Archive for November 12th, 2009

OFT to investigate the high cost of going bust – The Times

“The cost of going bankrupt in Britain is too high, the Office of Fair Trading (OFT) said today as it launched a sweeping review of Britain’s corporate insolvency market.”

Full story

The Times, 12th November 2009

Source: www.timesonline.co.uk

Marine Bill enters final stages – BBC News

“The Marine and Coastal Access Bill, which will establish a series of marine conservation zones around England and Wales, is set to finally become law.”

Full story

BBC News, 11th November 2009

Source: www.bbc.co.uk

Gloom today, merger tomorrow – The Times

“The City legal market could be set for a wave of mergers between mid-sized firms as they fight to remain competitive.”

Full story

The Times, 12th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Patel & Anor, R. v [2009] EWCA Crim 2311 (12 November 2009)

TH, R v [2009] EWCA Crim 2278 (12 October 2009)

Court of Appeal (Civil Division)

Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 1176 (11 November 2009)

Patel & Anor v Keles & Anor [2009] EWCA Civ 1187 (12 November 2009)

High Court (Queen’s Bench Division)

Fitzalan-Howard (Norfolk) & Anor v Hibbert [2009] EWHC 2855 (QB) (12 November 2009)

Lonzim Plc & Ors v Sprague [2009] EWHC 2838 (QB) (11 November 2009)

High Court (Administrative Court)

The Friends of Hethel Ltd, R (on the application of) v Ecotricity [2009] EWHC 2856 (Admin) (12 November 2009)

Webster, R (on the application of) v Swindon Local Safeguarding Children Board & Anor [2009] EWHC 2755 (Admin) (22 October 2009)

Source: www.bailii.org

Regina v Gilham – WLR Daily

Regina v Gilham [2009] EWCA Crim 2293; [2009] WLR (D)

“In relation to the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be established that there has been copying of the whole or a substantial part of a copyright work, but it was not necessary to consider a computer game as a whole because copyright also subsisted in the various drawings which resulted in the images shown on the television screen or monitor.”

WLR Daily, 10th November 2009

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 Lehman Brothers International (Europe) (in administration) (No 2) – WLR Daily

In re Lehman Brothers International (Europe) (in administration) (No 2) [2009[ EWCA Civ 1161; [2009] WLR (D) 323

“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction a scheme of arrangement which extended to the release of rights over property held by the company under a trust since it did not constitute a compromise or arrangement between the company and its creditors within s 899 of the 2006 Act.”

WLR Daily, 10th November 2009

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.

Perpetual Trustee Co Ltd and another v BNY Corporate Trustee Services Ltd and another Butters and others (joint administrators of WW Realisation 8 Ltd and another) v BBC Worldwide Ltd and others – WLR Daily

Perpetual Trustee Co Ltd and another v BNY Corporate Trustee Services Ltd and another
Butters and others (joint administrators of WW Realisation 8 Ltd and another) v BBC Worldwide Ltd and others [2009] EWCA Civ 1160; [2009] WLR (D) 322

“The anti-deprivation rule, which as a matter of public policy prevented parties from contracting out of the insolvency legislation by removing assets otherwise available for creditors, did not apply to complex contractual provisions by which investors were granted rights over assets derived from their own moneys, rights which were modified when an event of default happened, or to licence termination and share option provisions operative on insolvency which did not contravene the Insolvency Act 1986. The rule did not normally apply to a deprivation completed before the liquidation, bankruptcy or its equivalent occurred.”

WLR Daily, 10th November 2009

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.

Sienkiewicz (administratrix of the estate of Enid Costello decd) v Greif (UK) Ltd – WLR Daily

Sienkiewicz (administratrix of the estate of Enid Costello decd) v Greif (UK) Ltd [2009] EWCA Civ 1159; [2009] WLR (D) 321

“A claimant bringing an action in tort for exposure to asbestos dust resulting in mesothelioma was required to establish that the tortious exposure had materially increased the risk of contracting the disease.”

WLR Daily, 10th November 2009

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.

Bar Charities Launch Friends in Law Scheme – The Bar Council

“The Bar Pro Bono Unit and the Free Representation Unit are today launching a new scheme which will see sets of chambers encouraged to contribute to the Pro Bono work which is co-ordinated by the Units. The scheme, called ‘Friends in Law’, has generated significant support with eight leading sets of chambers already members.”

Full story

The Bar Council, 11th November 2009

Source: www.barcouncil.org.uk

In re Lehman Brothers International (Europe) (in Administration) (No 2) – Times Law Reports

In re Lehman Brothers International (Europe) (in Administration) (No 2)

Court of Appeal

“A scheme of arrangement under Part 26 of the Companies Act 2006 required the arrangement to be made between the company and its creditors. Former clients of the company with proprietary interests held by the company in trust were not creditors, with the result that the court had no jurisdiction to sanction a scheme of arrangement which included those proprietary interests.”

The Times, 12th November 2009

Source: www.timesonline.co.uk

BTA Bank JSC v Ablyazov and Others – Times Law Reports

BTA Bank JSC v Ablyazov and Others

Court of Appeal

“Section 13 of the Fraud Act 2006 removed the privilege against self-incrimination in respect of an offence under section 328 of the Proceeds of Crime Act 2002 which covered entering or becoming concerned in an arrangement which facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person.”

