Archive for November 19th, 2010

Maidstone hospital error leads to £4.5m pay-out – BBC News

“The husband of a woman left brain damaged by a delay in treating a tumour has said a £4.5m compensation pay-out cannot make up for what she has lost.”

Full story

BBC News, 18th November 2010

Source:

Theresa May drops plans for stop-and-search laws targeting ethnic minorities – The Guardian

“Controversial plan to bring back police ‘sus’ stop-and-search laws targeting black and Asian people axed by Theresa May.”

Full story

The Guardian, 18th November 2010

Source: www.guardian.co.uk

Polluting plant nursery in Norfolk is fined – BBC News

“A plant nursery has has been fined £10,000 after polluting five miles of a stream in Norfolk.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Girl sentenced over Wolverhampton war memorial graffiti – BBC News

“A teenage girl who vandalised a city’s cenotaph has been told her actions were ‘despicable’.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Governments should have to justify privacy-affecting laws, says ICO – OUT-LAW.com

“Governments should be forced to report on the impact of laws which affect citizens’ privacy after they have come into force, telling Parliament whether those laws have worked and what privacy rights have been infringed, the UK’s privacy watchdog has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com

“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

BAILII: Recent Decisions

Court of Appeal (Civil Division)

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 1285 (18 November 2010)

Whitney v Monster Worldwide Ltd [2010] EWCA Civ 1312 (18 November 2010)

Emerald Supplies Ltd & Anor v British Airways Plc [2010] EWCA Civ 1284 (18 November 2010)

Court of Appeal (Criminal Division)

Ali v The Crown [2010] EWCA Crim 2665 (18 November 2010)

High Court (Administrative Court)

Flattery & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWHC 2868 (Admin) (18 November 2010)

High Court (Commercial Court)

Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)

High Court (Queen’s Bench Division)

Fallon (A Child) v Wilson [2010] EWHC 2978 (QB) (18 November 2010)

Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010] EWHC 2867 (QB) (18 November 2010)

Source: www.bailii.org

Government rethinks TUPE stance – Law Society’s Gazette

“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”

Full story

Law Society’s Gazette, 18th November 2010

Source: www.lawgazette.co.uk

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 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.

C v D and another – WLR Daily

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 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.

Recent Statutory Instruments – legislation.gov.uk

The Road Safety (Financial Penalty Deposit) (Amendment) Order 2010

Source: www.legislation.gov.uk

Kenneth Clarke reaffirms commitment to rights and freedoms – Mnistry of Justice

“Justice Secretary Kenneth Clarke has reaffirmed the Government’s commitment to rights and freedoms in the UK and to the European Convention on Human Rights.”

Full press release

Ministry of Justice, 18th November 2010

Source: www.justice.gov.uk

Reforming insurance contract law – latest news – Law Commission

“We have published a summary of the responses to our Issues Paper 6 (Damages for Late Payment and the Insurer’s Duty of Good Faith).”

Full story

Law Commission, 18th November 2010

Source: www.lawcom.gov.uk

Expert Evidence in Criminal Courts – the Problem – Speech by Lord Leveson

“Expert Evidence in Criminal Courts – the Problem – Speech by Lord Justice Leveson – Forensic Science Society, 18th November 2010.”

Full speech

Judiciary of England and Wales, 18th November 2010

Source: www.judiciary.gov.uk

Stop and search powers to change – Home Office

“New proposals laid in parliament today will save an estimated 800,000 hours of police time each year.”

Full press release

Home Office, 17th November 2010

Source: www.homeoffice.gov.uk

Respond to our equality and diversity consultation – Bar Standards Board

“The Bar Standards Board has issued a consultation on the revision of its equality and diversity rules.”

Full consultation

Bar Standards Board, 18th November 2010

Source: www.barstandardsboard.org.uk

Men jailed after police op uncovers £1m in fake notes – BBC News

“Four men have been jailed after counterfeit bank notes worth more than £1m were uncovered by police.”

Full story

BBC news, 17th November 2010

Source: www.bbc.co.uk

Beshenivsky killer Mustaf Jama starts appeal – BBC News

“A man who murdered a policewoman during a bungled robbery has started an appeal against his conviction on the eve of the fifth anniversary of her death.”

Full story

BBC News, 17th November 2010

Source: www.bbc.co.uk

Man jailed for murder of girlfriend’s toddler – The Guardian

“A man was jailed for life today for the murder of his girlfriend’s toddler, whom he viciously attacked after her crying interrupted him playing on his Xbox computer game.”

Full story

The Guardian, 18th November 2010

Source: www.guardian.co.uk

Lorry driver who killed cyclist had ‘godawful hangover’ – The Guardian

“A lorry driver who crushed a cyclist while chatting on his mobile phone with ‘the most godawful hangover’ was today jailed for seven years and disqualified from driving for life.”

Full story

The Guardian, 18th November 2010

Source: www.guardian.co.uk

Poundworld fined over faulty thermometers – The Independent

“Discount retailer Poundworld has been fined £5,000 for selling dangerously faulty digital thermometers and other medical items, it was announced today.”

Full story

The Independent, 18th November 2010

Source: www.independent.co.uk

Bar owner cleared of GBH faces £9,000 legal bill after court refuses to pay for his top QC – Daily Telegraph

“An innocent businessman faces a £9,000 legal bill after judges ruled that the taxpayer should not have to pay for the leading criminal barrister who defended him.”

Full story

Daily Telegraph, 18th November 2010

Source: www.telegraph.co.uk

Fingerprint identification evidence questioned by senior judge – Daily Telegraph

“A senior judge has raised concerns over fingerprint evidence used in criminal trials, warning that it rests on ‘assumptions’ that have never been scientifically proven.”

Full story

Daily Telegraph, 19th November 2010

Source: www.telegraph.co.uk


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