Month: November 2008

In re Hutton Churchyard, Somerset; [2008] WLR (D) 355

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

In re Hutton Churchyard, Somerset – WLR Daily

Posted November 14th, 2008 in ecclesiastical law, faculties, law reports by sally

“Where responsibility for maintenance of closed churchyards had passed from a parish council to a local authority pursuant to s 215(3) of the Local Government Act 1972 a parish council retained sufficient interest to intervene in faculty proceedings concerning the laying flat of memorials in the churchyards. The duty of “maintenance of the churchyard” imposed on the local authority under s 215(3) was the same as the duty to keep “in decent order” imposed on the parish council under s 215(1) of the 1972 Act. Where memorials had been laid flat this included an obligation (1) to take into account as a primary consideration the safety of memorials (2) to consider as a factor the appearance of the churchyard, but a district council was under no duty to reinstate memorials it had laid flat because of the appearance of the churchyard.”

WLR Daily, 13th November 2008

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another [2008] EWHC 2731 (Ch); [2008] WLR (D) 354

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

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another – WLR Daily

Posted November 14th, 2008 in executors, law reports, trustees in bankruptcy, wills by sally

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

WLR Daily, 13th November 2008

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWCA Civ 1238; [2008] WLR (D) 353

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

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily

Posted November 14th, 2008 in law reports, negligence, vicarious liability by sally

“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”

WLR Daily, 13th November 2008

Zalewska v Department for Social Development

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

Zalewska v Department for Social Development – Times Law Reports

Posted November 14th, 2008 in benefits, EC law, law reports by sally

House of Lords

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law.”

The Times, 14th November 2008

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

Regina v Stringfellow – Times Law Reports

Posted November 14th, 2008 in criminal procedure, juries, law reports by sally

Regina v Stringfellow

Court of Appeal (Criminal Division)

“Where the clerk of a crown court went wrong when he was taking the vote of the jury, it was better for counsel to interrupt and ask the clerk to start again, to avoid unnecessary excursions to the Court of Appeal.”

The Times, 14th November 2008

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

Behind the story: How digging for details unearthed a scandal – The Times

Posted November 14th, 2008 in claims management, fees, industrial injuries, law firms, news by sally

“It was meant to give sick and dying men recompense for the irreparable damage to their health caused by years of mining coal. Yet the legacy of the world’s biggest private injury compensation scheme is the number of opulent houses, private jets and luxury cars purchased with the profits of the solicitors who handled their claims.”

The Times,14th November 2008

More laws but no more order, say academics – Daily Telegraph

Posted November 14th, 2008 in criminal justice, news, statistics by sally

“Criminologists said despite more than 3,000 new offences created under Labour it has only served to criminalize more people and not protect others.”

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Appeal judge hits out at “deeply troubling” £100,000 legal costs over a £265 dispute – Daily Telegraph

Posted November 14th, 2008 in costs, news by sally

“Lawyers ran up legal bills worth £100,000 and spent more than nine days of court time settling a row over £265.”

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Jim Beresford’s firm made £16.7m in year handling miners’ compensation claims – The Times

Posted November 14th, 2008 in fees, industrial injuries, law firms, miners, news by sally

“Jim Beresford gained the dubious distinction of being the ‘highest-earning solicitor in Britain’ through the profits generated by his firm’s handling of miners’ compensation claims.”

The Times, 14th November 2008

Divorced – for having an affair in Second Life – The Independent

Posted November 14th, 2008 in divorce, internet, news by sally

“As divorce cases go, it is as explosive and sordid as it gets: a woman catches her husband having sex with a prostitute, forgives him, but finally throws in the towel after discovering he has been unfaithful again. Yet absolutely none of it happened in real life.”

The Independent, 14th November 2008

Source: www.independent.co.uk

Miners’ compensation: third of solicitors now flout rules on secret payments to win work – The Times

Posted November 14th, 2008 in industrial injuries, miners, news, professional conduct, solicitors by sally

“The legal profession faces a radical overhaul of a multimillion-pound trade in which thousands of solicitors fork out confidential payments or commission to obtain work.”

The Times, 14th November 2008

Profile: Mr Justice Eady, defender of the nation’s privacy – Daily Telegraph

Posted November 14th, 2008 in judges, privacy, special report by sally

“When Mr Justice Eady retreats to the anonymity of his isolated cottage in Kent this weekend, he will no doubt breathe a large sigh of relief at being able to escape the burning heat of a media spotlight which has shone on him like never before.”