Archive for April 4th, 2011

Recent Statutory Instruments – legislation.gov.uk

The Guardian’s Allowance Up-rating Regulations 2011

The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2011

The Community Infrastructure Levy (Amendment) Regulations 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Austin & Ors v Miller Argent (South Wales) [2011] EWCA Civ 363 (04 April 2011)

High Court (Queen’s Bench Division)

Eagle v Redlime Ltd [2011] EWHC 838 (QB) (04 April 2011)

Proteus Property Partners Ltd v South African Property Opportunities Plc [2011] EWHC 768 (QB) (30 March 2011)

London Borough of Southwark v Connor & Ors [2011] EWHC 685 (QB) (23 March 2011)

Leeds City Council v Price & Ors [2011] EWHC 849 (QB) (04 April 2011)

High Court (Family Division)

A Local Authority v. C [2011] EWHC 231 (Fam) (11 February 2011)

Source: www.bailii.org

Man cleared over Northampton court jury summons error – BBC News

“A man given a criminal record and a £500 fine for failing to respond to a jury summons sent to the wrong address has been cleared by an appeal judge.”

Full story

BBC News, 4th April 2011

Source: www.bbc.co.uk

New gagging orders stretch right into the heart of parliament – The Guardian

“The revelation by the Liberal Democrat MP John Hemming of a new breed of ‘hyperinjunction’, which forbids the recipient talking about it to MPs, is one of the most disturbing developments in the contest between legitimate privacy and the need for open justice.”

Full story

The Guardian, 3rd April 2011

Source: www.guardian.co.uk

John Sweeney guilty of canal murders – The Guardian

“A Liverpool-born carpenter has been found guilty of murdering two former girlfriends and dumping their dismembered remains in canals in Rotterdam and London.”

Full story

The Guardian, 4th April 2011

Source: www.guardian.co.uk

Frankie Boyle’s Katie Price jokes censured – BBC News

“Media regulator Ofcom has censured comedian Frankie Boyle and Channel 4 for broadcasting ‘offensive’ jokes about Katie Price and her son Harvey.”

Full story

BBC News, 4th April 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Rakib, R v [2011] EWCA Crim 870 (01 April 2011)

Adam & Anor, R v [2011] EWCA Crim 865 (01 April 2011)

Court of Appeal (Civil Division)

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359 (31 March 2011)

Haresign v Clydesdale Bank Plc (t/a Yorkshire Bank) [2011] EWCA Civ 344 (01 April 2011)

Eliassen & Anor v Eliassen & Ors [2011] EWCA Civ 361 (01 April 2011)

Chater, R (on the application of) v Parole Board & Anor [2011] EWCA Civ 360 (01 April 2011)

High Court (Queen’s Bench Division)

Hindawi, R (on the application of) v Secretary of State for Justice [2011] EWHC 830 (QB) (01 April 2011)

Bailey & Anor v Kordowski [2011] EWHC 785 (QB) (01 April 2011)

White v Southampton University Hospitals NHS Trust & Anor [2011] EWHC 825 (QB) (01 April 2011)

High Court (Chancery Division)

Assetco Plc v Shannon [2011] EWHC 816 (Ch) (21 March 2011)

High Court (Family Division)

D (The Father), Re [2010] EWHC 3342 (Fam) (21 December 2010)

High Court (Administrative Court)

Sobers, R (on the application of) v Secretary of State for Justice [2011] EWHC 817 (Admin) (01 April 2011)

Bhatt v General Medical Council [2011] EWHC 783 (Admin) (01 April 2011)

Guney, R (on the application of) v Central Criminal Court & Anor [2011] EWHC 767 (Admin) (01 April 2011)

Karwal v General Medical Council [2011] EWHC 826 (Admin) (01 April 2011)

Mansoor, R (on the application of) v Secretary of state for the home department [2011] EWHC 832 (Admin) (23 March 2011)

High Court (Commercial Court)

Pioneer Freight Futures Company Ltd v TMT Asia Ltd [2011] EWHC 778 (Comm) (01 April 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

The Waste (England and Wales) Regulations 2011

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (Revocation) Regulations 2011

The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011

The Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2011

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2011

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 14) Order 2011

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2011

The Social Security (Contributions) (Amendment No. 4) Regulations 2011

The Child Trust Funds (Amendment No. 2) Regulations 2011

The Grants to the Churches Conservation Trust Order 2011

Source: www.legislation.gov.uk

Owens v Dudley Metropolitan Borough Council – WLR Daily

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Ilott v Mitson and others – WLR Daily

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 2011

Source: www.iclr.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.

