Archive for February 24th, 2011

Legal aid cuts will cost more in long run, say judges – The Guardian

“Courts could grind to a standstill as hundreds of thousands of people represent themselves in legal cases, senior judges have warned.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Austin & Anor, R v [2011] EWCA Crim 345 (24 February 2011)

Court of Appeal (Civil Division)

Seeff & Anor v Dinh Nam Ho & Anor [2011] EWCA Civ 186 (24 February 2011)

Sita UK Ltd. v Greater Manchester Waste Disposal Authority [2011] EWCA Civ 156 (24 February 2011)

British Airways Plc v Mak & Ors [2011] EWCA Civ 184 (24 February 2011)

High Court (Queen’s Bench Division)

Phethean- Hubble v Coles [2011] EWHC 363 (QB) (24 February 2011)

High Court (Administrative Court)

Choy v Secretary of State for the Home Department [2011] EWHC 365 (Admin) (24 February 2011)

Popa v Regional Court In Plzen Mestro, Czech Republic [2011] EWHC 329 (Admin) (24 February 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

The Poultrymeat (England) Regulations 2011

The Wireless Telegraphy (Limitation of Number of Grants of Crown Recognised Spectrum Access) Order 2011

The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) (Amendment) Regulations 2011

The Wireless Telegraphy (Register) (Amendment) Regulations 2011

The Wireless Telegraphy (Crown Recognised Spectrum Access) (Amendment) Regulations 2011

The Bovine Semen (England) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

Julian Assange extradition decision: full judgment – The Guardian

“Read the judgment ordering the Wikileaks founder to be extradited to Sweden to face allegations of rape and sexual assault.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Campaigners launch legal challenge to library closures – The Guardian

“Libraries are set to be a legal testing-ground for David Cameron’s vision of the ‘big society’, with lawyers arguing that the prime minister’s ‘vague notions’ are not enough to fulfil councils’ legal obligations to their library services.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Man admits ‘horrific’ attack on cat – The Independent

“A man killed a cat when he picked it up by a hind leg and swung it head-first into a wall at least four times, a court has heard.”

Full story

The Independent, 24th February 2011

Source: www.independent.co.uk

Julian Assange should face extradition, judge rules – Daily Telegraph

“WikiLeaks founder Julian Assange should be extradited to Sweden to face sex offence charges, a judge ruled today.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

Millionaire found guilty of murdering wife – The Independent

“A retired American millionaire who stabbed his wife to death as he battled to stop her benefiting from their impending divorce was convicted of murder today.”

Full story

The Independent, 24th February 2011

Source: www.independent.co.uk

Making the would-be barristers of tomorrow face harsh realities of today – The Guardian

“A conference on the future of legal education debates curbing the ambitions of law schools as only one in eight graduates becomes a lawyer.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

High Court (Chancery Division)

Kingspan Group Plc & Anor v Rockwool Ltd [2011] EWHC 250 (Ch) (21 February 2011)

High Court (Administrative Court)

Slavik, R (on the application of) v District Court of Nitra, Slovak Republic [2011] EWHC 265 (Admin) (03 February 2011)

Simpson v Secretary of State for Communities and Local Government & Anor [2011] EWHC 283 (Admin) (18 February 2011)

Source: www.bailii.org

Human rights court reforms called into question by London’s litigators – Legal Week

“City litigators have questioned Justice Secretary Ken Clarke’s calls to reform the European Court of Human Rights (ECHR) in the wake of its ruling that serving prisoners should be given the right to vote.”

Full story

Legal Week, 22nd February 2011

Source: www.legalweek.com

Recent Statutory Instruments – legislation.gov.uk

The Stamp Duty Land Tax (Administration) (Amendment) Regulations 2011

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2011

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2011

The Valuation Tribunal for England, Non-Domestic Rating and Council Tax (England) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Supreme Court

London Borough of Hounslow v Powell [2011] UKSC 8 (23 February 2011)

Forsyth, R v [2011] UKSC 9 (23 February 2011)

Court of Appeal (Civil Division)

Daley- Murdock, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 161 (23 February 2011)

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162 (23 February 2011)

Berezovsky v Abramovich [2011] EWCA Civ 153 (23 February 2011)

007 Stratford Taxis Ltd., R (on the application of) v Stratford On Avon District Council [2011] EWCA Civ 160 (23 February 2011)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd & Anor [2011] EWCA Civ 163 (23 February 2011)

Mirza & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 159 (23 February 2011)

High Court (Chancery Division)

CMCS Common Market Commercial Services AVV v Taylor [2011] EWHC 324 (Ch) (23 February 2011)

Irwin v Wilson & Ors [2011] EWHC 326 (Ch) (23 February 2011)

High Court (Queen’s Bench Division)

