“Domestic violence has the highest repeat rate of any crime. It is not limited to any particular class, creed or gender. So how should we deal with it? Following its consultation paper “Safety and Justice”, the Government has decided that the best way of tackling this growing – and largely unreported – problem is to criminalise it further.”
The Times, 10th May 2007
Source: www.timesonline.co.uk
O’Connor and others v. Wiltshire County Council [2007] EWCA Civ 426
“A public highway was not necessarily constructed “on behalf of” a person who made some contribution towards the cost of its construction and the fact that someone had contributed towards the costs of construction did not prevent the highway being maintainable “at the public expense” for the purposes of s 36(2) of the Highways Act 1980 and s 19(3) of the Land Compensation Act 1973.”
WLR Daily, 9th May 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.
R (Johnson) v. Secretary of State for the Home Department and another [2007] EWCA Civ 429
“After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.”
WLR Daily, 9th May 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.
Lamont v. Burton [2007] EWCA Civ 429
“In a road traffic accident claim the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were entitled to a 100 per cent success fee under CPR Pt 45 where the claimant had won at trial, even though he failed to exceed an earlier payment into court. There was no discretion to award a lesser increase.”
WLR Daily, 9th May 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.
“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.”
Law Society’s Gazette, 10th May 2007
Source: www.lawgazette.co.uk
“The Access to Justice Alliance (AJA) will next week step up opposition to the government’s proposed civil legal aid reforms with a week of action, including protests outside courts.”
Law Society’s Gazette, 10th May 2007
Source: www.lawgazette.co.uk
Negligence need not be wilful
Denfleet International Ltd. v. TNT Global SPA
Court of Appeal
“A finding of wilful misconduct was not supported when there was no evidence other than that a professional lorry driver had fallen asleep at the wheel.”
The Times, 11th May 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.
Borrower’s informed consent necessary
Hurstanger Ltd. v. Wilson and Another
Court of Appeal
“Before Lord Justice Waller, Lord Justice Tuckey and Lord Justice Jacob Judgment April 4, 2007 Where a lender knew that a broker acted on behalf of a borrower and agreed to pay the broker commission, the borrower had to give informed consent.”
The Times, 11th May 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.
When proceedings are institutionalised
Rockall v. Department for Environment, Road and Rural Affairs
Queen’s Bench Divisional Court
“Proceedings were instituted against an individual for felling trees without a licence when an information was laid and that determined whether or not the time limit for the institution of proceedings had been met. An information was laid in time where it could be established by inference or otherwise that it had been transmitted to a magistrates court by fax within time.”
The Times, 11th May 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.
Support for asylum seekers
Regina (AW, A and Y) v. Croydon London Borough Council and Another
Court of Appeal
“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”
The Times, 11th May 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.
“A man who was cleared of rape after a complaint that a judge fell asleep at his trial later raped two other young women, a court heard.”
Daily Telegraph, 11th May 2007
Source: www.telegraph.co.uk
“Former wives risk losing their financial settlements if their ex-husbands are made bankrupt within five years of a divorce, the High Court has ruled.”
Daily Telegraph, 11th May 2007
Source: www.telegraph.co.uk
“What did Tony Blair tell George Bush when they discussed Iraq? Robert Verkaik, Law Editor, considers how the Freedom of Information Act might provide the answer.”
The Independent, 11th May 2007
Source: www.independent.co.uk
“A civil servant and an MP’s researcher were jailed for disclosing the contents of a secret memo recording discussions between Tony Blair and George Bush about the war in Iraq.”
The Independent, 11th May 2007
Source: www.independent.co.uk
“The official cost of the controversial national identity card scheme has soared in the past six months by £840m, according to Home Office figures published yesterday. It means the total cost of the project is now £5.75bn.”
The Guardian, 11th May 2007
Source: www.guardian.co.uk
“Police watchdogs have cleared Scotland Yard officers of any disciplinary offence over the Stockwell shooting but the senior woman in charge could still face action.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
“A motorist accused of driving at 37mph in a 30mph zone has had the case against him dropped after the prosecution decided it wasn’t worth the trouble.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
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