Archive for April 7th, 2011

European courts face workload ‘crisis’, claims House of Lords – Law Society’s Gazette

“The European Union’s two highest courts are facing a ‘crisis’ in managing their existing and ever increasing workloads, according to House of Lords report published yesterday.”

Full story

Law Society’s Gazette, 7th April 2011

Source: www.lawgazette.co.uk

Volume disputes set for huge upheaval as MoJ backs Jackson on civil litigation reform – Legal Week

“Success fees look set to be ushered in for complex commercial cases, ironically just as the Government unveiled reforms expected to severely restrict their widespread use in volume personal injury claims.”

Full story

Legal Week, 7th April 2011

Source: www.legalweek.com

Government ‘not liable for torture’ – The Independent

“The Government cannot be held legally liable for British colonial atrocities committed during the Mau Mau Uprising, the High Court heard today.”

Full story

The Independent, 7th April 2011

Source: www.independent.co.uk

New rules for solicitors focus on ends, not means – The Guardian

“Changes in regulation to emphasise outcomes that solicitors need to deliver for clients, rather than how they achieve them.”

Full story

The Guardian, 7th April 2011

Source: www.guardian.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2011] UKSC15; [2011] WLR (D) 125

“It was contrary to public policy that a person who had obtained planning permission for the building of a barn, but who had throughout intended to and did build a dwelling house disguised as a barn, and who had by deception concealed his breach of planning permission for four years from the planning authorities, should be able to invoke the immunity from enforcement action which was available under section 171B of the Town and Country Planning Act 1990.”

WLR Daily, 6th April 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.

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna (Case C-546/09); [2011] WLR (D) 123

“Interest on arrears in relation to customs duties still to be recovered could only be charged pursuant to article 232(1)(b) of Regulation 2913/92, as amended, in respect of the period falling after the deadline by which those duties were to be paid.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Recent Statutory Instruments – legislation.gov.uk

The Democratic People’s Republic of Korea (Asset-Freezing) Regulations 2011

The Immigration and Nationality (Fees) Regulations 2011

The Family Procedure (Modification of Enactments) Order 2011

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011

The Treaty of Lisbon (Changes in Terminology) Order 2011

The Road Vehicles (Powers to Stop) Regulations 2011

Source: www.legislation.gov.uk

Separation mediation plan ‘rushed and flawed’ – The Guardian

“Last week the government’s independent Justice Review Panel published its interim report on the family justice system in England and Wales.”

Full story

The Guardian, 7th April 2011

Source: www.guardian.co.uk

Who’s the master now? – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Who’s the master now? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Second Lord Alexander of Weedon Lecture, 6th April 2011

Source: www.judiciary.gov.uk

Bar Council Holds Inaugural ‘Bar Debate’: “Bang ‘Em Up Britain”: Are We Taking A Rational Approach To Sentencing Policy? – The Bar Council

“The iconic Court One of the Old Bailey will this evening play host to the inaugural ‘Bar Debate’, arranged by the Bar Council, which represents barristers in England and Wales.”

Full story

The Bar Council, 7th April 2011

Source: www.barcouncil.org.uk

Solicitors Regulation Authority unveils handbook – Law Society’s Gazette

“The Solicitors Regulation Authority published the final version of its new solicitors handbook this week, as it revealed it had received ‘quite a number’ of enquiries from potential new market entrants about becoming alternative business structures.”

Full story

Law Society’s Gazette, 7th April 2011

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Supreme Court

Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council [2011] UKSC 15 (6 April 2011)

Farstad Supply AS v Enviroco Ltd [2011] UKSC 16 (6 April 2011)

Court of Appeal (Civil Division)

MP (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 362 (06 April 2011)

Dalling v R J Heale & Co Ltd [2011] EWCA Civ 365 (05 April 2011)

High Court (Administrative Court)

Young, R (on the application of) v Governor of Her Majesty’s Prison Highdown & Anor [2011] EWHC 867 (Admin) (06 April 2011)

High Court (Commercial Court)

West Tankers Inc v Allianz Spa & Anor [2011] EWHC 829 (Comm) (06 April 2011)

Source: www.bailii.org

Sentencing plans ‘would not reflect severity of crimes’ – BBC News

“Planned reforms to sentencing policy could lead to criminals spending too little time behind bars, according to several top judges.”

Full story

BBC News, 7th April 2011

Source: www.bbc.co.uk

Heroic police and firefighters protected from health and safety laws, says CPS – Daily Telegraph

“Police officers and firefighters will not be prosecuted for breaking health and safety laws by putting their lives on the line, the Crown Prosecution Service said yesterday.”

Full story

Daily Telegraph, 7th April 2011

Source: www.telegraph.co.uk

Male solicitor suffered sex discrimination – The Guardian

“Employers must act ‘proportionately’ when they provide women who are pregnant or on maternity leave with special treatment at work, an employment appeals tribunal has ruled.”

Full story

The Guardian, 6th April 2011

Source: www.guardian.co.uk

#WithoutPrejudice Podcast 3: Libel – Hyperinjunctions – Lautsi v Italy – Expert immunity – Interns – Silk? – Charon QC

“Welcome to the third episode of Without Prejudice: Tonight, I am afraid, I can’t tell you about our guest… in fact, the superinjunction is so harsh, I can neither confirm nor deny the existence of a guest… but…. I can tell you that David Allen Green and Carl Gardner are at the table…. waiting to discuss libel, privacy, hyperinjunctions, Rough Justice – Miscarriages of Justice, The Lautsi v Italy crucifix case, and we may even have time to discuss expert immunity from suit…and interns.”

Podcast

Charon QC, 6th April 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.


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