“John Reid, the outgoing home secretary, yesterday called for controversial human rights laws to be watered down because he fears they are allowing terrorists to run free.”
The Sunday Times, 13th May 2007
Source: www.timesonline.co.uk
“One of the two robbers convicted of murdering Linklaters lawyer Tom ap Rhys Pryce had his minimum custodial term increased by the Court of Appeal today.”
The Times, 14th May 2007
Source: www.timesonline.co.uk
“The Government has proposed a change to the damages available under the Copyright, Designs and Patents Act, ruling out the possibility of the award of punitive damages in civil cases of copyright infringement.”
OUT-LAW.com, 14th May 2007
Source: www.out-law.com
R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) (Case C-252/05)
“The fact that the escape of waste water from a sewage system was accidental did not prevent the waste water from having been “discarded” and hence from being “waste” within Directive 75/442.”
WLR Daily, 10th 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.
Secretary of State for Trade and Industry v. Eastaway (No. 2)
“A company director against whom disqualification proceedings were pending was not entitled to have an undertaking made under the Carecraft procedure (see In re Carecraft Construction Co Ltd [1994] 1 WLR 172) set aside and the disqualification proceedings dismissed on the ground that the Strasbourg court had concluded that his civil rights and obligations had not been determined within a reasonable time pursuant to art 6 of the Convention.”
WLR Daily, 10th May 2007
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Family home is at risk from trustee after court transfer
Chancery Division
“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”
The Times, 14th May 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Counter-restitution not required
Halpern and Another v. Halpern and Others (No. 2)
Court of Appeal
“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”
The Times, 14th 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.
“Britain is becoming a nation of “law junkies”, with thousands heading to see lawyers each week, according to a survey.”
The Times, 14th May 2007
Source: www.timesonline.co.uk
“Cherie Blair could become a successful judge but only if she abandons her plans to become a fixture on the lucrative lecture circuit, she was advised yesterday.”
Daily Telegraph, 14th May 2007
Source: www.telegraph.co.uk
“The new justice secretary, Lord Falconer, is under pressure to find a solution to the prison overcrowding crisis without threatening judicial independence by leaning on judges to pass lighter sentences.”
The Guardian, 14th May 2007
Source: www.guardian.co.uk
“Junior doctors will this week take the health secretary, Patricia Hewitt, to court in a final attempt to stop a job selection process she admits “has simply not worked”. Remedy UK, an organisation representing 10,000 young doctors, is seeking a judicial review that would mean all training posts granted under the discredited system would only last for a year, allowing for a fairer system to be introduced in six months.”
The Guardian, 14th May 2007
Source: www.guardian.co.uk
“Prisoners are being held in court cells that cost more per night than a suite at the Ritz it emerged as ministers were accused of an ‘absurd waste of money’.”
The Independent, 14th May 2007
Source: www.independent.co.uk
“Anti-Fraud experts are calling on the Government to start regulating virtual online communities amid fears that criminals and terrorists could use them to launder money.”
Daily Telegraph, 14th May 2007
Source: www.telegraph.co.uk
“One of Britain’s most senior police officers has demanded a change to the law on dangerous dogs so that children are better protected.”
The Observer, 13th May 2007
Source: www.guardian.co.uk
“The head of criminal justice for the judiciary in England and Wales has called for witnesses to be filmed when they testify in court.”
BBC News, 12th May 2007
Source: www.bbc.co.uk
“A gambler who touted one of his kidneys over the internet to pay off his debts has today walked free from court.”
Daily Telegraph, 12th May 2007
Source: www.telegraph.co.uk
“Britain’s large Victorian prisons could be sold off and replaced with dozens of small specialist units under plans being drawn up by the Government.”
Daily Telegraph, 12th May 2007
Source: www.telegraph.co.uk
“Eleven police officers involved in the shooting of Jean Charles de Menezes, the Brazilian electrician shot after being mistaken for a terrorist, will not face any disciplinary action.”
The Independent, 12th May 2007
Source: www.independent.co.uk
“A billionaire trader who is one of the world’s most prolific gamblers has won a £60m High Court battle with the Iranian military over a missing aeroplane.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
“The word ‘accident’ is to be banned from the new edition of the Highway Code in an attempt to persuade drivers and police that someone is almost always to blame for a death or injury on the roads.”
The Times, 12th May 2007
Source: www.timesonline.co.uk
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