Day: 25 July 2008

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

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

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

Posted July 25th, 2008 in expert witnesses, law reports, trade marks by sally

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th July 2008

R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251

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

R v Hills; R v Davies; R v Pomfret – WLR Daily

Posted July 25th, 2008 in law reports, parole, sentencing by sally

There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”

WLR Daily, 24th July 2008

Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250

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

Haringey London Borough Council v MA – WLR Daily

Posted July 25th, 2008 in adoption, law reports, parental responsibility by sally

“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”

WLR Daily, 24th July 2008

R v Bieber; [2008] WLR (D) 249

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

R v Bieber – WLR Daily

Posted July 25th, 2008 in law reports, murder, sentencing by sally

“An irreducible life sentence for murder, which was imposed because the offence was so serious that for the purposes of punishment and deterrence the offender must remain in prison for the rest of his days, did not result in detention that constituted inhuman or degrading treatment. In any event, a whole life term was not an irreducible sentence since the Home Secretary could always use his statutory power to release a prisoner whose continued imprisonment would amount to inhuman or degrading treatment.”

WLR Daily, 24th July 2008

Johnston Publishing (North) Ltd. v The Commissioners for HM Revenue and Customs [20Q8] EWCA Civ 858 (23 July 2008)

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

BAILII: Recent Decisions

Posted July 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Richardson & Anor v MacNab & Anor [2008] EWCA Civ 860 (24 July 2008)

Bush v Bush [2008] EWCA Civ 865 (24 July 2008)

Birmingham Development Company Ltd. v Tyler [2008] EWCA Civ 859 (24 July 2008)

High Court (Chancery Division)

Bocardo SA v Star Energy UK Onshore Ltd & Anor [2008] EWHC 1756 (Ch) (24 July 2008)

High Court (Queen’s Bench Division)

Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)

Dinedor Hill Action Association v County of Herefordshire District Council & Anor [2008] EWHC 1741 (Admin) (24 July 2008)

Source: www.bailii.org

Bulale v Secretary of State for the Home Department

Posted July 25th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department

Court of Appeal

“The Court of Appeal did have jurisdiction in rare cases to pursue of its own motion a point of general importance not raised below in order to ensure the state’s compliance with its international obligations.”

The Times, 25th July 2008

The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Recent Statutory Instruments – OPSI

Posted July 25th, 2008 in legislation by sally

The Companies (Reduction of Share Capital) Order 2008

The Police Appeals Tribunals Rules 2008

The Police (Conduct) Regulations 2008

The Water Act 2003 (Commencement No. 8) Order 2008

The General Optical Council (Therapeutics and Contact Lens Specialties) Rules Order of Council 2008

The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2008

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2008

The Commonhold (Land Registration) (Amendment) Rules 2008

The Land Registration (Proper Office) (Amendment) Order 2008

The Health Service Branded Medicines (Control of Prices and Supply of Information) Regulations 2008

The Legislative Reform (Lloyd’s) Order 2008

The Police (Performance) Regulations 2008

Source: www.opsi.gov.uk

Crossrail Act 2008

Posted July 25th, 2008 in legislation, London, railways by sally

Crossrail Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Punishment that was not a crime: why Mosley won in the high court – The Guardian

Posted July 25th, 2008 in defamation, news, privacy by sally

“It was at 7:50am on Thursday July 10 when it all started to go really wrong for the News of the World. It was then, on the fourth day of Max Mosley’s privacy action, that the paper’s barrister, Mark Warby QC, received the devastating news from his clients. Woman E, the dominatrix paid £12,000 to secretly film Mosley in a sadomasochistic orgy, wasn’t coming to court that morning to appear as the paper’s star witness after all. ‘Her emotional and mental state is such that it would not be fair or reasonable to call her to give evidence’, Warby told the judge, Mr Justice Eady.”

The Guardian, 25th July 2008

Source: www.guardian.co.uk

How red-top lawyer Mr Justice Eady became privacy judge – The Times

Posted July 25th, 2008 in judges, privacy, special report by sally

“Mr Justice Eady has created almost single-handedly what is now a privacy law in Britain through a series of recent rulings that he sees as remedying a ‘glaring deficiency in our law’. ”

The Times, 25th July 2008

Judge pulls out knife during court case – Daily Telegraph

Posted July 25th, 2008 in judges, news, offensive weapons by sally

“Judge Roger Connor brandished the pocket knife in front of a teenage defendant during the hearing at Oxford Crown Court.”

Daily Telegraph, 25th July 2008

Source: www.telegraph.co.uk

Fayed strikes oil in the high court – The Guardian

Posted July 25th, 2008 in news, oil wells, trespass by sally

“He is a hotelier, football club chairman and the owner of Harrods, but until now, as far as he knew, the multimillionaire Mohamed Al Fayed was not an oilman.”

The Guardian, 25th July 2008

Source: www.guardian.co.uk

Council punishes decorator with on-the-spot fine for smoking in his van – The Times

Posted July 25th, 2008 in news, smoking by sally

“A self-employed painter and decorator has been given a £30 on-the-spot fine for smoking in his own van because it is classified as a workplace.”

The Times, 25th July 2008

Disability Discrimination Act can extend to carers, rules ECJ – OUT-LAW.com

Posted July 25th, 2008 in disability discrimination, news by sally

“The European Court of Justice (ECJ) has said that disability discrimination laws can apply to the carers of disabled people as well as the disabled themselves. It has backed the claim of a woman who sued a London law firm in a groundbreaking case.”

OUT-LAW.com, 24th July 2008

Source: www.out-law.com

Canoe couple’s assets frozen in attempt to retrieve £250,000 – The Guardian

Posted July 25th, 2008 in fraud, freezing injunctions, news by sally

“The assets of the fake canoe death couple, John and Anne Darwin, have been frozen in a first step towards retrieving the £250,000 they conned out of insurance companies, it emerged yesterday.”

The Guardian, 25th July 2008

Source: www.guardian.co.uk

Music companies to police illegal downloads – The Times

“No sooner had Britain’s six biggest internet service providers (ISPs) agreed to monitor illegal file sharing than the web was abuzz with suggestions to get around the scheme.”

The Times, 25th July 2008