Archive for October 27th, 2010

Aktas v Adepta; Dixie v British Polythene Industries plc – WLR Daily

Aktas v Adepta; Dixie v British Polythene Industries plc [2010] EWCA Civ 1170 ; [2010] WLR(D) 269

“Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law jurisdictions, proceedings were commenced when issued and not when served. But it was not until service that the defendant was given proper notice of the proceedings. The additional time between issue and service was thus, in a way, an extension of the limitation period. A claimant could issue proceedings on the last day of the limitation period and still enjoy a further four-month period before service. The strictness with which the time for service was supervised thus had valid public interest underpinnings which were quite separate from the doctrine of abuse of process.”

WLR Daily, 26th October 2010

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.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

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.

BAILII: Recent Decisions

Supreme Court

Cadder v Her Majesty’s Advocate (Scotland) [2010] UKSC 43 (26 October 2010)

Court of Appeal (Criminal Division)

Constantine, R. v [2010] EWCA Crim 2406 (26 October 2010)

T, R. v [2010] EWCA Crim 2439 (26 October 2010)

Wakeling, R. v [2010] EWCA Crim 2210 (15 September 2010)

Qayum, R. v [2010] EWCA Crim 2237 (16 September 2010)

Cooper, R. v [2010] EWCA Crim 2335 (20 September 2010)

Nuthoo, R. v [2010] EWCA Crim 2383 (05 October 2010)

Court of Appeal (Civil Division)

Various Claimants v The Catholic Child Welfare Society & Ors [2010] EWCA Civ 1106 (26 October 2010)

High Court (Queen’s Bench Division)

Ashley- Carter & Anor v Hofmann & Mountford Ltd & Ors [2010] EWHC 2349 (QB) (25 October 2010)

Sutherland v Turnbull [2010] EWHC 2699 (QB) (26 October 2010)

High Court (Administrative Court)

Alvi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2666 (Admin) (25 October 2010)

Gdansk Regional Court (Polish Judicial Authority) v Ulatowski [2010] EWHC 2673 (Admin) (26 October 2010)

Booker, R (on the application of) v NHS Oldham [2010] EWHC 2593 (Admin) (28 October 2010)

TS, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2614 (Admin) (26 October 2010)

Omoregbee, R (on the application of) v The Secretary of State for Justice [2010] EWHC 2658 (Admin) (22 October 2010)

High Court (Commercial Court)

Greene Wood McLean Llp v Templeton Insurance Ltd [2010] EWHC 2679 (Comm) (26 October 2010)

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd [2010] EWHC 2661

Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors [2010] EWHC 2636 (Comm) (26 October 2010)

High Court (Technology and Construction Court)

Kaye v Lawrence [2010] EWHC 2678 (TCC) (26 October 2010)

Source: www.bailii.org

Lord chief justice calls for reform of family system

“The adversarial court system is not appropriate for settling parental disputes over the custody of children, the lord chief justice said today.”

Full story

Law Society’s Gazette, 26th October 2010

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Atomic Weapons Establishment Blacknest Byelaws 2010

The Offshore Installations (Safety Zones) (No.3) Order 2010

The Structural Funds (National Assembly for Wales) (Amendment) Regulations 2010

The Revenue Support Grant (Specified Body) (England) Regulations 2010

The Care Leavers (England) Regulations 2010

The Local Loans (Procedure) (Amendment) Regulations 2010

The Bank Administration (Scotland) (Amendment) Rules 2010

The Bank Insolvency (England and Wales) (Amendment) Rules 2010

The Building Society Special Administration (England and Wales) Rules 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010

The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2010

Source: www.legislation.gov.uk

Humiliate, strip, threaten: UK military interrogation manuals discovered – The Guardian

“Methods devised in secret in recent years may breach international law.”

Full story

The Guardian, 25th October 2010

Source: www.guardian.co.uk

Regulators consult on tougher rules for law degrees – Law Society Gazette

“A joint committee of the Solicitors Regulation Authority and Bar Standards Board has released two consultations on the future of the undergraduate law degree.”

Full story

Law Society’s Gazette, 26th October 2010

Source: www.lawgazette.co.uk


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