Archive for July 4th, 2008

Legal fight ahead if badger cull rejected – Reuters

“Farmers said on Friday they would launch a legal challenge if the farm ministry rejected as expected next week a badger cull to help tackle bovine tuberculosis in cattle.”

Full story

Reuters, 4th July 2008

Source: www.reuters.com

‘Sex with Diana’ story in News of the World was false, claims Burrell – The Guardian

“Solicitors for Paul Burrell, the former butler to Princess Diana, have written a complaint to the Press Complaints Commission claiming a News of the World story alleging Burrell claimed he had sex with Princess Diana was untrue.”

Full story

The Guardian, 4th July 2008

Source: www.guardian.co.uk

Fans of Pringles lick lips over court ruling – Reuters

“Fans of Pringles are savouring a court ruling that the snack is not a potato crisp.”

Full story

Reuters, 4th July 2008

Source: www.reuters.com

Take part in an e-consultation into criminal justice spending – Youth Justice Board

“The justice reinvestment inquiry has been set up to examine whether the resources currently given to the criminal justice system are being used effectively or whether there are alternative strategies which would give a better return for society than traditional methods of dealing with offenders.”

Full story

Youth Justice Board, 4th July 2008

Source: www.yjb.gov.uk

Human rights body condemns counter-terrorism bill – The Guardian

“Government plans to extend pre-charge detention for terror suspects to 42 days are ‘unnecessary, disproportionate and counter-productive’ and should be rejected when they come before the House of Lords next week, an international human rights group said today. ”

Full story

The Guardian, 4th July 2008

Source: www.guardian.co.uk

Linklaters follows rivals with record £1.29bn turnover – The Times

“Linklaters has followed its rivals in announcing a record turnover today, although it narrowly missed overtaking Clifford Chance as the world’s biggest firm. ”

Full story

The Times, 4th July 2008

Source: www.timesonline.co.uk

Right to privacy versus the public’s right to know – Law Society’s Gazette

“The Freedom of Information Act 2000 (FoI) continues to surprise and baffle public sector information managers and lawyers. Every month there are an average of 20 decisions made by the information ­ commissioner and eight by the Information Tribunal.”

Full story

Law Society’s Gazette, 3rd July 2008

Source: www.lawgazette.co.uk

Saying sorry – Law Society’s Gazette

“Lawyers and pressure groups alike know an apology can avert legal actions against the medical profession. So why is it still so hard to apologise?”

Full story

Law Society’s Gazette, 3rd July 2008

Source: www.lawgazette.co.uk

Recent Statutory Instruments – OPSI

The Armed Forces (Service Complaints) (Consequential Amendments) Order 2008

The Armed Forces (Alignment of Service Discipline Acts) Order 2008

The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008

The Cross-border Railway Services (Working Time) Regulations 2008

The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2008

The Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008

The Courts-Martial (Amendment) Rules 2008

The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008

The Road Vehicles (Construction and Use) (Amendment) Regulations 2008

The Estate Agents (Redress Scheme) Order 2008

The Estate Agents (Redress Scheme) (Penalty Charge) Regulations 2008

The Eggs and Chicks (England) Regulations 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

High Court (Queen’s Bench Division)

Ministry of Defence v Griffin [2008] EWHC 1542 (QB) (03 July 2008)

High Court (Administrative Court)

E v The Governing Body of JFS & Anor [2008] EWHC 1535 (Admin) (03 July 2008)

Obienna v Secretary of State for the Home Department [2008] EWHC 1476 (Admin) (27 June 2008)

High Court (Commercial Court)

Cherney v Deripaska [2008] EWHC 1530 (Comm) (03 July 2008)

General Trading Company (Holdings) Ltd v Richmond Corporation Ltd [2008] EWHC 1479 (Comm) (03 July 2008)

Colliers International Property Consultants (“Cipc”) & Anor v Colliers Jordan Lee Jafaar Sdn Bhd [2008] EWHC 1524 (Comm) (03 July 2008)

High Court (Technology and Construction Court)

Neath Port Talbot County Borough Council v Currie & Brown Project Management Ltd & Anor [2008] EWHC 1508 (TCC) (16 June 2008)

Source: www.bailii.org

Equality before the Law – Speech by Lord Phillips of Worth Matravers

Equality before the Law (PDF)

Speech by Lord Phillips of Worth Matravers

East London Muslim Centre, 3rd July 2008

Source: www.justice.gov.uk

Jack Straw welcomes a year of constitutional progress – Ministry of Justice

“Justice Secretary Jack Straw today marked the one-year anniversary of the government’s constitutional change programme and said the progress made was a major step forward in renewing Britain’s democracy.”

Full story

Ministry of Justice, 3rd July 2008

Source: www.justice.gov.uk

Witness and victim experience survey: early findings – Ministry of Justice

“The Witness and Victim Experience Survey is a national telephone survey that explores victims’ and witnesses’ experiences of the criminal justice system in England and Wales in cases that have resulted in criminal charges.

This report explores the provision of information and services to victims and witnesses in cases closed between February 2005 to January 2006, and of the progress made at a local and national level against key criminal justice system initiatives.”

