19/03/2008 – Current Awareness

“Parliament has begun moves to repeal all or part of 328 Acts which experts say are completely redundant. Test your knowledge of a slice of British legal history…”

Bygone laws quiz

BBC Magazine, 19th March 2008

Source: www.bbc.co.uk

Judges reject Islamic ‘phone marriage’ with woman in Bangladesh – The Times

Posted March 19th, 2008 in autism, islamic law, marriage, news by sally

“Three senior appeal judges have refused to recognise an ‘over the telephone’ Muslim marriage between an autistic British man and a woman in Bangladesh — even though the union is valid according to sharia or Islamic law.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

McCanns may take on other papers – The Guardian

Posted March 19th, 2008 in defamation, media, news by sally

“Lawyers acting for Kate and Gerry McCann have not ruled out seeking damages from other papers over coverage of their daughter Madeleine’s disappearance after the couple’s unprecedented legal victory against Express Newspapers today.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

Information Commissioner to focus on reducing risk, not enforcement – OUT-LAW.com

Posted March 19th, 2008 in data protection, news by sally

“The Information Commissioner’s Office (ICO) has said that its aim is to protect people from the risks associated with abuses of their personal data rather than strictly enforce the law. It has announced its broad aims in a new strategy document.”

Full story

OUT-LAW.com, 19th March 2008

Source: www.out-law.com

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ngyuen, R v [2008] EWCA Crim 585 (18 March 2008)

Court of Appeal (Civil Division)

Mayor of London v London Borough of Enfield [2008] EWCA Civ 202 (18 March 2008)

LG (Italy) v Secretary of State for the Home Department [2008] EWCA Civ 190 (18 March 2008)

S v Floyd [2008] EWCA Civ 201 (18 March 2008)

Housden & Anor v The Conservators of Wimbledon and Putney Commons [2008] EWCA Civ 200 (18 March 2008)

Shah & Ors v Colvia Management Co Ltd (includes Order) [2008] EWCA Civ 195 (18 March 2008)

High Court (Chancery Division)

Thunder Air Ltd v Hilmarsson [2008] EWHC 355 (Ch) (17 March 2008)

High Court (Family Division)

McCartney v McCartney [2008] EWHC 401 (Fam) (17 March 2008)

High Court (Commercial Court)

Entico Corporation Ltd v United Nations Educational Scientific and Cultural Association (UNESCO) [2008] EWHC 531 (Comm) (18 March 2008)

High Court (Technology and Construction Court)

London & Regional (St George’s Court) Ltd v Ministry of Defence and Secretary of State for Defence [2008] EWHC 526 (TCC) (18 March 2008)

Source: www.bailii.org

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation) – WLR Daily

Posted March 19th, 2008 in company directors, insolvency, law reports, married persons by sally

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89

“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”

WLR Daily, 18th March 2008

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.

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – WLR Daily

Posted March 19th, 2008 in banking, contracts, law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88

“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”

WLR Daily, 18th March 2008

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.

Review of Part 6 of the Civil Procedure Rules: Service of Documents [CP 14/07] – Ministry of Justice

Posted March 19th, 2008 in civil procedure rules, consultations, service by sally

“The post-consultation report contains a summary of responses to the consultation, a detailed response to the specific questions raised in the report and the next steps following the consultation.”

Response to consultation (PDF)

Ministry of Justice, 18th March 2008

Source: www.justice.gov.uk

Magistrate jailed for 18 months for fraud – Daily Telegraph

Posted March 19th, 2008 in fraud, magistrates, news, sentencing by sally

“A magistrate who told a businessman friend that he could make a court case against him ‘go away’ has been jailed for 18 months.”

Full story

Daily Telegraph, 19th March 2008

Source: www.telegraph.co.uk

Policeman on bail ‘planned to kill others’ – The Guardian

Posted March 19th, 2008 in bail, murder, news by sally

“A police inspector who was bailed on a charge of murdering his wife and then went on to shoot his mother-in-law may have been planning to kill other members of his family, an inquest heard yesterday.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

Ministers target badly behaved children in £218m crime scheme – The Independent

Posted March 19th, 2008 in ASBOs, children, news by sally

“Hundreds of children displaying anti-social behaviour will be targeted by youth workers under government plans to cut crime.”

Full story

The Independent, 19th March 2008

Source: www.independent.co.uk

Violent criminal who cannot be deported – Daily Telegraph

Posted March 19th, 2008 in deportation, news, violent offenders by sally

“A foreign criminal who attacked and robbed a pensioner cannot be deported because he is not considered dangerous enough, the Court of Appeal has ruled.”

Full story

Daily Telegraph, 19th March 2008

Source: www.telegraph.co.uk

Legal Opinion: Financial crisis pushes law centres to the brink – The Independent

Posted March 19th, 2008 in law centres, special report by sally

“Lawyers working in law centres are often the last hope for people in desperate situations. Robert Verkaik, Law Editor, reports on hard times from the legal coal-face.”

Full story

The Independent, 19th March 2008

Source: www.independent.co.uk

Publicity made the outcome of McCartney case inevitable – The Times

Posted March 19th, 2008 in divorce, media, special report by sally

“The decision to publish the ‘warts and all’ judgment on the financial battle between Heather Mills and Sir Paul McCartney is a sign of the wish among family judges for more openness in their courts. But the flow of media leaks in the case, the high-profile nature of the couple and intense media interest were equally strong factors in the judge’s decision, lawyers said yesterday.”

Full story

The Times, 19th March 2008

Source: www.timesonline.co.uk

Express Newspapers forced to apologise to McCann family over Madeleine allegations – The Guardian

Posted March 19th, 2008 in defamation, media, news by sally

“The Daily Express and Daily Star carried unprecedented front page apologies to Gerry and Kate McCann today for publishing more than 100 articles on the disappearance of their daughter, Madeleine, some of which suggested the couple were involved in her death.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

Diana, Princess of Wales and Dodi Fayed: the time has come for the jury to decide – The Times

Posted March 19th, 2008 in inquests, news by sally

“The inquests of Diana, Princess of Wales, and Dodi Fayed reached a watershed yesterday when, after almost six months, they called their 252nd – and probably final – witness.”

Full story

The Times, 19th March 2008

Source: www.timesonline.co.uk

Police trying out national database with 750,000 mugshots, MPs told – The Guardian

Posted March 19th, 2008 in closed circuit television, identification, news by sally

“The police are developing the first national database of mugshots so that they can use face recognition technology to match CCTV images with details of offenders, MPs were told yesterday.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

Father of soldier killed in Afghanistan ‘will sue MoD for damages’ – Daily Telegraph

Posted March 19th, 2008 in armed forces, damages, news by sally

“The father of a soldier killed in Afghanistan vowed last night to take legal action against the Ministry of Defence, demanding that it accepts liability for his son’s death.”

Full story

Daily Telegraph, 19th March 2008

Source: www.telegraph.co.uk

Bailiffs to get more regulation – BBC News

Posted March 19th, 2008 in bailiffs, news by sally

“Plans designed to protect householders from unscrupulous bailiffs have been announced by the Ministry of Justice.”

Full story

BBC News, 18th March 2008

Source: www.bbc.co.uk