06/11/2008 – Current Awareness

“Those found guilty of criminal offences may have to pay towards the cost of their defence the government announced today as it published two consultation papers.”

Full story

Ministry of Justice, 6th November 2008

Source: www.justice.gov.uk

Hustinx: nameless data can still be personal – OUT-LAW.com

Posted November 6th, 2008 in data protection, internet, news, privacy by sally

“A person does not have to be identifiable by name for details of their computer usage to be protected by data protection laws, a senior European privacy watchdog has warned.”

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OUT-LAW.com, 6th November 2008

Source: www.out-law.com

‘Wave’ of credit crunch cases set to emerge – The Times

Posted November 6th, 2008 in law firms, news by sally

“Litigation departments at the City’s leading law firms have grown significantly busier in recent weeks as investors turn to legal action to recover losses suffered as a result of the financial crisis.”

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The Times, 6th November 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted November 6th, 2008 in legislation by sally

The International Organization for Migration (Immunities and Privileges) Order 2008

The A27 Trunk Road (Southerham to Beddingham Improvement) (Derestriction and Revocation) Order 2008

The A27 Trunk Road (Southerham to Beddingham Improvement) (Banned Turns) Order 2008

Source: www.opsi.gov.uk

The Criminal Justice System in England and Wales: time for change? – Speech by Lord Judge

Posted November 6th, 2008 in criminal justice, speeches by sally

The Criminal Justice System in England and Wales: time for change? (PDF)

Speech by Lord Judge

University of Hertfordshire, 4th November 2008

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Cheung v Southwark London Borough Council & Ors [2008] EWCA Civ 1179 (05 November 2008)

High Court (Chancery Division)

Warner v Verfides [2008] EWHC 2609 (Ch) (29 October 2008)

High Court (Administrative Division)

HG & Ors v Secretary of State for the Home Department [2008] EWHC 2685 (Admin) (17 October 2008)

Newcastle City Council, R (on the application of) v Berwick-Upon-Tweed Borough Council & Ors [2008] EWHC 2369 (Admin) (05 November 2008)

High Court (Commercial Court)

889457 Alberta Inc v Katanga Mining Ltd & Ors [2008] EWHC 2679 (Comm) (05 November 2008)

Source: www.bailii.org

Alchemy Estates Ltd v Astor and another – WLR Daily

Posted November 6th, 2008 in assignment, law reports, rescission, sale of goods by sally

Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343

“The contractual right of rescission under condition 8.3.3 of the Standard Conditions of Sale had to be exercised promptly, which meant by the contractual completion date, or possibly, within a day or two thereafter.”

WLR Daily, 6th November 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.

Regina (Reynolds) v Independent Police Complaints Commission – Times Law Report

Posted November 6th, 2008 in judicial review, law reports, personal injuries, police by sally

Regina (Reynolds) v Independent Police Complaints Commission

Court of Appeal

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty to investigate independently the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

The Times, 6th November 2008

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.

Warner v Verfides (a Firm) – Times Law Reports

Posted November 6th, 2008 in costs, disclosure, insolvency, law reports, privacy by sally

Warner v Verfides (a Firm)

Chancery Division

“Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.”

The Times, 6th November 2008

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.

Why David must still be able to take on The Daily Goliath – The Times

Posted November 6th, 2008 in costs, defamation, fees, special report by sally

“Lawyers are not popular and never less so than when they demand their fees. But to be really despised, we must fight and win a “no win, no fee” case and then have the temerity to request payment of our fees with 100 per cent uplift.”

Full story

The Times, 6th November 2008

Source: www.timesonline.co.uk

Quality fears prompt SRA to review foreign lawyer qualification regime – Legal Week

Posted November 6th, 2008 in news, solicitors, Solicitors Regulation Authority by sally

“The Solicitors Regulation Authority (SRA) is set to launch a formal consultation into the way in which foreign lawyers qualify into the UK, after pressure from the Law Society and education providers to tighten the regulations.”

Full story

Legal Week, 6th November 2008

Source: www.legalweek.com

Home Office denies scaling back ID cards – The Independent

Posted November 6th, 2008 in identity cards, news by sally

“The roll-out of identity cards is not being scaled back despite plans to include sensitive employees from just two airports in the next stage, the Home Office said today.”

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The Independent, 6th November 2008

Source: www.independent.co.uk

Lord Chief Justice: internet generation could be unsuitable as jurors – The Times

Posted November 6th, 2008 in juries, news by sally

“The internet generation is not used to listening for long periods and so could be unsuitable as jurors, the Lord Chief Justice has said.”

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The Times, 6th November 2008

Source: www.timesonline.co.uk

Year’s delay for Saville report – BBC News

Posted November 6th, 2008 in inquiries, news, Northern Ireland by sally

“The Saville Inquiry’s report into the events of Bloody Sunday will not be completed until autumn 2009, the chairman of the inquiry has revealed.”

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BBC News, 5th November 2008

Source: www.bbc.co.uk

MoD pays out £2.4m to Kosovan shot in the jaw – Daily Telegraph

Posted November 6th, 2008 in armed forces, damages, news, personal injuries by sally

“A Kosovan man shot in the jaw by a British soldier has been awarded £2.4 million compensation after suing the Ministry of Defence.”

Full story

Daily Telegraph, 6th November 2008

Source: www.telegraph.co.uk

The Jonathan Ross-Russell Brand affair stripped bare – The Times

Posted November 6th, 2008 in complaints, media, special report by sally

“With David Cameron surfing in on the wake of the Ross-Brand affair to raise questions about the BBC’s size, regulation and commercial activities, it is no wonder that the top ranks of the BBC are running scared about what the row means for the long-term future of the corporation.”

Full story

The Times,6th November 2008

Source: www.timesonline.co.uk

FSA defends rules on life companies’ use of with-profits surpluses – OUT-LAW.com

Posted November 6th, 2008 in financial regulation, insurance, news, with-profits policies by sally

“The FSA has resisted calls for a full-scale debate on the regulation of with-profits funds, but it has promised a major review of how effectively life companies are implementing its current rules.”

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OUT-LAW.com, 5th November 2008

Source: www.out-law.com

Hunt sets out his roadmap for sweeping regulatory review – Legal Week

Posted November 6th, 2008 in legal profession, news by sally

“Former Beachcroft senior partner Lord Hunt of the Wirral has unveiled more detail of how his nine-month review of the regulatory framework for the legal profession will proceed.”

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Legal Week, 6th November 2008

Source: www.legalweek.com

Why ‘no win, no fee’ is bringing access to justice – The Times

Posted November 6th, 2008 in class actions, costs, fees, news by sally

“The slow squeezing of life out of the legal aid system over the past decade and the impact it has had on money available to fund group claims led to multiparty specialists concluding that — with only rare exceptions — such claims were doomed.”

Full story

The Times, 6th November 2008

Source: www.timesonline.co.uk