Archive for May 11th, 2007

Changes to domestic violence laws may backfire – The Times

“Domestic violence has the highest repeat rate of any crime. It is not limited to any particular class, creed or gender. So how should we deal with it? Following its consultation paper “Safety and Justice”, the Government has decided that the best way of tackling this growing – and largely unreported – problem is to criminalise it further.”

Full story

The Times, 10th May 2007

Source: www.timesonline.co.uk

O’Connor and others v. Wiltshire County Council – WLR Daily

O’Connor and others v. Wiltshire County Council [2007] EWCA Civ 426

A public highway was not necessarily constructed “on behalf of” a person who made some contribution towards the cost of its construction and the fact that someone had contributed towards the costs of construction did not prevent the highway being maintainable “at the public expense” for the purposes of s 36(2) of the Highways Act 1980 and s 19(3) of the Land Compensation Act 1973.”

WLR Daily, 9th May 2007

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 (Johnson) v. Secretary of State for the Home Department and another – WLR Daily

R (Johnson) v. Secretary of State for the Home Department and another [2007] EWCA Civ 429

“After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.”

WLR Daily, 9th May 2007

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.

Lamont v. Burton – WLR Daily

Lamont v. Burton [2007] EWCA Civ 429

“In a road traffic accident claim the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were entitled to a 100 per cent success fee under CPR Pt 45 where the claimant had won at trial, even though he failed to exceed an earlier payment into court. There was no discretion to award a lesser increase.”

WLR Daily, 9th May 2007 

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.

Act of mercy – Law Society’s Gazette

“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.” 

Full story

Law Society’s Gazette, 10th May 2007

Source: www.lawgazette.co.uk

Justice protest heats up with court demos – Law Society’s Gazette

“The Access to Justice Alliance (AJA) will next week step up opposition to the government’s proposed civil legal aid reforms with a week of action, including protests outside courts.” 

Full story

Law Society’s Gazette, 10th May 2007

Source: www.lawgazette.co.uk

Denfleet International Ltd. v TNT Global SPA – Times Law Reports

Negligence need not be wilful

Denfleet International Ltd. v. TNT Global SPA 

Court of Appeal 

“A finding of wilful misconduct was not supported when there was no evidence other than that a professional lorry driver had fallen asleep at the wheel.”

The Times, 11th May 2007

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.


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