Early findings from the Witness and Victim Experience Survey: information and service provision (PDF)

Ministry of Justice, 3rd July 2008

Source: www.justice.gov.uk

24-hour bail curfew for terrorist suspect linked to Bin Laden – The Guardian

“The hiding place of a leading terror suspect was inadvertently released by Justice Ministry officials last night after he was freed from jail under unprecedented bail conditions. The man, who can be identified only as U, was released from Long Lartin, Worcestershire, after the appeal court ruled there was no reason to hold him indefinitely as he could not be deported to his native Algeria.”

Full story

The Guardian, 4th July 2008

Source: www.guardian.co.uk

Race inquiry as crime squad uses ‘blacked-up’ actor – The Times

“A white actor ‘blacked-up’ to play an African government official in a role-play exercise staged by the elite squad leading the fight against organised crime, The Times has learnt.”

Full story

The Times, 4th July 2008

Source: www.timesonline.co.uk

Thorner v Major and others – WLR Daily

Thorner v Major and others [2008] EWCA Civ 232; [2008] WLR (D) 222

“A dedicated help and service in reliance upon a statement did not bind his estate by conscience to create a proprietary estoppel to confer the farm to the claimant even if the deceased had given the farm to the claimant by a will which he subsequently revoked to deny an interest to a third person.”

WLR Daily, 3rd 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 (Compton) v Wiltshire Primary Care Trust – WLR Daily

R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749; [2008] WLR (D) 221

“The Court of Appeal set down the appropriate procedure to deal with protective costs orders in the Court of Appeal.”

WLR Daily, 3rd 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.

Franbar Holdings Ltd v Patel and others – WLR Daily

Franbar Holdings Ltd v Patel and others [2008] EWHC 1534 (Ch); [2008] WLR (D) 220

Where the question of ratification arose in the context of an application to continue a derivative claim, under s 261 of the Companies Act 2006, the court should ask itself whether the ratification had the effect that the claimant was being improperly prevented from bringing the claim on behalf of the company. That also applied where the connected person provisions in s 239 were not satisfied but there was still actual wrongdoer control by which there had been a diversion of assets to persons associated with the wrongdoer, albeit not connected in the sense provided by s 239(4).”

WLR Daily, 3rd 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.

Environment Agency v Thorn International UK Ltd – WLR Daily

Environment Agency v Thorn International UK Ltd; [2008] WLR (D) 219

“A used electrical product, such as a refrigerator or a computer monitor, which had been taken back from its original owner on purchase of a replacement model, and then bought by a company for repair or refurbishment prior to re-sale, was not, while awaiting such repairs, ‘waste’ within the meaning of the Environmental Protection Act 1990 and Council Directive 75/442/EEC.”

WLR Daily, 3rd 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.

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom) – Times Law Reports

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom)

Court of Justice of the European Communities

“There was no principle that the Council of the European Union was entitled automatically to refuse access to opinions of its legal service relating to a legislative process.”

The Times, 4th 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.

Crime costs every person £275 a year – Daily Telegraph

“Crime cost the country nearly £15 billion – or £275 for every person – last year, according to a new report.”

Full story

Daily Telegraph, 3rd July 2008

Source: www.telegraph.co.uk

ID card fingerprint errors fear – BBC News

“Mismatched or unclear fingerprints could hamper the government’s £5.6bn ID card scheme, independent experts warn.”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

Jewish school did not discriminate against pupil – The Times

“A top Jewish state school was cleared today of racially discriminating against an 11-year-old boy by refusing him a place, in a High Court ruling that has implications for the whole faith school system. ”

Full story

The Times, 3rd July 2008

Source: www.timesonline.co.uk

Fraudster known as the Bogus Contessa is jailed – Daily Telegraph

“A convicted fraudster has been jailed for posing as an incredibly wealthy noblewoman to con the life-savings out of vulnerable victims.”

Full story

Daily Telegraph, 3rd July 2008

Source: www.telegraph.co.uk

Bar Council slams BBC drama; series writer responds – The Lawyer

“A row has broken out between the Bar Council and a television writer over the BBC courtroom drama, Criminal Justice.”

Full story

The Lawyer, 3rd July 2008

Source: www.thelawyer.com

Straw unveils witness legislation – BBC News

“Emergency legislation to restore trial judges’ powers to grant anonymity to witnesses has been unveiled by Justice Secretary Jack Straw. ”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

Clampers add £100 ‘swearing’ fine – The Independent

“A clamping company has been accused of ‘fleecing the public’ after charging victims £100 for venting their fury at attendants.”

Full story

The Independent, 4th July 2008

Source: www.independent.co.uk

Case dismissed: Lord Chief Justice lays down law on Sharia – The Times

“Britain’s most senior judge declared last night that there was no place for Sharia courts in this country and insisted that all residents were governed by the laws of England and Wales.”

Full story

The Times, 4th July 2008

Source: www.timesonline.co.uk

Sex camera hotel manager jailed – BBC News

“A hotel manager who set up a hidden camera in a bedroom to watch a couple having sex has been jailed.”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

Freedom Of Information: Names of misbehaving judges are too rarely made public – The Independent

“Of thousands of complaints made each year about the behaviour of judges and magistrates, hardly any are proven. Public confidence would be better served by naming the guilty few, argues Robert Verkaik, Law Editor.”

Full story

The Independent, 4th July 2008

Source: www.independent.co.uk

Allen & Overy’s £1billion turnover confirms London as centre of the legal world – The Times

“Britain’s four largest law firms each earned more than £1 billion last year, confirming London’s emergence as the centre of the global legal services market.”

Full story

The Times, 4th July 2008

Source: www.timesonline.co.uk


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