from the Inner Temple Library
“A man who ran a business selling computer chips that helped games consoles play pirated games has had his conviction for copyright infringement overturned on appeal. The High Court judge called him ‘fortunate’ and criticised the prosecution case.”
OUT-LAW.com, 30th June 2008
Source: www.out-law.com
“Packaging firm Smurfit must pay a rival damages because it made groundless threats about a patent infringement lawsuit to one of its rival’s customers.”
OUT-LAW.com, 30th June 2008
Source: www.out-law.com
“A man has been banned from owning dogs for 10 years and ordered to pay £250 compensation after his Staffordshire bull terriers killed a neighbour’s cat.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
“Wigan rugby league player Iafeta Palea’aesina has been sentenced to 200 hours community service for breaking a bus driver’s jaw.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
“A mental health trust has been fined £25,000 after the death of an elderly man who was scalded in a bath filled with 95C water at a respite home.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
“A man who tried to carry out a suicide pact with his wife after she was taken into care with dementia has been spared jail by a judge at the Old Bailey.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
“Family of hotel worker tortured to death in Army’s Basra detention camp are excluded from compensation talks.”
The Independent, 29th June 2008
Source: www.independent.co.uk
“Plans to introduce cinema-style age classifications for video games have been criticised by the world’s largest games developer.”
Daily Telegraph, 30th June 2008
Source: www.telegraph.co.uk
“A jealous husband strangled his wife to death and then tried to kill his young son when he discovered she had been cheating on him.”
Daily Telegraph, 30th June 2008
Source: www.telegraph.co.uk
“Making councils responsible for the cost of youth custody could help reduce the rising number of juveniles locked up each year, a campaigning charity said today.”
The Guardian, 30th June 2008
Source: www.guardian.co.uk
“The Office of Fair Trading has today referred Kangaroo – the proposed video-on-demand joint venture between BBC Worldwide, ITV and Channel 4 – to the Competition Commission.”
The Guardian, 30th June 2008
Source: www.guardian.co.uk
“A national food poisoning alert linked to meat and fish products has been issued after a fraud of least £2million, The Times has learnt.”
The Times, 30th June 2008
Source: www.timesonline.co.uk
EB (Kosovo) v Secretary of State for the Home Department
House of Lords
“Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum.”
The Times, 30th June 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
Johnston v Lambeth London Borough Council
Court of Appeal
“A local government officer reviewing a decision that an applicant did not have priority need as a homeless person could neither dispense with the statutory duty to consider the earlier decision nor, if mindful to find against the applicant, to give notice to allow the applicant to make written or oral representations.”
The Times, 30th June 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.
“Tables showing judicial salaries and fees for 2008-09 following the government’s acceptance of the recommendations of the Senior Salaries Review Body.”
Ministry of Justice, 27th June 2008
Source: www.justice.gov.uk
“Tonight the BBC airs the first episode in its five part drama series Criminal Justice. The series shows the experience of a young man falsely accused of a crime and his journey through the criminal justice system. The character, Ben Coulter, is first a police suspect, later a defendant and then a prisoner.”
The Bar Council, 30th June 2008
Source: www.barcouncil.org.uk
“Many foreign staff working in care homes in Wales are facing uncertainty because of new work permit guidance, a BBC Wales investigation has found.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
“The government is to unveil an initiative to help people, especially those on low wages, beat the credit crunch, the BBC has learned.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
“Children under 14 should not be held criminally responsible and should never be locked up for their crimes, according to a scathing report.”
The Independent, 30th June 2008
Source: www.independent.co.uk
“The Government is investigating claims that a 26-year-old asylum-seeker from Cameroon was so badly assaulted during her forced removal on a British Airways flight that she has to use a wheelchair.”
The Independent, 30th June 2008
Source: www.independent.co.uk
“Jacqui Smith, the Home Secretary, is being pressured to intervene in a race row after chief constables were accused of ignoring an inquiry into discrimination against Muslim officers.”
Daily Telegraph, 30th June 2008
Source: www.telegraph.co.uk
“An attempt will be made this week to change the law so that elderly siblings who have lived together for many years are subject to the same inheritance tax laws as married couples and civil partners.”
