph, 31st May 2008

Source: www.telegraph.co.uk

Next sues Asda in copycat fashion design row – The Times

“Next and Asda are locked in a legal battle over claims that Britain’s second-biggest supermarket chain has copied the fashion retailer’s clothing designs.”

Full story

The Times, 31st May 2008

Source: www.timesonline.co.uk

Terror law turns thousands of council officials into spies – The Times

“Thousands of middle managers in local councils are being authorised to spy on people suspected of petty offences using powers designed to prevent crime and terrorism.”

Full story

The Times, 31st May 2008

Source: www.timesonline.co.uk

Do we really need to use these powers to tackle dog fouling? – The Times

“Human rights lawyers are increasingly alarmed that a piece of legislation that put state snooping on a legal basis has resulted in a huge expansion of the public sector’s ability to pry into private lives.”

Full story

The Times, 31st May 2008

Source: www.timesonline.co.uk

Elderly dying before new living wills are sorted out because of delays and red tape – Daily Telegraph

“The official in charge of a new system of ‘living wills’ has quit amid claims that scores of elderly people are dying before their financial affairs are in order because of delays and red tape.”

Full story

Daily Telegraph, 31st May 2008

Source: www.telegraph.co.uk

Cigarette machines may be banned – BBC News

“Cigarette vending machines and packets of 10 could be outlawed under government plans aimed at preventing children and young people smoking.”

Full story

BBC News, 31st May 2008

Source: www.bbc.co.uk

Cluster bomb ban treaty is signed – BBC News

“More than 100 nations, including the UK, have signed a treaty to ban current designs of cluster bombs.”

Full story

BBC News, 30th May 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Guantanamo man on terror charge – BBC News

“The only remaining British resident to be held in Guantanamo Bay has been charged with terrorism by a US military tribunal, the BBC has learned.”

Full story

BBC News, 30th May 2008

Source: www.bbc.co.uk

Revealed: legal staff the UK’s happiest workers – The Lawyer

“Legal employees are the happiest workers in the UK, according to a new survey of office professionals.”

Full story

The Lawyer, 30th May 2008

Source: www.thelawyer.com

Secrecy law change to help pensioners – The Independent

“The Government is planning to reform data protection laws so pensioners in fuel poverty can be contacted directly and offered help, it was announced today.”

Full story

The Independent, 30th May 2008

Source: www.independent.co.uk

Smith in final bid for 42-day detention – The Independent

“Jacqui Smith, the Home Secretary, is to make one final attempt to avert a Commons defeat over the plans to lock up terrorist suspects for up to 42 days without trial.”

Full story

The Independent, 30th May 2008

Source: www.independent.co.uk

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same – Times Law Reports

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same

Queen’s Bench Division

“The right to life, protected by article 2 of the European Convention on Human Rights, could extend to members of the Armed Forces, wherever they might be; whether it did so would depend on the circumstances of the particular case.”

The Times, 30th May 2008

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 last Briton in Guantanamo faces death penalty – The Independent

“A British resident who is facing the death penalty in Guantanamo Bay has made a final desperate plea to Gordon Brown to end his six-year ordeal and bring him home today.”

Full story

The Independent, 30th May 2008

Source: www.independent.co.uk

British newspaper websites liable in France for privacy invasion – OUT-LAW.com

“Two British newspaper publishers have been fined in French courts because they violated French privacy laws. The publishers were liable because the articles were viewed in France on the internet.”

Full story

OUT-LAW.com, 29th May 2008

Source: www.out-law.com

Freedom Of Information: The time has come to end the 30-year rule of disclosure – The Independent

“The Prime Minister has asked the Editor in Chief of Associated Newspapers to chair a review of the 1967 disclosure regime. But, asks Robert Verkaik, Law Editor, will this lead to greater openness?”

Full story

The Independent, 30th May 2008

Source: www.independent.co.uk

Harass a hoodie: how Essex police take surveillance to the streets – The Guardian

“Operation Leopard is the latest weapon in the fight against antisocial behaviour to receive government backing. Pioneered by officers in Essex policing difficult estates, it deploys forward intelligence teams (FITs) – units trained to gather evidence at foxhunts, protests and football matches – in areas suffering from crime.”

Full story

The Guardian, 30th May 2008

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

BAILII: Recent Decisions

Soldier denied payout in ‘wrong type of bomb’ case – Daily Telegraph

“A soldier left disabled by an explosion in Iraq is being refused a compensation payout because his injuries were caused by the ‘wrong type of bomb’, it has been claimed.”

