Christians seek right to sue BBC for blasphemy – The Guardian

Posted November 20th, 2007 in blasphemy, freedom of expression, media, news by sally

“A Christian group trying to prosecute the producer and broadcaster of Jerry Springer – The Opera under blasphemy laws will take its case to the high court in London today.”

Full story

The Guardian, 20th November 2007

Source: www.guardian.co.uk

Balls calls for new policies to help ‘tweenagers’ cope with temptation – The Guardian

Posted November 20th, 2007 in alcohol abuse, children, drug abuse, news by sally

“A generation of British “tweenagers” – children aged between eight and 13 – are at risk of losing interest in school and experimenting with drugs and alcohol as the problems traditionally associated with teenagers come into effect earlier, a minister warned yesterday.”

Full story

The Guardian, 20th November 2007

Source: www.guardian.co.uk

UK condemned for failing to protect children’s rights – The Guardian

Posted November 20th, 2007 in children, human rights, news by sally

“The UK government will be criticised today over key aspects of children’s human rights in a report highlighting how youngsters in custody are being handcuffed or have needed oxygen after being restrained.”

Full story

The Guardian, 20th November 2007

Source: www.guardian.co.uk

Shake-up in appointing judges ‘risks standards’ – The Times

Posted November 20th, 2007 in judiciary, news by sally

“Britain’s most senior judge has expressed fears that reforms to the way judges are appointed risks politicising the judiciary and threatening standards.”

Full story

The Times, 20th November 2007

Source: www.timesonline.co.uk

Inquest families must not get legal aid, judges rule – The Times

Posted November 20th, 2007 in inquests, legal aid, news by sally

“Bereaved families cannot generally claim legal aid for inquests or it will ‘risk imposing an unjustified burden’ on the system, the Court of Appeal ruled yesterday.”

Full story

The Times, 20th November 2007

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Pattrick & Anor v Marley Estates Management [2007] EWCA Civ 1176 (15 November 2007)

George v R [2007] EWCA Crim 2722 (15 November 2007)

Sumukan Ltd v Commonwealth Secretariat Rev 1 [2007] EWCA Civ 1148 (15 November 2007)

Taylor Walton (a firm) v Laing [2007] EWCA Civ 1146 (15 November 2007)

Davey v Aylesbury Vale District Council [2007] EWCA Civ 1166 (15 November 2007)

El-Farargy v El Farargy & Ors [2007] EWCA Civ 1149 (15 November 2007)

Court of Appeal (Criminal Division)

Nadarajah v R [2007] EWCA Crim 2688 (16 November 2007)

George v R [2007] EWCA Crim 2722 (15 November 2007)

High Court (Administrative Court)

Mucelli v Albania & Anor [2007] EWHC 2632 (Admin) (15 November 2007)

High Court (Chancery Division)

HM Revenue & Customs v The Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch) (15 November 2007)

Secretary of State for Trade & Industry v Vohora & Anor [2007] EWHC 2656 (Ch) (15 November 2007)

Ridgwell & Ors v Ridgwell & Ors [2007] EWHC 2666 (Ch) (14 November 2007)

Meretz Investments NV & Anor v ACP Ltd & Ors [2007] EWHC 2635 (Ch) (14 November 2007)

Wobben v Vestas-Celtic Wind Technology Ltd [2007] EWHC 2636 (Pat) (14 November 2007)

New ISG Ltd v Vernon & Ors [2007] EWHC 2665 (Ch) (14 November 2007)

Dadourian Group International Inc & Ors v Simms & Ors [2007] EWHC 2634 (Ch) (14 November 2007)

High Court (Commercial Court)

Grosvenor Casinos Ltd. v National Bank of Abu Dhabi [2007] EWHC 2600 (Comm) (14 November 2007)

High Court (Patents Court)

DLP Ltd, Re UK Intellectual Property Office Decision [2007] EWHC 2669 (Pat) (16 November 2007)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 19th, 2007 in legislation by sally

The Felixstowe Dock and Railway Harbour Revision Order 2007

The Education (Admissions Appeals Arrangements)(England)(Amendment) Regulations 2007

The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) (Amendment) Order 2007

Source: www.opsi.gov.uk

Britain and the US are not shoulder to shoulder over defamation – The Guardian

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

“English libel law itself could face scrutiny in a US court, in a case brought by a US author in New York.”

Full story

The Guardian, 19th November 2007

Source: www.guardian.co.uk

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – Times Law Reports

Posted November 19th, 2007 in children, homelessness, law reports, residence orders by sally

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council

Court of Appeal

“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