Buncefield firms to be prosecuted – BBC News

Posted December 1st, 2008 in fire, hazardous substances, health & safety, news by sally

“Five companies are to be prosecuted over the Buncefield oil depot fire, the Environment Agency has said.”

Full story

BBC News, 1st December 2008

Source: www.bbc.co.uk

Teenage rapper jailed for killing – BBC News

Posted December 1st, 2008 in homicide, news, sentencing, young offenders by sally

“A teenage rapper has been jailed for four-and-a-half years for killing a 16-year-old schoolboy in a row about lyrics posted on the internet.”

Full story

BBC News, 1st December 2008

Source: www.bbc.co.uk

Three suspended over Baby P case – BBC News

Posted December 1st, 2008 in child abuse, disciplinary procedures, news, social services by sally

“Three people have been suspended on full pay from Haringey Council after a ‘damning’ inspectors’ report into the case of Baby P.”

Full story

BBC News, 1st December 2008

Source: www.bbc.co.uk

Teacher faces ban for alleged indecent advances towards female pupils – The Times

Posted December 1st, 2008 in news, professional conduct, teachers by sally

” A primary school teacher accused of indecent behaviour towards his pupils could be struck off the teaching register today.”

Full story 

The Times, 1st December 2008

Source: www.timesonline.co.uk

Mother loses libel battle against ‘Ugly’ daughter – The Times

Posted December 1st, 2008 in defamation, news by sally

“A mother today lost her High Court libel action over allegations of cruelty, neglect and abuse in her daughter’s best-selling memoir, Ugly.”

Full story

The Times, 1st December 2008

Source: www.timesonline.co.uk

Schoolteacher on trial for hitting hand of girl pupil – Daily Telegraph

Posted December 1st, 2008 in corporal punishment, news, teachers by sally

“A schoolteacher has gone on trial accused of hitting the hand of a girl pupil during a design and technology lesson.”

Full story

Daily Telegraph, 1st December 2008

Source: www.telegraph.co.uk

Family sue over metal bar killing – BBC News

Posted December 1st, 2008 in criminal injuries compensation, news by sally

“The family of a man who was beaten to death with a metal bar outside an Oxfordshire pub are suing the people they believe are responsible.”

Full story

BBC News, 1st December 2008

Source: www.bbc.co.uk

City watchdog to be ‘intrusive’ in overseeing banks – Daily Telegraph

Posted December 1st, 2008 in banking, financial regulation, news by sally

“Hector Sants, the chief executive of the Financial Services Authority (FSA), said that banks must face tighter regulation and admitted the watchdog should have been more active before the financial crisis.”

Full story

Daily Telegraph, 1st December 2008

Source: www.telegraph.co.uk

Counsellor ‘sacked for refusing to work with gay couples’ – The Independent

Posted December 1st, 2008 in harassment, homosexuality, news, unfair dismissal by sally

“A Christian counsellor from Bristol is to take a charity to a tribunal after he was allegedly sacked for refusing to work with same-sex couples.”

Full story 

The Independent, 1st December 2008

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted December 1st, 2008 in law reports by sally

High Court (Administrative Court)

Breckland District Council & Ors v The Boundary Committee & Anor [2008] EWHC 2929 (Admin) (28 November 2008)

A (By His Litigation Friend, Mejzninin), R (on the application of) v London Borough of Croydon [2008] EWHC 2921 (Admin) (28 November 2008)

High Court (Chancery Division)

Zabihi v Janzemini & Ors [2008] EWHC 2910 (Ch) (28 November 2008)

Foster Wheeler Ltd v Hanley & Ors [2008] EWHC 2926 (Ch) (28 November 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 1st, 2008 in legislation by sally

The Electricity (Exemption from the Requirement for a Generation Licence) (Gunfleet Sands II) (England and Wales) Order 2008

The Electricity (Exemption from the Requirement for a Generation Licence) (Little Cheyne Court) (England and Wales) Order 2008

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008

Source: www.opsi.gov.uk

Louca v Office of Public Prosecutor in Bielefeld, Germany – WLR Daily

Posted December 1st, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Office of Public Prosecutor in Bielefeld, Germany; [2008] WLR (D) 373

The requirement in s 2(4)(b) of the Extradition Act 2003 that a European arrest warrant (EAW) contained ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ did not mean the particulars of any other EAWs that might previously have been issued in respect of the offence in the current EAW.”

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.

Kaczmarek v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2008 in EC law, law reports, social security by sally

Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310; [2008] WL (D) 372

An EU national who was lawfully present in the United Kingdom but had no right to reside under domestic or European law was not eligible for income support.”

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.


Intel Corpn Inc v CPM United Kingdom Ltd – WLR Daily

Posted December 1st, 2008 in EC law, law reports, trade marks by sally

Intel Corpn Inc v CPM United Kingdom Ltd (Case C-252/07); [2008] WLR (D) 371

A national court, considering an invalidity application brought by the proprietor of a registered trade mark with a reputation, had to take into account all the factors relevant to the circumstances of the case. Those factors included the fact that, for an average consumer who was reasonably well informed and observant a later trade mark called an earlier mark with a reputation to mind, was in principle tantamount to the establishment of such a link between the conflicting marks. But an absence of similarity between the product areas concerned could not be taken to imply the absence of such a link. Belief in an economic connection between the marks was not a necessary criterion.”

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.

City of London v Sancheti – Times Law Reports

Posted December 1st, 2008 in arbitration, law reports, stay of proceedings by sally

City of London v Sancheti

Court of Appeal

“A stay of an arbitration could be obtained only against a party to that arbitration agreement or a person claiming through such a party; a legal or commercial connection was not sufficient.”

The Times, 1st December 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.

Truro Diocesan Board of Finance Ltd v Foley – Times Law Reports

Posted December 1st, 2008 in landlord & tenant, law reports, leases by sally

Truro Diocesan Board of Finance Ltd v Foley

Court of Appeal

“Whether an agreement by deed to grant a tenancy constituted a grant of the tenancy depended on the intention of the parties. An agreement would usually be construed as a lease if it contained present words of demise. ”

The Times, 1st December 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.

Regina (Downs) v Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports

Posted December 1st, 2008 in health & safety, law reports, pesticides by sally

Regina (Downs) v Secretary of State for the Environment, Food and Rural Affairs

Queen’s Bench Division

“Crop spraying controls applied by the Secretary of State for the Environment, Food and Rural Affairs did not properly comply with obligations imposed by the European Union.”

The Times, 1st December 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.

Views sought on draft Family Procedure Rules – Ministry of Justice

Posted December 1st, 2008 in consultations, family courts by sally

“The Family Procedure Rule Committee is seeking views on draft new Family Procedure Rules.”

Full consultation

Ministry of Justice, 28th November 2008

Source: www.justice.gov.uk

Dicey Revisited: Separation of powers for the 21st century – speech by Lord Justice Leveson

Posted December 1st, 2008 in constitutional law, judiciary, speeches by sally

“Dicey Revisited: Separation of powers for the 21st century.”

Full speech (PDF)

The Judiciary of England and Wales, 28th November 2008

Source: www.judiciary.gov.uk

Police shoot man dead in Guildford – The Independent

Posted December 1st, 2008 in complaints, firearms, news, police by sally

“The police shooting of a man outside a cathedral was being investigated today. The Independent Police Complaints Commission (IPCC) launched a inquiry into the killing outside Guildford Cathedral, Surrey, yesterday afternoon.”

Full story

The Independent, 1st December 2008

Source: www.independent.co.uk