Day: 7 December 2007

Hill and another v Haines [2007] EWCA Civ 1284

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 December 7th, 2007 in bankruptcy, debts, divorce, law reports by sally

“A property adjustment order made in ancillary relief proceedings, whether following a contested hearing or a compromise agreement, was made for consideration and was not therefore a transaction at an undervalue under section 339 of the Insolvency Act 1986. Parliament could not have intended that an order transferring the former matrimonial home from one spouse to the other should be capable of automatic nullification at the suit of the trustee in bankruptcy of a spouse against whom a bankruptcy order had subsequently made on his or her own petition.”

WLR Daily, 6th December 2007

In re M and another (Minors) [2007] UKHL 55

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re M and another (Minors) – WLR Daily

Posted December 7th, 2007 in child abduction, law reports by sally

“The Hague Convention on the Civil Aspects of International Child Abduction 1980 had laid down the circumstances under which the return of a child who had been abducted from a contracting state could be refused, and it was neither necessary nor desirable that English courts should import an additional test of ‘exceptionality’ into the exercise of discretion provided for by the Convention.”

WLR Daily, 6th December 2007

C v D [2007] EWCA Civ 1282

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

C v D – WLR Daily

Posted December 7th, 2007 in arbitration, conflict of laws, contracts, law reports by sally

“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”

WLR Daily, 6th December 2007

R (Maloba) v Waltham Forest London Borough Council

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Maloba) v Waltham Forest London Borough Council – WLR Daily

Posted December 7th, 2007 in homelessness, housing, law reports by sally

“On the proper construction of s 175(3) of the Housing Act 1985, the phrase ‘accommodation which it would be reasonable .. to continue to occupy’ was to be read as ‘to occupy or continue to occupy’. Such an interpretation avoided the creation of a distinction between a person with unfit accommodation available to him who was living in it and one who was not. Furthermore, the matters to be considered in deciding whether it was reasonable to expect an applicant to occupy accommodation available to him were not limited to the size and structural quality of the accommodation.”

WLR Daily, 5th December 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Commercial Court publishes working party report on long trials – Judiciary of England and Wales

Posted December 7th, 2007 in Commercial Court, reports by sally

“The Commercial Court has today (6 December) published the report of its Long Trials Working Party set up under the chairmanship of Mr Justice Richard Aikens. The report was considered and adopted by the Commercial Court Judges and the Committee of Users of the Commercial Court at its meeting last Wednesday, 28 November 2007.”

In re M (FC) and another (FC) (Children) (FC) [2007] UKHL 55 (5 December 2007)

Judiciary of England and Wales, 6th December 2007

Source: www.judiciary.gov.uk

House of Lords Judgments: What’s new?

Posted December 7th, 2007 in law reports by sally

Source: www.parliament.uk

Community test – Law Society’s Gazette

Posted December 7th, 2007 in courts, criminal justice, rehabilitation, special report by sally

“England’s first Community Court is now in its third year. Grania Langdon-Down reviews its impact.”

Law Society’s Gazette, 6th December 2007

More haste, less speed – Law Society’s Gazette

Posted December 7th, 2007 in constitutional law, special report by sally

“The debate over new Bill of Rights must include constitutional issues which need to be considered carefully, argues Roger Smith.”

Law Society’s Gazette, 6th December 2007

Seeking new frontiers – Law Society’s Gazette

Posted December 7th, 2007 in contracts, Law Society, legal aid, legal services, news by sally

“Andrew Holroyd hails a landmark ruling for legal aid lawyers and the launch of the law society’s international division.”

Law Society’s Gazette, 6th December 2007

Society wins appeal against LSC contract – Law Society’s Gazette

Posted December 7th, 2007 in contracts, legal aid, legal services, news by sally

“New civil legal aid fees may have to be scrapped in light of the appeal court’s ruling last week that the Legal Services Commission’s (LSC) unified contract is unlawful.”

Law Society’s Gazette, 6th December 2007

Plan to close 15 women’s prisons so inmates can be closer to home – The Times

Posted December 7th, 2007 in news, prisons, women by sally

“The Government is supporting a proposal to close 15 women’s jails and replace them with a network of small custodial units that will allow female prisoners to be held closer to home.”

The Times, 7th December 2007

Simplifying Immigration Law For The 21st Century – Home Office

Posted December 7th, 2007 in immigration, press releases by sally

“A proposal to use a new Government Bill to simplify immigration law has received positive feedback, the Home Office revealed today.”

Home Office press release, 6th December 2007

Source: www.homeoffice.gov.uk

Freedom Of Information: Government’s refusal to disclose legal advice challenged in court – The Independent

Posted December 7th, 2007 in freedom of information, news, privilege by sally

“Lawyers have long argued that there is absolute protection against the publication of legally privileged advice. Robert Verkaik, Law Editor, finds a case which challenges this.”

The Independent, 7th December 2007

Source: www.independent.co.uk

Changes to data protection laws ‘will give company bosses the shivers’ – The Times

Posted December 7th, 2007 in data protection, news by sally

“MPs are considering changes to the law that would make chief executives directly responsible for safeguarding the public’s personal data and make the improper or careless treatment of personal information a criminal offence.”

The Times, 7th December 2007

Labour chiefs at war with donation law reforms – The Times

Posted December 7th, 2007 in news, political parties by sally

“Senior Labour officials were voicing hostility to the way the law on political donations was being enforced around the time that David Abrahams began making secret payments to the party, The Times can disclose today.”

The Times, 7th December 2007