Archive for February 3rd, 2011

Row erupts over police interpreters – Law Society’s Gazette

“Detainees at police stations in four areas of the north-west are at risk of miscarriages of justice due to the police forces’ use of inadequate interpreters, the Gazette has been told.”

Full story

Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

Gipsy Hill murder: Six jailed for shooting ‘peacemaker’ – BBC News

“Five men and a teenage boy have been jailed for life for shooting dead a ‘peacemaker’ in south London.”

Full story

BBC News, 3rd February 2011

Source: www.bbc.co.uk

Holiday Atol protection set to be expanded – BBC News

“More holidaymakers are set to be protected from losses when a travel company goes bust, the government has confirmed.”

Full story

BBC News, 3rd February 2011

Source: www.bbc.co.uk

Pub landlady’s EU case paves way for Premier League rights revolution – The Guardian

“The European Union’s highest court was today advised to rule that EU law does not prohibit pubs showing live Premier League matches from foreign broadcasters, potentially sparking a revolution in the way media sports rights are sold across the continent.”

Full story

The Guardian, 3rd February 2011

Source: www.guardian.co.uk

Paedophile jailed for abusing six-year-old girls – The Guardian

“Somerset man dubbed Al the Paedo by work colleagues receives 10-year sentence for ‘dreadful breach of trust.’ ”

Full  story

The Guardian, 3rd February 2011

Source: www.guardian.co.uk

Man faces jail after ‘axe-attack’ joke – Daily Telegraph

“A man is facing jail after he tried to scare teenagers away by chasing his ketchup-smeared fiancée down a moonlit farm track whilst wielding an axe.”

Full story

Daily Telegraph, 3rd February 2011

Source: www.telegraph.co.uk

Damages awarded for woman scalded in bath – The Independent

“A disabled woman suffered appalling burns when careworkers lowering her into a scalding bath mistook her distress for an epileptic fit, the High Court heard today.”

Full story

The Independent, 3rd February 2011

Source: www.independent.co.uk

Ceredigion farmer’s five-year ban from keeping animals – BBC News

“A farmer and pet shop owner has been banned from keeping animals for five years after he was convicted of 39 welfare offences.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Olympic property fraud gang jailed for shares scam – BBC News

“Five men have been jailed for their roles in a scam which invited dozens of elderly people to invest in property near the Olympic site in east London.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Government delays Bribery Act to write new guidance – OUT-LAW.com

“The Government has delayed the implementation of the Bribery Act. It will not now come into force in April as planned but will be put on hold while the Government rewrites guidance for businesses on how to comply with the 2010 law.”

Full story

OUT-LAW.com, 31st January 2011

Source: www.out-law.com

High Court backs OFT’s action against scratchcard promoters – OUT-Law.com

“A series of linked scratchcard promotion companies must fundamentally change the way they do business or stop operating after the High Court ruled their promotions were unlawful.”

Full story

OUT-LAW.com, 3rd February 2011

Source: www.out-law.com

Supreme Court issues guidance on courtroom twitter use – Law Society’s Gazette

“The Supreme Court has today given the ‘green light’ to allow people to ‘tweet’ from inside the courtroom. It has issued guidance on the use of live text-based communication by legal teams, journalists and members of the public of what is going on in court.”

Full story

Law Society’s Gazette. 3rd February 2011

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Llewellyn v Lorey & Anor [2011] EWCA Civ 37 (03 February 2011)

Glaves v Crown Prosecution Service [2011] EWCA Civ 69 (03 February 2011)

Bowater v Northwest London Hospitals NHS Trust [2011] EWCA Civ 63 (03 February 2011)

Uren v Corporate Leisure (UK) Ltd [2011] EWCA Civ 66 (02 February 2011)

HSBC Bank Plc v Brophy [2011] EWCA Civ 67 (02 February 2011)

Morgan v The Spirit Group Ltd [2011] EWCA Civ 68 (02 February 2011)

High Court (Administrative Court)

Forrest v Lord Chancellor & Anor [2011] EWHC 142 (Admin) (03 February 2011)

Patel v The Office of the Attorney General, Frankfurt [2011] EWHC 155 (Admin) (03 February 2011)

Kasprzak v Warsaw Regional Court, Poland [2011] EWHC 100 (Admin) (02 February 2011)

High Court (Chancery Division)

Ketteringham & Anor v Hardy [2011] EWHC 162 (Ch) (03 February 2011)

Marley v Rawlings & Anor [2011] EWHC 161 (Ch) (03 February 2011)

High Court (Queen’s Bench)

Ashia Centur Ltd v Barker Gillette LLP [2011] EWHC 148 (QB) (03 February 2011)

Trigger v Northampton Magistrates’ Court & Anor [2011] EWHC 149 (QB) (02 February 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

The Inshore Fisheries and Conservation (Miscellaneous Amendments) Order 2011

The Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011

The South Derbyshire (Electoral Changes) Order 2011

The Northampton (Electoral Changes) Order 2011

The Mansfield (Electoral Changes) Order 2011

 The Central Bedfordshire (Electoral Changes) Order 2011

The Bedford (Electoral Changes) Order 2011

The Education (School Day and School Year) (England) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

ZH (Tanzania) v Secretary of State for the Home Department – WLR Daily

“The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. Once the children’s best interests had been identified, the authorities were then required to assess whether those interests were outweighed by any other considerations such as the need to maintain a proper and efficient system of immigration control. When the children had British citizenship that was of particular importance in assessing their best interests.”

