Archive for April 8th, 2008



Whitehead and another v Hibbert Pownall & Newton ( a firm) – WLR Daily

Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96

“Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant’s death were not liable for failing to secure for the deceased’s estate what, on the full facts, would have amounted a an uncovenanted windfall. The estate, standing in the deceased’s shoes, could not recover sums referable to a period after her death since she would only have been entitled to recover losses incurred or to be incurred in her lifetime.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v R (Video Recording: Admissibility) – WLR Daily

R v R (Video Recording: Admissibility) [2008] EWCA Crim 678; [2008] WLR (D) 95

“A video recording of an interview given had been was properly admitted as evidence in chief at a criminal trial pursuant to a special measures direction made under s27 of the Youth Justice and Criminal Evidence Act 1999, notwithstanding that no notification had been given by the Secretary of State under s18(2) of the Act that such measures were available.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Family Life – Family Justice – Fairness – Speech by Mr Justice Coleridge

Family Life – Family Justice – Fairness (PDF)

Speech by Mr Justice Coleridge

Resolution National Conference, 5th April 2008

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

High Court (Administrative Court)

British Medical Association, & Anor R (on the application of) v Secretary of State for Health [2008] EWHC 599 (Admin) (13 March 2008)

Slivka v District Court of Prague [2008] EWHC 595 (Admin) (12 March 2008)

Secretary of State for Justice, R (on the application of) v Mental Health Review Tribunal & Anor [2008] EWHC 598 (Admin) (05 March 2008)

D, R (on the application of) v Sheffield Youth Court [2008] EWHC 601 (Admin) (06 March 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Bluetongue Regulations 2008

The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 5) Order 2008

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 1) (Northern Ireland) Order 2008

The Companies Act 2006 (Consequential Amendments etc) Order 2008

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2008

The Legislative Reform (Health and Safety Executive) Order 2008

The Sex Discrimination (Amendment of Legislation) Regulations 2008

Source: www.opsi.gov.uk

Sir Ken Macdonald: ‘We are determined to do more ourselves’ – The Times

“It is a classic case of poacher- turned-gamekeeper — or in the case of Sir Ken Macdonald, perhaps the other way round. The Director of Public Prosecutions has embarked on a programme of taking on Crown Court trials — the stomping ground of his profession, the Bar. Instead of paying millions a year to private practice barristers, he wants more CPS advocates to take their own cases to court.”

Full story

The Times,

Source: www.timesonline.co.uk

Government changes mind on contract rules – OUT-LAW.com

“The UK Government wants to sign up to a European Regulation which would standardise how the law is applied in cross-border contractual disputes, it has said. The Regulation, known as Rome I, replaces existing rules governing such disputes.”

Full story

OUT-LAW.com, 7th April 2008

Source: www.out-law.com


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