Full story

Daily Telegraph, 29th May 2008

Source: www.telegraph.co.uk

Terror concessions being planned – BBC News

“The government will compromise to avoid defeat over plans to extend pre-charge detention for terror suspects from 28 days to 42 days…”

Full story

BBC News, 29th May 2008

Source: www.bbc.co.uk

One child under 10 killed every week – Daily Telegraph

“One child under the age of 10 is killed every week, shocking new figures showed.”

Full story

Daily Telegraph, 29th May 2008

Source: www.telegraph.co.uk

Practice Statement (House of Lords: Appearance of Counsel) – WLR Daily

Practice Statement (House of Lords: Appearance of Counsel); [2008] WLR (D) 175

Their Lordships wished to remind the Bar of a rule which appeared to be less well known than it was. If counsel were instructed to appear before the highest court in the United Kingdom they were expected to be present at and throughout the hearing.”

WLR Daily, 28th May 2008

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.

SB v X County Council – Times Law Report

SB v X County Council

Court of Appeal

“In contentious adoption cases, where the court was dispensing with parental consent, the question of any contact between the children and their family members was for the court and not the local authority to resolve.”

The Times, 29th May 2008

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 (HSMP Forum Ltd) v Secretary of State for the Home Department – Times Law Reports

Regina (HSMP Forum Ltd) v Secretary of State for the Home Department

Queen’s Bench Division

“The introduction of a new and more restrictive regime for highly skilled immigrants was unlawful because it prejudiced people already admitted to the UK under an earlier regime by reducing their opportunity to gain permanent rights of residency.”

The Times, 29th May 2008

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.

Reforming Insurance Contract Law – Law Commission

“On 28 May 2008, the Law Commission published a summary of responses to its Consultation Paper. The summary document reports the arguments that have been put to us on consumer insurance reform. A further paper will deal with business insurance reform. There is a wide consensus that consumer insurance law is in urgent need of reform – not only among consumer groups, lawyers and brokers, but also among most insurance companies.”

Full story

Law Commission, 28th May 2008

Source: www.lawcom.gov.uk

Scientology protest: Liberty challenges police over summons – The Guardian

“The police force that issued a teenager with a court summons for calling Scientology a cult could face a judicial review over the legality of its policing guidelines.”

Full story

The Guardian, 28th May 2008

Source: www.guardian.co.uk

Council motoring fines ‘illegal’ – BBC News

“Some councils have earned hundreds of thousands of pounds by enforcing unlawful traffic and parking restrictions, the BBC has learned.”

Full story

BBC News, 29th May 2008

Source: www.bbc.co.uk

Law Society and AWS launch two-year equal pay campaign – Legal Week

“The Law Society and the Association of Women Solicitors (AWS) are launching an equal pay campaign, after fresh research revealed significant salary inequalities within the profession.”

Full story

Legal Week, 29th May 2008

Source: www.legalweek.com

US cluster bombs to be banned from UK – The Guardian

“The US will no longer be able to stockpile cluster bombs at its military bases in Britain under government proposals for an international ban on the controversial weapons, it emerged last night.”

Full story

The Guardian, 29th May 2008

Source: www.guardian.co.uk

Labs escape outbreak prosecution – BBC News

“The animal health laboratories at the centre of last summer’s foot-and-mouth disease outbreak will not be prosecuted, Surrey County Council says.”

Full story

BBC News, 29th May 2008

Source: www.bbc.co.uk

Discrimination: Is it time to extend the age laws? – The Guardian

“Are the age discrimination laws working, and should they be extended, asks Audrey Williams.”

Full story

The Guardian, 29th May 2008

Source: www.guardian.co.uk

Boy is fined for dropping balloon – BBC News

“A teenager who was fined for littering when he dropped a deflated balloon in a city centre may fight the case.”

Full story

BBC News, 28th May 2008

Source: www.bbc.co.uk

Minister signals end of business regulation era – The Guardian

“Britain has reached the end of the era of major legislation regulating business, the business secretary, John Hutton, will say today in a speech challenging the idea that workplace exploitation is tackled by new laws.”

Full story

The Guardian, 29th May 2008

Source: www.guardian.co.uk

Cook Yvonne Godwin made rat poison cake for unfaithful husband – The Times

“A former hospital cook who laced her unfaithful husband’s fruit cake with rat poison was spared jail yesterday. Yvonne Godwin baked the poisoned cake after discovering that her husband of 30 years had been having an affair with her best friend’s sister.”

Full story

The Times, 29th May 2008

Source: www.timesonline.co.uk

Specialist drug courts ‘working’ – BBC News

“Specialist courts which deal only with drugs offenders are proving a success, the government has said.”

