19/11/2007 – Current Awareness

“A shared residence order made by a family court in uncontested proceedings did not determine the question whether a parent in whose favour the order was made had a priority need for housing as a homeless person with dependent children who might reasonably be expected to reside with him.”

The Times, 19th November 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.

O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports

Posted November 19th, 2007 in law reports, substitution, time limits by sally

O’Byrne v Aventis Pasteur MSD Ltd

Court of Appeal

“Where a claimant had made a mistake about the name but not the identity of the defendant, that name could be substituted after the expiry of the limitation period, where substitution was necessary required in order to determine the original action.”

The Times, 19th November 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.

Davey v Aylesbury Vale District Council – WLR Daily

Posted November 19th, 2007 in Administrative Court, costs, judicial review by sally

Davey v Aylesbury Vale District Council [2007] EWCA Civ 1166

“The Court of Appeal gave guidance as to the recoverability of pre-permission costs by a successful defendant following dismissal of the substantive judicial review claim.”

WLR Daily, 16th November 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.

AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted November 19th, 2007 in asylum, law reports, Sudan by sally

AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening)

“In determining whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, there was no requirement that the starting point of the assessment had to be consideration of conditions prevailing in the area from where the claimant had fled. It was for the decision maker to determine what weight was to be given to that, and all other relevant factors, in the context of the particular facts of the case.”

WLR Daily, 16th November 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.

Sumukan Ltd v Commonwealth Secretariat (No 2) – WLR Daily

Posted November 19th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2) [2007] EWCA Civ 1148

“Where a contract contained a clause expressly providing for arbitration before a tribunal established according to the defendant’s rules, and one of the arbitrators was not validly appointed under those rules, the non-compliance rendered that arbitrator’s participation unlawful and the award a nullity. If the claimant could not with reasonable diligence have discovered the lack of validity within s 73 of the Arbitration Act 1996, the arbitrators lacked substantive jurisdiction under s 67 of the 1996 Act and the award would be set aside.”

WLR Daily, 16th November 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 Vohora and another – WLR Daily

Posted November 19th, 2007 in company directors, disqualification, law reports, time limits by sally

Secretary of State for Trade and Industry v Vohora and another [2007] EWHC 2656 (Ch)

“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company, on the ground that it was expedient in the public interest, had to be brought, rather that started, within two years. Therefore the two-year period was a limitation provision and, in accordance with CPR Pt 7, para 5, where the Secretary of State’s claim form was received in the court office on a date earlier than the date on which it was issued, the claim was “brought” for the purposes of the two-year period on that earlier date.”

WLR Daily, 16th November 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.

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust – WLR Daily

Posted November 19th, 2007 in expenses, taxation, trusts by sally

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch)

“Expenses incurred by trustees of a discretionary trust for the benefit of both capital and income beneficiaries were properly chargeable to capital.”

WLR Daily, 16th November 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.

How Important is Punishment? – Speech by Lord Phillips of Worth Matravers

Posted November 19th, 2007 in punishment, speeches by sally

How Important is Punishment? (PDF)

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales.

Howard League for Penal Reform, 16th November 2007

Source: www.judiciary.gov.uk

CPS decision on the death of Paul Coker – Crown Prosecution Service

Posted November 19th, 2007 in health & safety, negligence, police, press releases by sally

“The Crown Prosecution Service has today advised all concerned parties that there is insufficient evidence to charge any individuals with any offences in relation to the tragic death of Paul Coker at Plumstead Police Station, South London on 6 August 2005.”

Full story

Crown Prosecution Service, 15th November 2007

Source: www.cps.gov.uk

Consultation paper on sentencing for corporate manslaughter – Sentencing Guidelines Council

Posted November 19th, 2007 in consultations, corporate manslaughter, sentencing by sally

“On Thursday 15 November 2007 the Panel issued a consultation paper on sentencing for corporate manslaughter.

Responses are requested by 7 February 2008.”

Consultation paper on sentencing for corporate manslaughter (PDF)

Sentencing Guidelines Council, 15th November 2007

Source: www.sentencing-guidelines.gov.uk

Firms could face big payouts over forced retirement at 65 – The Guardian

Posted November 19th, 2007 in age discrimination, news, retirement by sally

“Lawyers are warning employers that they could be laying themselves open to large compensation claims if they force workers to retire at 65 – even though the current law allows them to do so.”

Full story

The Guardian, 19th November 2007

Source: www.guardian.co.uk

The cloning revolution: Ministers to back controversial change to law – The Independent

Posted November 19th, 2007 in embryology, news by sally

“Babies made by cloning techniques from the DNA of two women could be born within 10 years as ministers prepare to give the green light for embryos produced by biological material from three ‘parents’. A new law, to be debated in the House of Commons tomorrow (19 November), opens the door for such hybrid eggs to be implanted in women.”

Full story

The Independent, 18th November 2007

Source: www.independent.co.uk

Archbishop condemns move to grant lesbians easier parenting rights – The Times

Posted November 19th, 2007 in embryology, homosexuality, news, parental rights by sally

“Britain’s leading Roman Catholic churchman gives warning today that the role of a father in a child’s life will be undermined by legislation to make it easier for lesbian couples to become parents to test-tube babies.”

Full story

The Times, 19th November 2007

Source: www.timesonline.co.uk

Tougher work tests for disabled – BBC News

Posted November 19th, 2007 in benefits, disabled persons, news by sally

“Fewer sick and disabled people will qualify for disability benefits for being unable to work, after a new test is introduced from next year.”

Full story

BBC News, 19th November 2007

Source: www.bbc.co.uk

Prison service faces drastic cuts – The Observer

Posted November 19th, 2007 in courts, criminal justice, prisons, special report by sally

“A dramatic plan to slash the number of prison officers and streamline courts in England and Wales is being drawn up by the government in an attempt to deliver £1bn in savings.”

Full story

The Observer, 18th November 2007

Source: www.guardian.co.uk

Speed penalty point plan attacked – BBC News

Posted November 19th, 2007 in news, road safety, road traffic offences by sally

“Plans to increase penalty points for speeding motorists could ‘criminalise’ a large section of the UK’s workforce, driving instructors have warned.”

Full story

BBC News, 19th November 2007

Source: www.bbc.co.uk

Jailed Asian officer to be cleared – The Guardian

Posted November 19th, 2007 in appeals, news, police, race discrimination, theft by sally

“An Asian police officer who claims his colleagues framed him for theft after he sued his force for racism is to have his criminal conviction quashed today.”

Full story

The Guardian, 19th November 2007

Source: www.guardian.co.uk