Archive for June 16th, 2008

Church of England faces compensation bill over women bishops – Daily Telegraph

“The Church of England could face paying out millions of pounds in compensation to opponents of women bishops who quit their posts over the issue.”

Full story

Daily Telegraph, 16th June 2008

Source: www.telegraph.co.uk

Lawyers split over 42 day detention period – The Lawyer

“City lawyers are split over the extension of the pre-charge detention period to 42 days which was narrowly passed in the House of Commons on Wednesday.”

Full story

The Lawyer, 13th June 2008

Source: www.thelawyer.com

Caretaker who fell off stepladder sues for £50,000 over ‘inadequate training’ – Daily Telegraph

“A school caretaker who was injured falling off a six-foot stepladder is suing his employer for £50,000 claiming he was not trained how to use it properly.”

Full story

Daily Telegraph, 16th June 2008

Source: www.telegraph.co.uk

80% want legal P2P – survey – The Register

“A fascinating survey of music consumption conducted for British Music Rights has good and bad news for the beleaguered music business.”

Full story

The Register, 16th June 2008

Source: www.theregister.co.uk

European test case could give over-65s the right to stay at work – The Guardian

“A test case on age discrimination which goes to the European court of justice in Luxembourg early next month could open the way for employees in Britain to insist on working past 65.”

Full story

The Guardian, 16th June 2008

Source: www.guardian.co.uk

Raj Persaud: TV psychiatrist faces plagiarism hearing – The Guardian

“Britain’s best-known psychiatrist will appear before a disciplinary hearing today over allegations of plagiarism.”

Full story

The Guardian, 16th June 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Recent Statutory Instruments – OPSI

Redknapp and Another v Commissioner of the City of London Police and Another – Times Law Reports

Redknapp and Another v Commissioner of the City of London Police and Another

Queen’s Bench Divisional Court

“Reasons for seeking the issue of an search warrant had to be set out to make it valid. For its execution to be lawful, the occupier of the premises had to be shown and given a copy of the warrant. “

The Times, 16th 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.

Khan v Commissioner of Police of the Metropolis – Times Law Reports

Khan v Commissioner of Police of the Metropolis

Court of Appeal

“Police powers to enter and search a premises without a warrant, could be used only where those premises were, in fact, occupied or controlled by a person under arrest, and not where the police had merely a reasonable belief that the suspect occupied or controlled the premises.”

The Times, 16th 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.

Gibson v Revenue and Customs Prosecution Office – WLR Daily

Gibson v Revenue and Customs Prosecution Office [2008] EWCA Civ 645; [2008] WLR (D) 189

“The wife of a convicted drug dealer was entitled to keep her interest in the matrimonial home despite a finding in confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The Drug Trafficking Act 1994 did not give the court power to bring her share of the equity in the matrimonial home within the confiscation order, since the assets were hers without any court order in her favour.”

WLR Daily, 12th 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.

Pietrzak v Regional Court in Wloclawek, Poland – WLR Daily

Pietrzak v Regional Court in Wloclawek, Poland; [2008] WLR (D) 190

“Art 8(1) of European Council Framework Decision of 13 June 2002 set out the contents necessary for a valid European arrest warrant: additional information specified in the form in the annex to the Framework Decision did not form part of the warrant for the purposes of validity.”

WLR Daily, 12th 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 (L) v Merton London Borough Council – WLR Daily

R (L) v Merton London Borough Council; [2008] WLR (D) 191

“The Arrangements for Placement of Children (General) Regulations 1991 (SI 1991/890), reg 13 did not impose a maximum of 120 days of respite care in a 12-month period, although Department of Health guidance (‘Respite care: series of short-term placements of children’ (LAC (95) 14) ) appeared to indicate otherwise.”

WLR Daily, 12th 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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624; [2008] WLR (D) 192

“Where a council tenant exercising his right to buy had served an operative notice of delay on the council, the housing benefit which he received counted as the payment of rent so as to reduce the purchase price for the purposes of ss 153A(5), 153B and 155(3A) of the 1985 Act, as amended.”

WLR Daily, 12th 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.

‘Lord’ wins right to shipwrecks – at a price – The Times

“A businessman who bought two lordships for himself at auction has won the right to a half share of any wreck that washes up on a long stretch of the Pembrokeshire coastline. “

Full story

The Times, 14th June 2008

Source: www.timesonline.co.uk

Debbie Purdy has everything to live for except a dignified death – Daily Telegraph

“This woman doesn’t want to die, so why has she asked the High Court to allow her husband to assist in her suicide?”

Full story

Daily Telegraph, 15th June 2008

Source: www.telegraph.co.uk

Mothers could win right to breastfeed in public – Daily Telegraph

“Mothers will win a legal right to breast feed in public, under plans being considered by the Government.”

Full story

Daily Telegraph, 16th June 2008

Source: www.telegraph.co.uk

City attacks FSA over curbs on short-sellers – The Times

“The Financial Services Authority (FSA), the City watchdog, was attacked across the City today as it unveiled draconian new rules to force short sellers to disclose their positions in companies undertaking a rights issue.”

