Archive for November 25th, 2008

Government announces new law for increased data sharing – OUT-LAW.com

“The powers of Government to share data will be increased under new laws announced yesterday. Legislation will introduce a fast-track procedure to allow data sharing whenever ‘a robust case’ can be made for sharing, said a Ministry of Justice report.”

Full story

OUT-LAW.com, 25th November 2008

Source: www.out-law.com

The UK does not need a data breach notification law, says Government – OUT-LAW.com

“The Government has rejected calls for a law that would require significant data security breaches to be notified to the country’s privacy regulator. It said that notification to the Information Commissioner should be a matter of good practice, not law.”

Full story

OUT-LAW.com, 25th November 2008

Source: www.out-law.com

BAILII: Recent Decisions

25 life terms for ‘British Fritzl’ – The Independent

“A man who repeatedly raped his two daughters was jailed for life today at Sheffield Crown Court. He made them pregnant 19 times and seven of the children are still alive.”

Full story

The Independent, 25th November 2008

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Hannah Foster’s killer jailed for 24 years – Daily Telegraph

“The man convicted of kidnapping, raping and strangling teenager Hannah Foster – before going on the run to India – has been sentenced to a minimum of 24 years in jail.”

Full story

Daily Telegraph, 25th November 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

High price of fraud is not worth paying – The Times

“For a business executive, it is the stuff of nightmares. A seemingly routine payment to a local fixer by a remote subsidiary results, years later, in an investigation by authorities in the company’s home country. The company is forced to spend millions on legal fees, its reputation is tarnished and its share price plummets. Senior managers may even find themselves in court facing criminal charges.”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Law firms look outside as market prepares for ‘Big Bang’ – The Times

“Four in five law firms expect to join forces with other professionals under the reforms to be introduced by the Legal Services Act, a new survey has found.”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th November 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.

In re Phonographic Performance Ltd – WLR Daily

In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363

“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”

WLR Daily, 24th November 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 (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 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.

Regina v Kelleher – Times Law Reports

Regina v Kelleher

Court of Appeal (Criminal Division)

“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”

The Times, 25th November 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.

Wandsworth London Borough Council v Whibley – Times Law Reports

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 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.

Recent Statutory Instruments – OPSI

Daily Cause List, 25th November 2008

Tuesday 25th November 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

Record number of criminals being handed community court orders – Daily Telegraph

“A record number of criminals are being handed community court orders despite one in three being breached by offenders.”

Full story

Daily Telegraph, 25th November 2008

Source: www.telegraph.co.uk

New laws against forced marriages – BBC News

“Laws to prevent forced marriages and protect those who have already fallen victim have been introduced in England, Wales and Northern Ireland.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk

Cancer patients seek damages after frozen sperm is destroyed – The Times

“Six cancer sufferers who lost their only chance of fathering children when a hospital freezer broke down and destroyed their sperm samples were at the centre of an unprecedented compensation claim yesterday.”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Domestic violence ‘costs £5.8bn’ – The Guardian

“Domestic violence costs the British economy £5.8bn a year and significantly depresses women’s ability to contribute to economic growth, the attorney general told French ministers and former victims in Paris yesterday.”

Full story

The Guardian, 25th November 2008

Source: www.guardian.co.uk

Human Rights undermines public safety, says Tory – Daily Telegraph

“The Human Rights Act has undermined public safety and led to a ‘rights culture’ developing in the UK, the Conservatives said.”

Full story

Daily Telegraph, 25th November 2008

Source: www.telegraph.co.uk

Legal moves against canoeist wife – BBC News

“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk

Defendants should not have to pay for being wrongly prosecuted – discuss – The Times

“Should the taxpayer foot the legal bills of defendants who are brought before courts and acquitted?”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

‘British Josef Fritzl’ to be sentenced – Daily Telegraph

“A rapist dubbed ‘the British Josef Fritzl’, is to be sentenced after admitting to repeatedly raping his two daughters and getting them pregnant 19 times.”

Full story

Daily Telegraph, 25th November 2008

Source: www.telegraph.co.uk

Foreign nationals given ID cards – BBC News

“The Home Office is to start issuing identity cards to people from outside the European Economic Area.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk

Cannabis upgrade ‘very damaging’ – BBC News

“A group of leading scientists and MPs has attacked plans to reclassify cannabis as a more dangerous drug.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk


 

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