Full story

BBC News, 28th May 2008

Source: www.bbc.co.uk

Nisha Patel-Nasri: Husband convicted of special constable’s murder – The Guardian

“The husband of Nisha Patel-Nasri, the special constable who was stabbed to death on her third wedding anniversary, was today convicted of her murder.”

Full story

The Guardian, 28th May 2008

Source: www.guardian.co.uk

New review of fancy dress killing – BBC News

“A financial adviser dressed as a Ghostbuster who was seen being punched during a fight outside a pub was unlawfully killed, a coroner has ruled.”

Full story

BBC News, 28th May 2008

Source: www.bbc.co.uk

Spying council to be investigated – BBC News

“A privacy watchdog is to investigate a council that used powers to spy on people, including a family suspected of lying about where they lived.”

Full story

BBC News, 28th May 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Recent Statutory Instruments – OPSI

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust – Times Law Reports

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust

Queen’s Bench Divisional Court

“Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights.”

The Times, 28th May 2008

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.

S-H v Kingston upon Hull City Council and Another – Times Law Reports

S-H v Kingston upon Hull City Council and Another

Court of Appeal

“In order to decide whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the correct test to be applied by the court was whether, in all the circumstances, including the parents’ prospects of securing revocation and the child’s interests, leave should be given.”

The Times, 28th May 2008

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.

Corby Group Litigation v Corby Borough Council – Times Law Reports

Corby Group Litigation v Corby Borough Council

Court of Appeal

“The House of Lords had neither expressly nor impliedly reversed the long-standing principle that damages for personal injury could be claimed in the tort of public nuisance.”

The Times, 28th May 2008

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 staff to patrol youth courts in knife crime crackdown – The Guardian

“Dedicated police staff are to patrol London’s youth courts to encourage knife crime victims and witnesses to testify against their attackers.”

Full story

The Guardian, 28th May 2008

Source: www.guardian.co.uk

Social workers’ failings ‘put children in divorce cases at risk of abuse’ – The Times

“Children in divorce and separation cases are being left at risk of abuse because of serious failings by social workers dealing with their cases, according to a watchdog.”

Full story

The Times, 28th May 2008

Source: www.timesonline.co.uk

Lawyer’s wife stole £80,000 to fund slot machine addiction – Daily Telegraph

“A solicitor’s wife has been jailed for stealing £80,000 from his law firm to fund her addiction to fruit machines.”

Full story

Daily Telegraph, 27th May 2008

Source: www.telegraph.co.uk

Prisoners released early to free up space – The Independent

“More than 500 prisoners are to be released just halfway through their sentences in an effort to free desperately-needed space in overcrowded jails.”

Full story

The Independent, 28th May 2008

Source: www.independent.co.uk

Two out of three breach their first Asbo – Daily Telegraph

“Two thirds of people who are given anti-social behaviour orders for the first time go on to breach them, figures show.”

Full story

Daily Telegraph, 27th May 2008

Source: www.telegraph.co.uk

Plan to close child porn loophole – BBC News

“Drawings and computer-generated images of child sex abuse would be made illegal under proposals announced by Justice Minister Maria Eagle.”

Full story

BBC News, 28th May 2008

Source: www.bbc.co.uk

Identity fraud cases up by two thirds – Daily Telegraph

“Cases of identity fraud increased by two thirds last year with people in affluent areas most at risk, credit data figures show.”

Full story

Daily Telegraph, 27th May 2008

Source: www.telegraph.co.uk

Estate agents lose out to vendors in appeal ruling – The Times

“Estate agents have lost the right to commission if a buyer to whom they show a property then makes an offer through another joint agency.”

Full story

The Times, 28th May 2008

Source: www.timesonline.co.uk

Legal Opinion: Labour has not curbed yob culture in Britain – The Independent

“The Asbo was supposed to help communities combat nuisance behaviour. Robert Verkaik, Law Editor, reviews the unhappy record of a flagship Labour policy.”

Full story

The Independent, 28th May 2008

Source: www.independent.co.uk

Householders face tougher recycling penalties – Daily Telegraph

“Every household could have to nominate an adult who will take legal responsibility for its bins as townhalls start to crack down on residents who are not recycling properly.”

Full story

Daily Telegraph, 27th May 2008

Source: www.telegraph.co.uk

Focus on Forensics – BBC Law in Action

“High-profile prosecutions have relied on DNA to convict the guilty. Steve Wright who murdered five women in Suffolk, and Mark Dixie the killer of Sally Anne Bowman, would probably not have been convicted without DNA evidence.

But the use of forensic evidence is not always so straight-forward in proving guilt, as Clive Coleman finds out when he debates the use of forensic techniques with a panel of experts.”

Full story

BBC Law in Action, 27th May 2008

Source: www.bbc.co.uk

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