The Guardian, 30th June 2008
Source: www.guardian.co.uk
“It was 9am on New Year’s Day in Hackney, east London, and still party time. A flat in an unremarkable side street had been rented by two Ethiopians for the festivities.
Six years later, that double murder is at the centre of the current storm over anonymity of witnesses which has prompted the justice secretary, Jack Straw, to introduce an emergency bill on the subject which will be rushed through the Commons next week.”
The Guardian, 30th June 2008
Source: www.guardian.co.uk
“Most people’s knowledge of the English legal system comes from watching TV drama. In most states of the US, trials are televised. Viewers see what actually goes on in a courtroom, including the functions and conduct of the judges and lawyers. Here, a modest scheme to televise some proceedings (though not criminal trials) seems to have been quietly dropped. So the main avenue for describing our legal system is through fiction: novels, films and – the most important in terms of the numbers reached – television.”
The Guardian, 30th June 2008
Source: www.guardian.co.uk
“The EU is close to finalising an agreement with the US that would allow the FBI to see the internet browsing habits and credit card histories of UK citizens.”
The Observer, 29th June 2008
Source: http://www.guardian.co.uk
“Peter Hain, who resigned from the Cabinet over allegations that he had failed to register political donations, has been interviewed by police, The Times has learnt.”
The Times, 30th June 2008
Source: www.timesonline.co.uk
“Reforms of income tax and vehicle tax will come under further scrutiny this week, to the embarrassment of the Government, as backbenchers and opposition MPs push for significant amendments.”
The Times, 30th June 2008
Source: www.timesonline.co.uk
“Plans for an American-style sentencing ‘grid’ to control prison numbers appear doomed because of overwhelming opposition from the judiciary.”
The Times, 30th June 2008
Source: www.timesonline.co.uk
“A psychiatrist is suing her employer for £300,000 compensation because she was ‘humiliated’ and made to stop work after she released a mental patient who fatally stabbed a retired banker the next day.”
Daily Telegraph, 28th June 2008
Source: www.telegraph.co.uk
Court of Appeal (Criminal Division)
Anwoir & Ors, R. v [2008] EWCA Crim 1354 (27 June 2008)
High Court (Chancey Division)
Astall & Anor v Revenue & Customs [2008] EWHC 1471 (Ch) (27 June 2008)
High Court (Queen’s Bench Division)
Buckley & Ors v Yates Wine Lodges Ltd & Anor [2008] EWHC 1408 (QB) (27 June 2008)
Green v Westleigh Properties Limits [2008] EWHC 1474 (QB) (27 June 2008)
High Court (Commercial Court)
High Court (Technology and Construction Court)
TJ Brent Ltd & Anor v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC) (13 June 2008)
Source: www.bailii.org
The Commissioner for Older People in Wales (Amendment) Regulations 2008
The European Parliament (House of Lords Disqualification) Regulations 2008
The Safety of Sports Grounds (Designation) (No.2) Order 2008
The Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2008
The Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2008
The Industrial Training Levy (Reasonable Steps) Regulations 2008
Source: www.opsi.gov.uk
“Animal welfare activists have complained to Wimbledon organisers and the police over the culling of pigeons. Is it against the law for marksmen to take out the feral birds?”
BBC News Magazine, 26th June 2008
Source: www.bbc.co.uk
“A woman who left her two-year-old son alone for the weekend has been jailed for 18 months.”
BBC News, 27th June 2008
Source: www.bbc.co.uk
“A judge today questioned a decision by prosecutors not to pursue a murder charge against a mother who left her three-year-old daughter to die from malnutrition in her bedroom.”
The Guardian, 27th June 2008
Source: www.guardian.co.uk
“Midwives and maternity groups are urging the Government to extend a new law to give mothers the legal right to breastfeed babies more than six months old in public.”
The Independent, 28th June 2008
Source: www.independent.co.uk
“Police last night criticised prosecutors for failing to charge a crack addict accused of rape who went on to sexually assault and murder a woman a week after being released from custody.”
The Guardian, 28th June 2008
Source: www.guardian.co.uk
“The High Court’s Queen’s Bench Division (QBD) is in turmoil after being branded ‘chaotic’ by a raft of judges, some of whom claim not to have had a break in the past 10 months.”