Full story

The Times, 13th June 2008

Source: www.timesonline.co.uk

Offenders must get ‘badges of shame’, says Louise Casey crime review – Daily Telegraph

“Offenders carrying out community sentences could be forced to wear high-visibility bibs that will mark them out as criminals, part of measures designed to restore public confidence.”

Full story

Daily Telegraph, 16th June 2008

Source: www.telegraph.co.uk

Regulator attacks payment protection insurance providers – OUT-LAW.com

“Banks, mortgage companies and credit card providers could face a flood of mis-selling claims following a report from the Competition Commission that claims consumers are being overcharged £1.4 billion a year for payment protection insurance (PPI).”

Full story

OUT-LAW.com, 13th June 2008

Source: www.out-law.com

Dividing assets is the real issue in divorce – The Times

“In choosing to examine the status of pre-nuptial agreements, the Law Commission has missed an opportunity to clarify the wider and far more significant issue of how to split marital assets on divorce.”

Full story

The Times, 13th June 2008

Source: www.timesonline.co.uk

First and last word – Law Society’s Gazette

“The UK’s new supreme court could answer the vexed question of how judges might legitimately help the government confront terrorism.”

Full story

Law Society’s Gazette, 12th June 2008

Source: www.lawgazette.co.uk

Army accused of human rights abuse in case of Iraqis held without trial for five years – The Independent

“Britain is accused of holding Iraqi prisoners of war in a legal black hole after it emerged that two men accused of killing British soldiers have been detained without trial for more than five years.”

Full story

The Independent, 15th June 2008

Source: www.independent.co.uk

Youth chief urges cut in custody – BBC News

“The head of the Youth Justice Board for England and Wales has urged magistrates and judges to impose fewer custodial terms on young offenders.”

Full story

BBC News, 16th June 2008

Source: www.bbc.co.uk

Net-surfing lawyers warned of compliance risk – Law Society’s Gazette

“Solicitors risk breaching conduct rules and could face insurance claims if they use non-specialist online sources for legal research, a leading QC solicitor has warned.”

Full story

Law Society’s Gazette, 12th June 2008

Source: www.lawgazette.co.uk

Family courts out of touch says judge – The Times

“A senior family judge has attacked the present system of family courts run by a ’self-selecting great and good and a professional judiciary’ as out of tune with society.”

Full story

The Times, 16th June 2008

Source: www.timesonline.co.uk

Forest Gate anti-terror raid brothers to get £60,000 compensation – Daily Telegraph

“The two brothers at the centre of the Forest Gate anti-terror raid will receive £60,000 in compensation from Scotland Yard, it emerged last night.”

Full story

Daily Telegraph, 16th June 2008

Source: www.telegraph.co.uk

Judge attacks internet after leering youths filmed ’sick’ assault – The Independent

“A senior judge made a passionate plea for the Government to clamp down on disturbing internet images as he jailed four teenagers for a ’sickening’ attack which they filmed.”

Full story

The Independent, 14th June 2008

Source: www.independent.co.uk

Smith faces Commons summons to explain secret papers blunder – The Guardian

“The home secretary, Jacqui Smith, was last night facing a Commons summons to explain how another batch of secret documents were left on a train.”

Full story

The Guardian, 16th June 2008

Source: www.guardian.co.uk

Bus CCTV terror bill is defended – BBC News

“First Bus has defended a bill, believed to be for £125,000, which was sent to police for providing CCTV equipment to help a terrorism investigation.”

Full story

BBC News, 15th June 2008

Source: www.bbc.co.uk

Average teenager’s iPod has 800 illegal music tracks – The Times

“Teenagers and students have an average of more than 800 illegally copied songs each on their digital music players, the largest academic survey of young people’s music ownership has found.”

Full story

The Times, 16th June 2008

Source: www.timesonline.co.uk

Herbalists to face strict regulations – Daily Telegraph

“Strict regulations are to be imposed on herbalists and acupuncturists amid growing concerns about the safety of their treatments.”

Full story

Daily Telegraph, 15th June 2008

Source: www.telegraph.co.uk

Government outlaws tax avoidance schemes – The Guardian

“The government is outlawing a number of offshore corporation tax avoidance schemes, one of which has been operated by Tesco, the supermarket giant has confirmed.”

Full story

The Guardian, 14th June 2008

Source: www.guardian.co.uk

Climbie worker made a ’scapegoat’ – BBC News

“Victoria Climbie’s social worker has accused officials at London’s Haringey Council of the UK’s ‘worst case of institutionalised scapegoating’.”

Full story

BBC News, 14th June 2008

Source: www.bbc.co.uk

‘Superhacker’ bids to halt extradition – The Independent

“A British man accused of the ‘biggest military computer hack of all time’ will make a last desperate plea today to try to stop his extradition to the US.”

Full story

The Independent, 16th June 2008

Source: www.independent.co.uk


 

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