Month: May 2007

Rockall v Department for Environment, Rood and Rural Affairs – Times Law Reports

Posted May 11th, 2007 in informations, law reports, time limits by sally

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.

Regina (AW, A and Y) v Croydon London Borough Council and Another – Times Law Reports

Posted May 11th, 2007 in asylum, human rights, law reports by sally

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.

Jail at last for rapist cleared by sleeping judge – Daily Telegraph

Posted May 11th, 2007 in judges, news, rape by sally

“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.”

Full story

Daily Telegraph, 11th May 2007

Source: www.telegraph.co.uk

Ex-wives face loss of settlements in bankruptcy – Daily Telegraph

Posted May 11th, 2007 in bankruptcy, divorce, news by sally

“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.”

Full story

Daily Telegraph, 11th May 2007

Source: www.telegraph.co.uk

Freedom of information: Government could be forced to publish secrets of Iraq memo – The Independent

Posted May 11th, 2007 in freedom of information, Iraq, official secrets act by sally

“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.”

Full story

The Independent, 11th May 2007

Source: www.independent.co.uk

Men who tried to leak Bush memo jailed – The Independent

Posted May 11th, 2007 in Iraq, news, official secrets act by sally

“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.”

Full story

The Independent, 11th May 2007

Source: www.independent.co.uk

Cost of national ID card scheme soars by £840m in six months – The Guardian

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

“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.”

Full story

The Guardian, 11th May 2007

Source: www.guardian.co.uk

Police officers in the clear over Tube shooting – The Times

Posted May 11th, 2007 in news, police by sally

“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.”

Full story 

The Times, 11th May 2007

Source: www.timesonline.co.uk

Court gives up on ‘speeding’ driver who kicked up too much of a fuss – The Times

Posted May 11th, 2007 in news, road traffic offences by sally

“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.”

Full story

The Times, 11th May 2007

Source: www.timesonline.co.uk

Lawyers unite to preserve compensation scheme – The Times

Posted May 10th, 2007 in compensation, miscarriage of justice, news by sally

“Seven firms of solicitors joined together today to launch a High Court challenge to the abolition of a discretionary compensation scheme for victims of miscarriages of justice.”

Full story

The Times, 10th May 2007

Source: www.timesonline.co.uk

Government supports law to prevent forced marriage – Ministry of Justice

Posted May 10th, 2007 in forced marriages, news by sally

“The Government today pledged its support for legislation aimed at protecting the victims of forced marriages and preventing them from taking place.”

Full story

Ministry of Justice, 10th May 2007

Source: www.justice.gov.uk

Daily Telegraph Law Reports

Posted May 10th, 2007 in law reports by sally

Moore v. Moore

OBG Ltd. & Others v. Allan & Ors; Douglas & Others v. Hello! Ltd. & Others; Mainstream Properties Ltd. v. Young & Others

Wellington v. DPP

TNT Global Spa &Anr v. Denfleet International Ltd. & Anr

Curistan v. Times Newspapers Ltd.

Melville Dundas Ltd. (in receivership) & Others v. Wimpey UK Ltd. & Others

Daily Telegraph, 10th May 2007

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are only available online for one week.

Welfare Reform Act 2007

Posted May 10th, 2007 in legislation, social security by sally

Welfare Reform Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Adelson and Another v Associated Newspapers Ltd. – Times Law Reports

Posted May 10th, 2007 in defamation, law reports, limitations by sally

No power to add late libel claim

Adelson and Another v. Associated Newspapers Ltd. 

Queen’s Bench Division

“Where the libel limitation period had expired, there was no jurisdiction to grant an application to amend pleadings by the addition of new claimants.”

The Times, 10th 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.

Curistan v Times Newspapers Ltd. – Times Law Reports

Posted May 10th, 2007 in law reports, parliamentary privilege by sally

Privilege survives extra material

Curistan v. Times Newspapers Ltd. 

Queen’s Bench Division

“Where extraneous non-privileged material was contained in an article or report which also contained a report of parliamentary proceedings, that privilege which attached to fair and accurate reports of parliamentary proceedings was not necessarily lost.”

The Times, 10th 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.

Van Colle and Another v Chief Constable of Hertfordshire Constabulary – Times Law Reports

Posted May 10th, 2007 in law reports, police, witnesses by sally

Police failed to protect life of prosecution witness at risk

Van Colle and Another v. Chief Constable of Hertfordshire Constabulary 

Court of Appeal

“Police who failed to take appropriate action to protect a vulnerable prosecution witness, when they should have known there was a risk to his life, were in breach of their duty for which they were liable in damages.”

The Times, 10th 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.

Hill and another v. Haines – WLR Daily

Posted May 10th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Hill and another v. Haines [2007] EWHC 1012 (Ch)

“Since an applicant for ancillary relief under ss 23 to 25 of the Matrimonial Causes Act 1973 did not give consideration in “money or money’s worth” within the meaning of s 339(3)(c) of the Insolvency Act 1986 for relief obtained, any transfer of property made by a bankrupt ex-spouse pursuant to either a court order made in the ancillary proceedings, or a settlement agreement, was a transaction at an undervalue and would be set aside on application by the trustees in bankruptcy.”

WLR Daily, 3rd 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.

Falconer faces up to jails crisis on first day of justice ministry – The Guardian

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

“The chief inspector of prisons warns today that offenders are being forced to “queue” for jail cells despite an assurance yesterday from the new justice minister, Lord Falconer, that the system can cope with the immediate crisis in prisoner numbers.”

Full story

The Guardian, 10th May 2007

Source: www.guardian.co.uk

Patent damages not refunded if EPO cancels patent – OUT-LAW.com

Posted May 10th, 2007 in damages, news, patents by sally

“Damages for patent infringement awarded by a UK court must not be paid back even if the patent is later declared invalid by the European Patent Office (EPO), the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 9th May 2007

Source: www.out-law.com

Only deliberate inducement can be punished, say Lords – OUT-LAW.com

Posted May 10th, 2007 in contracts, inducements, news by sally

“Someone cannot be sued for inducing another person to breach a contract unless it can be shown that the inducement was deliberate, the House of Lords has ruled in a decision which could have a significant impact on employment law.”

Full story

OUT-LAW.com, 9th May 2007

Source: www.out-law.com