The Lawyer, 28th June 2008
Source: www.thelawyer.com
“Policies on gun crime are flawed because ministers overlook its root causes – poverty and inequality, a report by criminologists claims.”
BBC News, 28th June 2008
Source: www.bbc.co.uk
“A school caretaker has successfully sued Hampshire County Council after he was injured falling off a stepladder.”
BBC News, 27th June 2008
Source: www.bbc.co.uk
“Freelance journalist Shiv Malik must hand over his source material for a book on terrorism to Greater Manchester Police within seven days and pay legal costs, a judicial review of the case ruled yesterday.”
The Guardian, 27th June 2008
Source: www.guardian.co.uk
“New coroners’ powers to help prevent avoidable deaths were announced today (26 June) by Justice Minister Bridget Prentice in response to views expressed by bereaved families.”
Ministry of Justice, 26th June 2008
Source: www.justice.gov.uk
Response on behalf of the Council of Her Majesty’s Circuit Judges (PDF) and Postscript (PDF)
Response on behalf of the Magistrates Association (Word)
Judiciary of England and Wales, 26th June 2008
Source: www.judiciary.gov.uk
R v Kenning; R v Blackshaw; R v Fenwick; [2008] WLR (D) 212
“An agreement to aid and abet an offence was not capable of constituting a criminal conspiracy.”
WLR Daily, 26th June 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.
R v Higgs [2008] EWCA Crim 1324; [2008] WLR (D) 211
“To establish the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be shown that the technological measure concerned physically prevents infringement of copyright, and is not merely a discouragement or commercial hindrance to copyright infringement.The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Neil Stanley Higgs, against his conviction on 19 October 2007 in the Crown Court at Bristol before Her Honour Judge Hagen of 26 offences contrary to s 296ZB of the Copyright, Designs and Patents Act 1988.”
WLR Daily, 26th June 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.
Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210
“A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the defendant’s negligence led him to kill, he could recover damages for loss of earnings after he committed manslaughter if his claim was not inextricably connected with his criminal activity.”
WLR Daily, 26th June 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.
Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209
“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”
WLR Daily, 26th June 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.
“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under s 39 of the Leasehold Reform, Housing and Urban Development Act 1993.”
WLR Daily, 26th June 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.
Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd
House of Lords
“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under the Leasehold Reform, Housing and Urban Development Act 1993.”
The Times, 27th June 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.
Court of Appeal
“Where there was a reasonable chance that the Court of Justice of the European Communities might decide a case pending before it so as to give a plaintiff a good claim in the English courts, the sensible answer was to stay the hearing of the claimant’s case so that it would not be snuffed out before the European Court decision became known.”
The Times, 27th June 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 removal of anonymity from sperm and egg donors has provoked a crisis in fertility treatment that is denying couples the chance to try for a baby.”
The Times, 26th June 2008
Source: www.timesonline.co.uk
“Voluntary groups who force adults to have unnecessary criminal records checks will be given special training by the Government, ministers said.”
Daily Telegraph, 26th June 2008
Source: www.telegraph.co.uk
” Children as young as 5 will be identified as being at risk of becoming criminals or troublemakers under government plans to tackle offending and disorder on the streets.”
The Times, 27th June 2008
Source: www.timesonline.co.uk
“Jack Straw, the justice secretary, will introduce an emergency bill in the Commons next week to try to stop hundreds of serious criminal cases collapsing because of concerns about anonymous witnesses. Announcing the move yesterday, he said the bill was expected to go through all its Commons stages the week beginning July 7.”
The Guardian, 27th June 2008
Source: www.guardian.co.uk
“The Takeover Panel received a significant boost to its authority to police takeovers today after the High Court approved a £1.8 billion acquisition of Expro, the oil services provider, by a private equity consortium.”
The Times, 26th June 2008
Source: www.timesonline.co.uk
“A lorry driver who caused a fatal accident while talking on his Bluetooth headset was jailed yesterday for four-and-a-half years. Haulier Mervyn Richmond, 49, was so distracted during a conversation with his mother that he ploughed into a line of stationary traffic, killing father-of-two Michael Buston.”
The Guardian, 27th June 2008
Source: www.guardian.co.uk