Mugweni v NHS London [2011] EWHC 334 (QB) (23 February 2011)

High Court (Administrative Court)

Western Power Distribution Investments Ltd. v Cardiff County Council [2011] EWHC 300 (Admin) (23 February 2011)

SM, R (on the application of) v FM [2011] EWHC 338 (Admin) (23 February 2011)

High Court (Commercial Court)

Melinda Holdings SA v Hellenic Mutual War Risks Association (Bermuda) Ltd [2011] EWHC 181 (Comm) (18 February 2011)

High Court (Technology and Construction Court)

Lansdowne House (St George’s Hill) Ltd v Liberty Syndicate Management Ltd & Anor [2011] EWHC 332 (TCC) (23 February 2011)

Source: www.bailii.org

Proposals for the Reform of Legal Aid in England and Wales – Judiciary of England and Wales

“The judiciary’s co-ordinated response to the Government’s legal aid consultation paper is published today. It was drawn up by a sub-committee of the Judges’ Council (the body which represents all levels of the judiciary, and is chaired by the Lord Chief Justice).”

Full story

Judiciary of England and Wales, 24th February 2011

Source: www.judiciary.gov.uk

Baxter v Mannion – WLR Daily

Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54

“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) – WLR Daily

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) (Case T-222/09); [2011] WLR (D) 53

“In opposition proceedings against registration of a trade mark pursuant to article 42 of Council Regulation (EC) No 40/94, the opposing party was not obliged to adduce evidence in support of the opposition. Whilst in relation to proceedings relating to relative grounds for refusal the Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) could take into account facts which were likely to be known by anyone or which might be learned from generally accessible sources, it was not, however, entitled to exceed the conditions governing examination set out in article 74 of Regulation 40/94.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Forsyth; Regina v Mabey – WLR Daily

Regina v Forsyth; Regina v Mabey [2011] UKSC 9; [2011] WLR (D) 52

“The power under section 1(1) of the United Nations Act 1946 to create a criminal offence by Order in Council so as to enforce a United Nations Security Council Resolution was not restricted to use at or about the same time as when the Resolution had been passed.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judge criticises CPS for prosecuting man for pictures available in bookshops – Daily Telegraph

“A top judge has queried why a man was prosecuted for possessing ‘indecent’ images of children – when the photos were available for sale in a string of respectable mainstream bookshops.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

Justice system delays endemic, research shows – Law Society’s Gazette

“Law Society research submitted to the government last week has identified a ‘lack of communication’ pervading the justice system that is causing delays throughout the process.”

Full story

Law Society’s Gazette, 24th February 2011

Source: www.lawgazette.co.uk

MPs’ expenses: David Chaytor to challenge sentence – BBC News

“Former Labour MP David Chaytor has launched a bid to challenge his jail sentence for fiddling his expenses.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Bar leaders warn of impact of tuition hikes on diversity – Legal Week

“Leading figures at the Bar including former Lord Chancellor Lord Falconer, Bar council chairman Nicholas Green QC and chair of the Bar Standards Board Baroness Ruth Deech have called for the Bar to take action to improve diversity in anticipation of hikes in university tuition fees.”

Full story

Legal Week, 24th February 2011

Source: www.legalweek.com

George Davis in court 40 years after robbery that sent him to jail – The Guardian

“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

How a lawyer can change their specialist practice area – Law Society’s Gazette

“It is a common observation among middle-aged lawyers that the increasing need to specialise very early in a legal career has changed the face of the profession. Time spent in a more general or rounded practice has been much reduced, leading to a situation where lawyers are making key decisions about their future specialism much earlier.”

Full story

Law Society’s Gazette, 24th February 2011

Source: www.lawgazette.co.uk

Plymouth hospital threatened with safety prosecution – BBC News

“The Plymouth NHS Hospitals Trust must improve safety – including preventing swabs being left in patients – or risk prosecution, a watchdog has said.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Crisis of identity: why English law needs to protect our personalities – The Guardian

“Portrayals of real people in docudramas and novels have made millions for authors and film-makers. But what of their subjects?”

Full story

The Guardian, 23rd February 2011

Source: www.guardian.co.uk

Rival guilty of paedophile slur against MP Mike Hancock – BBC News

“A rival who falsely claimed a Liberal Democrat MP was a paedophile has been convicted of attempting to affect a result in the general election.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

NHS chiefs back calls to reform assisted suicide law – Daily Telegraph

“One of England’s largest health authorities has said it is not opposed to assisted suicide and called for a change in the law to give patients more ‘choice’ over how they die.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

Tuition fees: Teenagers seek human rights judicial review – The Guardian

“Two teenagers are seeking a judicial review into the government’s decision to allow university tuition fees to almost treble to up to £9,000 from next year.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk


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