Month: April 2007

Hickling v. Baker – WLR Daily

Posted April 12th, 2007 in committals, insolvency, law reports by sally

Hickling v. Baker [2007] EWCA Civ 287

“An application for a committal order under s 364 of the Insolvency Act 1986 where an undischarged bankrupt failed to co-operate with the trustee in bankruptcy should normally be made on notice, unless a statutory provision provided otherwise. Any other exception to that practice had to be justified by evidence. Further, any committal order made without notice should require that, once arrested, the person in question should be brought promptly before the court for a hearing in order to comply with art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th April 2007

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.

Trading Standards officers become copyright enforcers – OUT-LAW.com

Posted April 12th, 2007 in copyright, news, trading standards by sally

“Trading Standards officers are now empowered to enter premises and seize goods and documents they believe to be involved in copyright infringement, now that changes to the Copyright, Designs and Patents Act have come into force.” 

Full story

OUT-LAW.com, 11th April 2007

Source: www.out-law.com

K v. X School and Another – Times Law Reports

Posted April 11th, 2007 in disability discrimination, education, law reports by sally

Limit to school’s special needs duty

K v. X School and Another 

“A school was not discriminating against an incontinent paraplegic pupil in the provision of education or associated services when it refused to clean and change him following a bowel accident.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

In re E (a Child): Special guardianship order – Times Law Reports

Posted April 11th, 2007 in change of name, grandparents, guardianship, law reports by sally

Child’s emotional identity needs supersede grandparents’ wishes

In re E (a Child): Special guardianship order

Court of Appeal 

“The power to order a child, subject to a special guardianship order, to be known by a new surname should not be exercised by the court if it would interfere with the child’s emotional identity needs.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (AM (Cameroon)) v. Asylum and Immigration Tribunal – Times Law Reports

Posted April 11th, 2007 in immigration, judicial review, law reports by sally

Judicial review available as well as statutory review

Regina (AM (Cameroon)) v. Asylum and Immigration Tribunal 

Court of Appeal

“In exceptional circumstances, judicial review was available to challenge an immigration judge’s decision even though a final statutory review procedure existed.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

One third of people will resist ID checks, Government predicted – OUT-LAW.com

Posted April 11th, 2007 in identity cards, news by sally

“One in three people will resist identity checks according to Government figures. The just-released statistics predict a widespread revolt over identity cards, but the Home Office has dismissed the figures as irrelevant and out of date.”

Full story

OUT-LAW.com, 11th April 2007

Source: www.out-law.com

Ministers rule out emulating America’s hardline ‘Megan’s Law’ – The Independent

Posted April 11th, 2007 in child abuse, news by sally

“The introduction of a British version of ‘Megan’s Law’, giving communities the automatic right to know about paedophiles living locally, has been ruled out by the Government. Parents will only have the right to information about convicted sex offenders in their neighbourhoods in specific circumstances, such as when a single mother has suspicions about a new partner.”

Full story

The Independent, 11th April 2007

Source: www.independent.co.uk

Hindus may win right to open-air creamations – The Times

Posted April 10th, 2007 in burials and cremation, news by sally

“The open-air burning of human corpses may be permitted across Britain after a religious charity won a significant victory in its campaign to legalise traditional Hindu funerals. ”

Full story

The Times, 10th April 2007

Source: www.timesonline.co.uk

Woman loses fight to have ex-boyfriend’s baby – The Times

Posted April 10th, 2007 in embryology, human rights, news by sally

“A woman who was left infertile after cancer therapy has lost her five year fight to be allowed to have fertility treatment using frozen embryos from her ex-boyfriend after he objected.”

Full story

The Times, 10th April 2007

Source: www.timesonline.co.uk

Is being a lawyer more stressful than it used to be? – The Times

Posted April 10th, 2007 in legal profession by sally

“Much has been said about the importance of a ‘work-life balance’, but how far has the profession come in actually achieving it? Last month, The Times reported on the establishment of a helpline for stressed judges, who are finding themselves increasingly isolated and struggling to cope. The arduous working hours of associates at leading City firms has been exhaustively reported. But what of senior lawyers, the partners and silks – are they finding working in the law more stressful?”

