Two men found guilty of causing Baby P’s death – The Guardian

Posted November 11th, 2008 in child abuse, news, social services by sally

“Two men have been found guilty at the Old Bailey of causing or allowing the death of a 17-month old baby in a case which highlighted one of the most severe child protection failures since the murder of Victoria Climbie.”

Full story

The Guardian, 11th November 2008

Source: www.guardian.co.uk

BAILII: Recent Decisons

Posted November 11th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Midill (97pl) Ltd. v Park Lane Estates Ltd & Anor [2008] EWCA Civ 1227 (11 November 2008)

High Court (Queen’s Bench Division)

Williams v Thompson Leatherdale (a firm)& Anor [2008] EWHC 2574 (QB) (10 November 2008)

High Court (Technology and Construction Court)

Hayes & Anor (t/a Orchard Construction) v Gallant [2008] EWHC 2726 (TCC) (10 November 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 11th, 2008 in legislation by sally

The Motor Vehicles (EC Type Approval) (Amendment) Regulations 2008

The Civil Proceedings Fees (Amendment) Order 2008

The Non-Contentious Probate Fees (Amendment) Order 2008

The Magistrates’ Courts Fees (Amendment) Order 2008

The Family Proceedings Fees (Amendment) Order 2008

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

The National Health Service (Travel Expenses and Remission of Charges) Amendment (No. 2) Regulations 2008

Source: www.opsi.gov.uk

Consumer remedies for faulty goods – Law Commission

Posted November 11th, 2008 in consultations, consumer protection, defective goods, sale of goods by sally

“On 10 November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods.”

Full consultation paper

Law Commission, 10th November 2008

Source: www.lawcom.gov.uk

Statement from the Judicial Communications Office – Speech by Mr Paul Dacre – The Judiciary of England and Wales

Posted November 11th, 2008 in judiciary, media, news, privacy by sally

“This comment was issued in response to a speech by Mr Paul Dacre, Editor of the Daily Mail,  to the Society of Editors.”

Full statement 

The Judiciary of England and Wales, 10th November 2008

Source: www.judiciary.gov.uk

The Bar’s Efforts To Secure A Diverse Profession For The Long-Term Reflected In Intimate Portrait Of Life At The Bar – The Bar Council

Posted November 11th, 2008 in barristers, media, press releases by sally

“The first episode of a major new documentary will be broadcast this Friday on BBC 2.  The Barristers is an intimate portrait which details life at the Bar from aspiring barristers through to senior silks.”

Full press release

The Bar Council, 10th November 2008

Source: www.barcouncil.org.uk

R (Bassetlaw District Council) v Worksop Magistrates’ Court – WLR Daily

Posted November 11th, 2008 in law reports, licensing by sally

R (Bassetlaw District Council) v Worksop Magistrates’ Court; [2008] WLR (D) 350

On the determination under s 52 Licensing Act 2003 of an application for review of a premises licence in circumstances involving criminal conduct connected with the licensed premises, consideration must be given to what was necessary to promote the objective of crime prevention, and to the needs of the wider community, and not be limited to guidance and remedial action and to the needs of the licence-holders.”

WLR Daily, 10th 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.

Ali v Birmingham City Council; Ibrahim v Birmingham City Council – WLR daily

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Ali v Birmingham City Council; Ibrahim v Birmingham City Council [2008] EWCA Civ 1228; [2008] WLR (D) 349

A local housing authority’s discharge of its statutory duty to rehouse a homeless person in priority need where that person had refused an offer of suitable accommodation could not be challenged other than by administrative review subject appeal to the county court, which was the equivalent of judicial review rather than a full rehearing appeal, even where the sole issue for the reviewing officer was a simple one of primary fact. The European Court of Human Rights’ decision in Tsfayo v United Kingdom [2007] LGR 1 did not change the relevant law.”

WLR Daily, 10th 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 (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted November 11th, 2008 in fees, judicial review, law reports, protective costs orders by sally

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn [2008] EWCA Civ 1209; [2008] WLR (D) 348

On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”

 

WLR Daily, 10th 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.

Boreh v Ealing London Borough Council – Times Law Reports

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council

Court of Appeal

“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”

The Times, 11th 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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

Posted November 11th, 2008 in arbitration, enforcement, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 11th 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.

Telco faces £2m e-disclosure bill after failing to agree search words – OUT-LAW.com

Posted November 11th, 2008 in disclosure, news by sally

“A company’s £2 million trawl through documents for a court case will have to be redone because lawyers had not agreed the terms of the search, the High Court has said. The ruling could change the way companies conduct disclosure, said one expert.”

Full story

OUT-LAW.com, 11th November 2008

Source: www.out-law.com

Law Commissions want to keep UK consumers’ refund rights – OUT-LAW.com

Posted November 11th, 2008 in consumer protection, defective goods, news, sale of goods by sally

“UK consumers should be able to demand refunds for faulty goods despite attempts by the European Commission to undermine that right, the Law Commission and the Scottish Law Commission have said.”

Full story

OUT-LAW.com, 10th November 2008

Source: www.out-law.com

Stars at the Bar: Future stars at the Bar – Legal week

Posted November 11th, 2008 in barristers, news by sally

“Who are the Inns of Court A-listers of the future? Dominic Carman meets 10 up-and-coming young barristers who are being tipped for the top.”

Full story

Legal Week, 6th November 2008

Source: www.legalweek.com

Sex offender jailed for 11 years – BBC News

Posted November 11th, 2008 in news, sentencing, sexual offences by sally

“A former RAF serviceman who sexually abused and raped a Lincolnshire girl has been sent to jail for 11 years.”

Full story

BBC News, 10th November 2008

Source: www.bbc.co.uk

Tesco to outline case against moves to prevent larger stores dominating towns and villages – Daily Telegraph

Posted November 11th, 2008 in competition, news by sally

“Tesco bosses will outline their case against moves by the Competition Commission to prevent their larger stores dominating towns and villages.”

Full story 

Daily Telegraph, 11th November 2008

Source: www.telegraph.co.uk

Wife who sued lawyers over £1.4m divorce payout branded liar as she loses case – Daily Telegraph

Posted November 11th, 2008 in divorce, news by sally

“A divorcee who tried to sue her lawyers claiming that the £1.4 million settlement she received from her husband was not enough has been condemned as a liar and left almost penniless.”

Full story

Daily Telegraph, 11th November 2008

Source: www.telegraph.co.uk

Ex-officer jailed over sex abuse – BBC News

Posted November 11th, 2008 in child abuse, news, sentencing, sexual offences by sally

“A retired police officer has been jailed for four years after being convicted of a ‘systematic’ campaign of sex abuse against two young girls.”

Full story

BBC News, 10th November 2008

Source: www.bbc.co.uk

‘Indecent’ Jesus action stopped – BBC News

Posted November 11th, 2008 in artistic works, news, outraging public decency by sally

“An art gallery will not face any legal action over claims it displayed an indecent statue of Jesus Christ.”

Full story 

BBC News, 10th November 2008

Source: www.bbc.co.uk

QCs defend Justice Eady as newspapers accuse him of privacy law rulings – The Times

Posted November 11th, 2008 in judges, news, privacy by sally

“Four leading Queen’s Counsel have made an unprecedented defence of the judge accused by newspaper chiefs of singlehandedly creating a privacy law.”

Full story

The Times, 11th November 2008

Source: www.timesonline.co.uk