Archive for July 14th, 2008

Recent Statutory Instruments – OPSI

Information Commissioner calls for new powers and ban on electoral roll sale – OUT-LAW.com

“The Information Commissioner has repeated his call for more powers to protect personal data and has said that local authorities should not be selling the electoral roll to marketers.”

Full story

OUT-LAW.com, 14th July 2008

Source: www.out-law.com

Actor loses court battle over £2.3m estate of mother’s lesbian lover – The Guardian

“An actor today lost a high court challenge over the £2.3m estate of a distinguished sculptor who had a 50-year lesbian relationship with her mother.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

Top 30 firms record 93 per cent PEP rise since turn of century – The Lawyer

“The average profit per equity partner (PEP) of the UK’s top 30 law firms has grown by 92.7 per cent to £764,900 since the turn of the century.”

Full story

The Lawyer, 14th July 2008

Source: www.thelawyer.com

Magdalene Bayim-Adomako: ‘There are not many black lawyers in the City’ – The Times

“The co-head of White & Case’s banking practice says that, for her, becoming a solicitor felt ‘normal’”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

The Serious Fraud Office v Lexi Holdings Plc [2008] EWCA Crim 1443 (10 July 2008)

Rahman & Anor v R [2008] EWCA Crim 1465 (08 July 2008)

Court of Appeal (Civil Division)

Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 (11 July 2008)

McGuane v Welch [2008] EWCA Civ 785 (11 July 2008)

HB v Secretary of State for the Home Department [2008] EWCA Civ 806 (11 July 2008)

Roberts v Gill & Co & Anor [2008] EWCA Civ 803 (11 July 2008)

ING Lease (UK) Ltd v Harwood [2008] EWCA Civ 786 (09 July 2008)

Zambia v Meer Care & Desai (a firm) & Ors [2008] EWCA Civ 754 (09 July 2008)

Bhatt Murphy (a firm), R (on the application of) v The Independent Assessor [2008] EWCA Civ 755 (09 July 2008)

High Court (Chancery Division)

Croftcall Ltd v Morgan & Anor [2008] EWHC 1622 (Ch) (11 July 2008)

Bank of New York v Montana Board of Investments & Anor [2008] EWHC 1594 (Ch) (10 July 2008)

High Court (Administrative Court)

K & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2008] EWHC 1598 (Admin) (24 June 2008)

Min & Anor, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1604 (Admin) (25 June 2008)

Barnett v Secretary of State for Communities and Local Government [2008] EWHC 1601 (Admin) (20 June 2008)

High Court (Commercial Court)

Greene Wood & McLean v Templeton Insurance Ltd [2008] EWHC 1593 (Comm) (10 July 2008)

High Court (Admiralty Division)

Voutakos, Re the Owners of the vessel v Tsavliris Salvage (International) Ltd [2008] EWHC 1581 (Admlty) (10 July 2008)

Source: www.bailii.org

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th July 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.

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07) – WLR Daily

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07); [2008] WLR (D) 234

Public statements that persons of particular racial origins were not acceptable as candidates for an employment post prima facie constituted direct discrimination for the purposes of Directive 2000/43 on equal treatment between persons irrespective of racial or ethnic origin, even if no particular complainant could be identified, but it was open to the employer to establish that no infringement of the principle of equal treatment was involved.”

WLR Daily, 11th July 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 (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department – WLR Daily

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department [2008] EWCA Civ 755; [2008] WLR (D) 233

The mere existence of a discretionary scheme for compensation to the victims of miscarriages of justice did not create the conditions necessary to establish a legitimate expectation that the scheme would be continued, so that the Secretary of State was entitled to withdraw it without notice or consultation.”

WLR Daily, 11th July 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.

Gibson v Revenue and Customs Prosecution Office – Times Law Reports

Gibson v Revenue and Customs Prosecution Office

Court of Appeal

“When a confiscation order was made against a convicted drug dealer, his wife was entitled to keep her 50 per cent interest in the matrimonial home, despite a finding in the confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The court had no power to supplement the provisions of the Drug Trafficking Act 1994 so as to bring her share of the equity in the matrimonial home within the order.”

The Times, 14th July 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.

Common Services Agency v Scottish Information Commissioner – Times Law Reports

Common Services Agency v Scottish Information Commissioner

House of Lords

“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”

The Times, 14th July 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.

Terror convicts to be released fom prison early – Daily Telegraph

“Dozens of inmates convicted of terrorism offences will be released after serving half their sentences under rules introduced by the Government.”