Full story

The Times, 10th April 2007

Source: www.timesonline.co.uk

Barristers may be graded on quality – The Times

Posted April 10th, 2007 in advocacy, barristers, news by sally

“Incompetent barristers whose courtroom advocacy falls below par will be referred by judges and colleagues to a ‘remedial’ panel to bring them up to scratch, under measures proposed today. The Bar Council is also proposing a grading scheme to grade barristers who do legal aid work according to proficiency and experience.”

Full story

The Times, 10th April 2007

Source: www.timesonline.co.uk

Maintaining excellence in advocacy – Bar Council consults on quality assurance – The Bar Council

Posted April 10th, 2007 in advocacy, barristers, consultations by sally

“A package of measures, designed to assure the quality of courtroom advocacy, has been put out for consultation by the Bar Council, which represents 14,000 barristers in England and Wales.”

Full story 

The Bar Council, 10th April 2007

Source: www.barcouncil.org.uk

Regina (Malik) v. Waltham Forest Primary Care Trust and Another – Times Law Reports

Posted April 10th, 2007 in human rights, law reports by sally

Right to work is not a possession 

Regina (Mailk) v. Waltham Forest Primary Care Trust and Another

Court of Appeal

“The ability to earn a living was not a right of possession such as was capable of protection under the European Convention on Human Rights.”

The Times, 10th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Johnson v. Medical Defence Union Ltd. (No. 2) – Times Law Reports

Posted April 10th, 2007 in data protection, law reports by sally

Selection of information is not creating protected data

Johnson v. Medical Defence Union Ltd. (No. 2)

Court of Appeal

“The selection of information from various manual and electronic files and its compilation on a computer did not constitute the creation of data capable of being processed under the Data Protection Act 1998.”

The Times, 10th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

New super-ministry could doom DTI – Financial Times

Posted April 10th, 2007 in government departments, news by sally

“Gordon Brown is ‘seriously considering’ creating a super-ministry covering energy and the environment, which would pave the way for the potential break-up of the Department of Trade and Industry, according to Whitehall insiders.”

Full story

Financial Times, 10th April 2007

Source: www.ft.com

Parking bailiffs may win right to enter homes – Daily Telegraph

Posted April 10th, 2007 in bailiffs, news, parking by sally

“More than a million motorists a year face having bailiffs force their way into their homes to collect unpaid parking fines under legislation before MPs.”

Full story

Daily Telegraph, 10th April 2007

Source: www.telegraph.co.uk

Woman awaits ruling on use of frozen embryos – The Guardian

Posted April 10th, 2007 in embryology, human rights, news by sally

“A woman left infertile after cancer treatment will find out today if her ‘last chance’ to use her frozen embryos has been successful.”

Full story

The Guardian, 10th April 2007

Source: www.guardian.co.uk

Governors call for fewer jailings, not more jails – The Guardian

Posted April 10th, 2007 in news, prisons by sally

“Prison governors have delivered an urgent warning to ministers that building new jails will not solve the criminal justice crisis and that too many minor offenders with mental health and alcohol problems are being locked up.”

Full story

The Guardian, 10th April 2007

Source: www.guardian.co.uk

Long arm of US officials could put Britons in prison – The Times

Posted April 10th, 2007 in extradition, news by sally

“British businessmen could find themselves in American jails after a crackdown by the US Department of Justice on trade with ‘rogue states’, leading lawyers say.”

Full story

The Times, 10th April 2007

Source: www.timesonline.co.uk

Miners’ lawyer made £45,000 a day – The Times

Posted April 10th, 2007 in news, solicitors by sally

“A solicitor whose firm specialises in compensation claims for sick miners made a personal profit of £16.8 million in one year.”

Full story

The Times, 10th April 2007

Source: www.timesonline.co.uk