Urinating dentist ruling upheld – BBC News
“A High Court has upheld a tribunal’s findings that a West Yorkshire dentist urinated in his surgery sink before treating a patient.”
BBC News, 28th November 2008
Source: www.bbc.co.uk
Day: 28 November 2008
Student killer gang is sentenced – BBC News
“Four people have been sentenced over the killing of a Leicester student who was stabbed with a broken vodka bottle.”
BBC News, 28th November 2008
Source: www.bbc.co.uk
Intel ruling sets tough dilution test for owners of famous brands – OUT-LAW.com
“The owner of a famous trade mark can stop a similar mark being used for completely different goods and services but must show that the new mark will have an economic impact on consumers to its detriment, the European Court of Justice has ruled.”
OUT-LAW.com, 28th November 2008
Source: www.out-law.com
Judge postpones Baby P sentencing – BBC News
“The sentencing of three people over the death of Baby P has been postponed for at least three months.”
BBC News, 28th November 2008
Source: www.bbc.co.uk
40,000 prisoners released early – The Independent
“More than 40,000 convicts have been released early to ease the prisons overcrowding crisis, figures showed today.”
The Independent, 28th November 2008
Source: www.independent.co.uk
Headmaster accused of misconduct for calling female staff his ‘harem’ – Daily Telegraph
“A head teacher has been hauled before a misconduct committee for allegedly calling female staff his ‘harem’ and nicknaming a school governor ‘post pants’.”
Daily Telegraph, 28th November 2008
Source: www.telegraph.co.uk
Woman walks free from court despite driving after 20 pint and vodka binge – Daily Telegraph
“A former women’s international cricketer who was caught driving after drinking 20 pints of beer and a several vodkas has walked free from court.”
Daily Telegraph, 28th November 2008
Source: www.telegraph.co.uk
Ofcom censures ITV for broadcasting ‘political’ congestion charging ad – The Guardian
“Ofcom has made its first ruling over a breach of its political advertising code for a TV commercial on ITV1 promoting the introduction of congestion charging in Greater Manchester.”
The Guardian, 28th November 2008
Source: www.guardian.co.uk
Life for seven motorway killers of biker Gerry Tobin – The Guardian
“Seven members of the Outlaws motorcycle gang were sentenced to life in prison at Birmingham crown court today for the murder of Hells Angel Gerry Tobin.”
The Guardian, 28th November 2008
Source: www.guardian.co.uk
Judge throws out ‘leak’ case against journalist Sally Murrer and her police source – The Times
“The multi-million pound prosecution of a local newspaper journalist and the police source who ‘leaked’ stories to her collapsed today after evidence gathered against them in a police bugging operation was declared inadmissible.”
The Times, 28th November 2008
Source: www.timesonline.co.uk
Woman forced to quit job wins new rights for carers – The Guardian
“Millions of people trying to combine work with caring for disabled or elderly relatives will have the right to claim against employers who discriminate against them in refusing to offer flexible working, following a ruling yesterday by the Employment Tribunal.”
The Guardian, 28th November 2008
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Kaczmarek v Secretary of State for Work & Pensions [2008] EWCA Civ 1310 (27 November 2008)
Pratt v Aigaion Insurance Company SA [2008] EWCA Civ 1314 (27 November 2008)
High Court (Commercial Court)
Middle Eastern Oil LLC v National Bank of Abu Dhabi [2008] EWHC 2895 (Comm) (27 November 2008)
High Court (Family Division)
Sandwell Metropolitan Borough Council v GC & Ors [2008] EWHC 2555 (Fam) (24 October 2008)
High Court (Technology and Construction Court)
Talaris (Sweden) AB v Network Controls International Ltd [2008] EWHC 2930 (TCC) (20 November 2008)
Jacobs UK Ltd v Skidmore Owings & Merrill LLP [2008] EWHC 2847 (TCC) (21 November 2008)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Companies (Registration) Regulations 2008
The Immigration (Designation of Travel Bans) (Amendment) Order 2008
The Companies (Company Records) Regulations 2008
The Companies (Fees for Inspection of Company Records) Regulations 2008
The Christmas Bonus (Relevant Week) Order 2008
Source: www.opsi.gov.uk
Attorney General’s Reference (No 55 of 2008) – WLR Daily
Attorney General’s Reference (No 55 of 2008); [2008] EWCA Crim 2790; [2008] WLR (D) 370
“The recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established. Such a sentence remained an important sentencing alternative but the court was entitled to consider all the alternative and cumulative methods of providing proper protection for the public against the risk posed by the individual offender.”
WLR Daily, 27th 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.
Kay v Commissioner of Police of the Metropolis – WLR Daily
Kay v Commissioner of Police of the Metropolis [2008] UKHL 69; [2008] WLR (D) 00; [2008] WLR (D) 369
“A procession could be ‘commonly or customarily held’, so as to be exempt from the requirement to give advance notice to the police under s 11 of the Public Order Act 1986, even though on each occasion it took a different route.”
WLR Daily, 27th 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.
R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily
“Where a prisoner attempted to commit suicide and sustained incapacitating long-term injury the state was obliged to institute an independent initial investigation which complied with art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 27th 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.
In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily
In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367
“After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”
WLR Daily, 27th 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.
Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily
Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366
“An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”
WLR Daily, 26th 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.
Salsbury v Law Society – WLR Daily
Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365
“The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”
WLR Daily, 26th 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.