The Times, 12th November 2009

Source: www.timesonline.co.uk

Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another – Times Law Report

Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another

Court of Appeal

“The police could retain property they seized after the Crown Prosecution Service decided not to prosecute but a private prosecution was being contemplated or taking place.”

The Times, 11th November 2009

Source: www.timesonline.co.uk

Grainger plc v Nicholson – Times Law Reports

Grainger plc v Nicholson

Employment Appeal Tribunal

“An asserted philosophical belief that mankind was heading towards catastrophic climate change and the claimant had a moral duty to lead a life in a manner that mitigated that catastrophe for the benefit of future generations and to persuade others to do the same, if genuinely held, was capable of attracting legal protection under equal treatment legislation.”

Times Law Reports, 11th November 2009

Source: www.timesonline.co.uk

Judges follow sentence guidelines – BBC News

“Following the detention of a teenager who kidnapped and raped a five-year-old boy, eight days after avoiding custody for another child rape, the BBC investigates the sentencing process.”

Full story

BBC News, 11th November 2009

Source: www.bbc.co.uk

Teenage attacker behind bars after second child rape – The Independent

“A teenage sex attacker who raped a five-year-old boy days after being spared a custodial sentence for a previous attack was locked up for almost three years today.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

£500,000 maximum fine for data protection breaches: Government consults – OUT-LAW.com

“The Information Commissioner’s Office (ICO) would have the power to fine organisations up to £500,000 for serious breaches of data protection principles under plans announced this week by the Ministry of Justice.”

Full story

OUT-LAW.com, 11th November 2009

Source: www.out-law.com

The Big Question: Why is Britain’s DNA database the biggest in the world, and is it effective? – The Independent

“Why are we asking this now?

The Home Office has announced a sweeping overhaul of the world’s largest DNA database, which now contains the genetic profiles of more than five million Britons. Civil liberties anger has focussed on the inclusion of samples taken from everyone arrested by police, regardless of whether they have ever been found guilty of an offence.”

Full story

The Independent, 12th November 2009

Source: www.independent.co.uk

Thanks a million – downturn makes no dent in seven-figure pay of top lawyers – The Times

“Hundreds of partners at the City’s leading law firms earned more than £1 million this year, despite the sudden downturn in the commercial legal market.”

Full story

The Times, 12th November 2009

Source: www.timesonline.co.uk

Speech by Mr Justice Eady – Judiciary of England and Wales

Speech by Mr Justice Eady (PDF)

University of Hertfordshire, 10th November 2009

Source: www.judiciary.gov.uk

Last-ditch bid for ‘gay hate’ law – BBC News

“The government is bidding to overturn a defeat in the House of Lords over new laws criminalising ‘homophobic hatred’.”

Full story

BBC News, 12th November 2009

Source: www.bbc.co.uk

Police may scrap scheme to keep tabs on activists – The Guardian

“The head of Britain’s police chiefs has said that a scheme to monitor political campaigners may be scrapped as part of plans to make national policing more accountable.”

Full story

The Guardian, 11th November 2009

Source: www.guardian.co.uk

Setback for Government over ‘secret evidence’ for control orders – The Times

“The Government’s attempt to restrict the movements of terror suspects through ‘control-lite’ orders suffered another setback at the High Court yesterday.”

Full story

The Times, 12th November 2009

Source: www.timesonline.co.uk

Unpaid volunteers not covered by discrimination legislation – Law Society’s Gazette

“Volunteers who give their time unpaid to charities are not covered by domestic or European equal treatment legislation designed to protect employees, the Employment Appeal Tribunal has ruled.”

Full story

Law Society’s Gazette, 12th November 2009

Source: www.lawgazette.co.uk

Man sacked for belief in psychics backed by judge (but, of course, he knew that would happen) – The Independent

“A police worker who was sacked because he believed psychics can help solve criminal investigations is to go to court today to defend his right to legal protection from religious discrimination.”

Full story

The Independent, 12th November 2009

Source: www.independent.co.uk

Whatever happened to the radical lawyers? – The Times

“Michael Mansfield’s autobiography is called Memoirs of a Radical Lawyer. For many, the juxtaposition of the two words ‘radical’ and ‘lawyer’ is a contradiction in terms, possibly, even a bit of a joke. But if anyone can carry off that tricky 1960s label, then Mansfield can.”

Full story

The Times, 12th November 2009

Source: www.timesonline.co.uk

The stuff of human rights – The Guardian

“It’s always a surprise to see the Human Rights Act, protector of justice and dignity, brought to the level of tangible goods – such as access to the internet or a KFC.”

Full story

The Guardian, 11th November 2009

Source: www.guardian.co.uk

Canoe fraudster Anne Darwin to repay nearly £600,000 – The Times

“Convicted fraudster Anne Darwin has agreed to repay nearly £600,000 from the faked death scam she carried out with her husband, a court heard today.”

Full story

The Times, 12th November 2009

Source: www.timesonline.co.uk


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