European Commission v Italian Republic – WLR Daily

European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118

“Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

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

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.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.

Richardson v Chief Constable of West Midlands Police – WLR Daily

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th March 2011

Source: www.iclr.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.

LSB assumes an oversight role in the regulation of immigration advice and services –

“The Legal Services Board (LSB) has today (1 April) assumed a new responsibility under the Legal Services Act 2007. Commencement of Schedule 18 of the Act sees the LSB take on regulatory oversight for immigration advice and services provided by lawyers authorised by Approved Regulators.”

Full story

Legal Services Board, 1st April 2011

Source: www.legalservicesboard.org.uk

‘Sarah’s Law’ scheme covers all England and Wales – BBC News

“A scheme allowing parents to check if someone in contact with their child is a sex offender now extends to all 43 police forces in England and Wales.”

Full story

BBC News, 4th April 2011

Source: www.bbc.co.uk

Solicitors from Hell ‘abusing court process’, judge finds – Law Society’s Gazette

“The owner of Solicitors from Hell, the website that blacklists law firms and solicitors, has been accused by a High Court judge of abusing the process of the court.”

Full story

Law Society’s Gazette, 1st April 2011

Source: www.lawgazette.co.uk

CPS opens Advocate Panels application scheme – Crown Prosecution Service

“The Crown Prosecution Service (CPS) is today launching a new scheme for the delivery of prosecution services in court. All advocates undertaking prosecution work in the Crown Court (and Higher Courts) from October must be members of new, quality-controlled CPS Advocate Panels.”

Full story

Crown Prosecution Service, 31st March 2011

Source: www.cps.gov.uk

New paternity leave rules affecting men come into force – BBC News

“New paternity leave rules have come into effect meaning that parents will be legally entitled to share time off work during their baby’s first year.”

Full story

BBC News, 3rd April 2011

Source: www.bbc.co.uk

Ruling on expert witnesses worries child-abuse lawyers – The Independent

“Vital expert witnesses may be too afraid to testify because of the ‘chilling effect’ of a Supreme Court ruling that leaves them open to being sued, lawyers warned yesterday.”

Full story

The Independent, 3rd April 2011

Source: www.independent.co.uk

UK’s first chain of ‘high street lawyers’ is set to revolutionise legal services – The Guardian

“Shoppers on the high streets of England and Wales may have spotted the tentative signs of a revolution in legal services: the emergence of the first national chain of law firms.”

Full story

The Guardian, 3rd April 2011

Source: www.guardian.co.uk

Plymouth navy ‘objector’ medic before court martial – BBC News

“A Royal Navy medic from Plymouth has appeared before a court martial on a charge of wilful disobedience for refusing to deploy to Afghanistan.”

Full story

BBC News, 1st April 2011

Source: www.bbc.co.uk

Ministers ignoring Child Poverty Act, warn family campaigners – The Guardian

“Child poverty campaigners have written to the government warning ministers that they have broken a legal commitment to implement the Child Poverty Act fully.”

Full story

The Guardian, 4th April 2011

Source: www.guardian.co.uk

‘Devil dogs’ cost police millions – The Independent

“Cash-strapped police forces are spending millions of pounds a year caring for dangerous dogs seized because they pose a threat to the public, while waiting – sometimes for years – for the courts to decide whether the animals should be destroyed.”

Full story

The Independent, 3rd April 2011

Source: www.independent.co.uk

‘Neighbourhood’ planning powers to be trialled – BBC News

“People living in parts of England will be able to decide where new houses, shops and businesses should go in their neighbourhood, under a localism trial.”

Full story

BBC News, 2nd April 2011

Source: www.bbc.co.uk

Shapps: ‘Landlords can legally use force on squatters’ – The Independent

“Homeowners who are victims of squatters can use violence to break in and forcibly remove them, ministers have claimed. Squatters who retaliate or defend themselves will face tough criminal sanctions under measures planned by the Government.”

Full story

The Independent, 3rd April 2011

Source: www.independent.co.uk

Teenager uses Human Rights Act to sue health authority over vital growth drugs – The Guardian

“A 15-year-old boy who suffers from a rare medical condition that means he cannot eat protein is to make legal history by becoming the first child to sue his local health authority under the Human Rights Act.”

Full story

The Guardian, 2nd April 2011

Source: www.guardian.co.uk


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