WLR Daily, 2nd February 2011

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.

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad – WLR Daily

“A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage.”
WLR Daily, 2nd February 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Orr v Milton Keynes Council – WLR Daily

“The employer’s knowledge for the purposes of section 98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions.”
WLR Daily, 2nd February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Z) v Croydon London Borough Council – WLR Daily

Regina (Z) v Croydon London Borough Council [2011] EWCA Civ 59; [2011] WLR (D) 29

“Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. If so, permission should be refused. If not, permission should normally be granted, subject to other discretionary factors, such as delay. It was axiomatic that an unaccompanied asylum seeker who claimed to be a child should be given, where an assessment of his age was being conducted by a local authority, a fair and proper opportunity, at a stage when a possible adverse decision was no more than provisional, to deal with important points adverse to his age case which weighed against him.”

WLR Daily, 2nd February 2011

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.

Law firm not liable to loan losses, says appeal court – Law Society’s Gazette

“A law firm that gave negligent advice to a bank before the bank lost £28m in loans advanced to two local authorities does not have to reimburse those losses, the Court of Appeal ruled last week.”

Full story

Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

Supreme Court widens definition of violent abuse – Law Society’s Gazette

“Solicitors have welcomed a Supreme Court ruling that domestic violence extends beyond physical contact to include other forms of violent conduct.”

Full story

Law Society’s Gazette. 3rd February 2011

Source: www.lawgazette.co.uk

Report on the implementation of Law Commission proposals – Law Commission

“The first annual report to be presented to Parliament on the extent to which Law Commission proposals have been implemented by the Government.”

Full report

Law Commission, 28th January 2011

Source: www.lawcom.gov.uk

Bar Council updates Prepare for Change guidance – The Bar Council

“Bar Council updates Prepare for Change guidance.”

Full story

The Bar Council, 2nd February 2011

Source: www.barcouncil.org.uk

Suffolk affair GP guilty of misconduct – BBC News

“A married GP from Suffolk who had affairs with two female patients has been found guilty of misconduct.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Former RAF man wins right to sue MoD over game injury – BBC News

“A Cornishman left paralysed in an It’s A Knockout-style game staged by the RAF has won the right to sue for damages.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Knifeman jailed for life over footballer’s murder – The Independent

“A knifeman who stabbed to death a promising teenage footballer as he tried to help his friends was jailed for life today with a minimum term of 19 years.”

Full story

The Independent, 2nd February 2011

Source: www.independent.co.uk

Daily Mail and Sun accused of contempt over online photos – The Guardian

“Attorney general argues pictures of murder trial defendant ‘posing with a gun’ created risk of prejudice in court case.”

Full story

The Guardian, 2nd February 2011

Source: www.guardian.co.uk

‘Hero’ GP suspended for plagiarising fellow doctor’s work – Daily Telegraph

“A leading GP who was made an MBE last month for his work with violent patients has been suspended for six months for plagiarising another doctor’s work.”

Full story

Daily Telegraph, 3rd February 2011

Source: www.telegraph.co.uk

Married TV personality granted gagging order – Daily Telegraph

“A married TV personality has been granted continued anonymity by the High Court in the latest in a long line of privacy cases.”

Full story

Daily Telegraph, 2nd February 2011

Source: www.telegraph.co.uk

Man jailed over M40 wheel grab coach crash – BBC News

“A man has been jailed for a year for causing a crash which left a coach on its side on an embankment on the M40 in Buckinghamshire.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Weston paedophile babysitter facing jail – BBC News

“A man who babysat for a family is facing a lengthy prison sentence after admitting a string of sex attacks on young children.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Opium perfume ad banned over ‘simulated drug use’ – The Guardian

“An ad for Yves Saint Laurent’s Opium perfume that featured a woman who appeared to be under the influence of drugs has been banned by the advertising watchdog.”

Full story

The Guardian, 2nd February 2011

Source: www.guardian.co.uk

Ex-Dresdner financier given longest ever jail term for insider trading – The Guardian

“Former Dresdner Kleinwort Wasserstein corporate financier Christian Littlewood has been jailed for three years and four months for his role at the centre of an eight-year insider dealing ring involving his wife and her best friend.”

Full story

The Guardian, 2nd February 2011

Source: www.guardian.co.uk

Unmarried couples who split should get new legal rights, top judge says – Daily Telegraph

“Cohabiting couples who split up should get new legal rights to share property and money, according to Britain’s most senior family judge.”

Full story

Daily Telegraph, 3rd February 2011

Source: www.telegraph.co.uk

Top Gear faces racism test case following Mexico comments – Daily Telegraph

“A Mexican woman has accused the BBC programme Top Gear of racism and instructed lawyers to bring a test case against the show after remarks made by the presenters characterised Mexicans as lazy and oafish.”

Full story

Daily Telegraph, 3rd February 2011

Source: www.telegraph.co.uk


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