Full story

Daily Telegraph, 13th July 2008

Source: www.telegraph.co.uk

Appeal court quashes hydroponic cannabis convictions – The Guardian

“A court of appeal decision has shone a light on the homegrown cannabis industry. The quashing of the convictions of three men involved in hydroponics comes at a time when cultivation of cannabis in the UK is at record levels.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

Landowners and hunt join forces in legal battle to ban saboteurs – The Times

“A group of 84 landowners is backing a hunt’s attempt to ban saboteurs from almost every piece of open land and countryside in West Sussex.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Youth violence: Tactics against gangs fatally flawed – report – The Guardian

“The government’s drive to curb street gangs and knife crime is challenged today by research suggesting official tactics are fundamentally misinformed, frequently failing, and sometimes actively strengthen the gangs they target.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

Magistrates should be banned from handing out custodial sentences – Daily Telegraph

“Magistrates should be banned from handing out custodial sentences to help ease overcrowding in prisons, an influential report says.”

Full story

Daily Telegraph, 13th July 2008

Source: www.telegraph.co.uk

How mother’s stand after job humiliation won her £120,000 – The Times

“Sarah Vince-Cain describes herself as a child of the Eighties, brought up in the age of ‘hard work, power suits and Margaret Thatcher’, and felt guilty about taking time off to start a family.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Community punishments can be pointless, says judge – Daily Telegraph

“A judge has said there was no ‘point’ in community punishments if offenders were given nothing to do and were ’sitting around’.”

Full story

Daily Telegraph, 11th July 2008

Source: www.telegraph.co.uk

Knife offenders to meet victims’ families as police take tougher line – The Independent

“Police are to be ordered to mount a new offensive against knife crime, with more young people searched for weapons in the eight parts of the country worst affected by stabbings.”

Full story

The Independent, 14th July 2008

Source: www.independent.co.uk

MoD faces legal action after teenage Iraqi claims sexual humiliation by soldiers – The Guardian

“The Ministry of Defence is facing fresh court action over as many as 11 cases of alleged abuse of Iraqis, including the alleged sexual humiliation of a teenage boy by British soldiers at a base near Basra in 2003, it emerged yesterday.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

Solicitor fights ‘ageist’ law firm which forced him to retire at 65 years old – The Times

” A solicitor who was forced by his law firm to retire at 65 will lodge a test appeal today, claiming that he was the victim of age discrimination.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Equality laws ‘are now holding women back’ – The Times

“The radical extension of maternity leave and parents’ rights is sabotaging women’s careers, according to the head of the new equalities watchdog.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Commuter Nzube Udezue files complaint over armed arrest ordeal – The Guardian

“An innocent commuter mistakenly detained at gunpoint has filed an official complaint over his arrest after it emerged that he did not match the description of the armed suspect police had been seeking.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

Family of barrister shot dead by police launch landmark legal battle – Daily Telegraph

“The family of a barrister shot dead by police in London has launched a landmark legal battle over the way officers collaborated on their account of the killing.”

Full story

Daily Telegraph, 12th July 2008

Source: www.telegraph.co.uk

Hope of £5,000 compensation for asbestos victims – The Guardian

“People suffering from pleural plaques through exposure to asbestos could qualify for a £5,000 payment if the outcome of a new government consultation goes in their favour.”

Full story

The Guardian, 13th July 2008

Source: www.guardian.co.uk

Serious Fraud Office drug case thrown out of court – The Guardian

“The biggest case ever to be brought by the Serious Fraud Office, involving an alleged price-fixing conspiracy said to have defrauded the NHS of millions of pounds, has been thrown out of court after more than six years of investigation and pre-trial hearings.”

Full story

The Guardian, 11th July 2008

Source: www.guardian.co.uk

Max Mosley case: bend over, free speech, this is going to hurt – The Times

“Max Mosley is suing for breach of privacy over reports he participated in a sadomasochistic ‘Nazi orgy’. The case has big implications for tabloid culture and freedom of expression”

Full story

The Times, 13th July 2008

Source: www.timesonline.co.uk

Pensioner wins citizen law change – BBC News

“The government is to change a loophole in the law after a 20-year campaign by a woman who was not allowed to pass on her Britishness to her daughter.”

Full story

BBC News, 13th July 2008

Source: www.bbc.co.uk

Jack Straw plots end of the House of Lords peers show – Daily Telegraph

“The number of peers sitting in the House of Lords is to be slashed from 735 to only 400 under proposals to be announced by Jack Straw, the Justice Secretary.”

Full story

Daily Telegraph, 12th July 2008

Source: www.telegraph.co.uk

Parliamentary website redesign costs over £3 million – The Guardian

“MPs have spent more than £3 million of taxpayers’ cash redesigning the parliamentary website, it has been revealed.”

Full story

The Guardian, 11th July 2008

Source: www.guardian.co.uk

Are top lawyers worth their huge fees? – The Times

“Their bills are astronomical, but what’s a few million here if it saves more money there? These days an expensive lawyer is a necessity — not a luxury — especially if you’re visiting the divorce courts. So who among the top 50 is raking it in — and are they really worth it?”

Full story

The Times, 13th July 2008

Source: www.timesonline.co.uk


 

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