December 2008 – Page 9 – Current Awareness

Savage v South Essex Partnership NHS Foundation Trust – Times Law Reports

Posted December 11th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Savage v South Essex Partnership NHS Foundation Trust

House of Lords

“The right to life protected by article 2 of the European Convention on Human Rights imposed an operational obligation on medical authorities to do all that could reasonably be expected of them to prevent a patient detained in a mental hospital who was known to be at a real and immediate risk of committing suicide from doing so.”

The Times, 11th 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.

‘Feck’ is not an offensive word, rules ASA – OUT-LAW.com

Posted December 11th, 2008 in advertising, news by sally

“A poster for Magners cider that featured the words ‘Feck off bees’ has been cleared by the UK’s advertising watchdog. The word ‘feck’ is unlikely to be seen as a swearword, said the Advertising Standards Authority (ASA).”

OUT-LAW.com, 10th December 2008

Source: www.out-law.com

Brown adviser: Labour’s rights record dismal – The Guardian

Posted December 11th, 2008 in human rights, news by sally

“One of the eminent outsiders brought into Gordon Brown’s ‘government of all the talents’ has revealed that he quit in disgust at what he describes as Labour’s ‘dismal’ lack of political leadership on human rights.”

The Guardian, 11th December 2008

Source: www.guardian.co.uk

Leading legal figures review effectiveness of Law Society – Legal Week

Posted December 11th, 2008 in Law Society, news by sally

“A group of high-profile legal figures including Linklaters senior partner David Cheyne and Simmons & Simmons managing partner Mark Dawkins have questioned the effectiveness of the Law Society as a single regulator.”

Legal Week, 11th December 2008

Source: www.legalweek.com

Sir James Dyson in High Court attempt to see off rival vacuum design – Daily Telegraph

Posted December 11th, 2008 in news, patents by sally

“The tycoon Sir James Dyson, whose trademark ‘double cyclone’ vacuum cleaner has become a world beater, has gone to the High Court to try to block a rival design from Samsung Electronics.”

Full story

Daily Telegraph, 10th December 2008

Source: www.telegraph.co.uk

Gordon Brown refuses to back law allowing assisted suicides – The Times

Posted December 11th, 2008 in assisted suicide, news by sally

“Campaigners seeking to lift the ban on assisted suicide were dealt a blow yesterday when Gordon Brown repeated his opposition to a change in the law.”

The Times, 11th December 2008

Source: www.timesonline.co.uk

Three children a week – the death toll from abuse – The Independent

Posted December 11th, 2008 in child abuse, news by sally

“The true scale of child abuse in the UK was revealed yesterday when Christine Gilbert, the chief executive of the children’s services watchdog, told MPs that three children a week died as a result of abuse – more than triple the previous estimate.”

The Independent, 11th December 2008

Source: www.independent.co.uk

Company Names Tribunal’s first ruling: Coke Cola needs a new name – OUT-LAW.com

Posted December 11th, 2008 in brand names, news, tribunals by sally

“A company called Coke Cola Limited has been ordered to change its name and pay £700 to the Coca-Cola Company in the first ruling issued by the UK’s newly-formed Company Names Tribunal.”

OUT-LAW.com, 10th December 2008

Source: www.out-law.com

Egg is fined £700,000 for mis-selling insurance cover for payment protection – The Times

Posted December 11th, 2008 in banking, insurance, news by sally

“Egg, the online bank owned by Citigroup, has been fined £721,000 for ‘serious failings’ on sales of credit card payment protection insurance (PPI) to nearly half its customers over a three-year period. The bank may have to pay millions of pounds to customers in PPI refunds.”

The Times, 11th December 2008

Source: www.timesonline.co.uk

Single mothers forced to give father’s name on birth certificate – Daily Telegraph

Posted December 11th, 2008 in birth certificates, news, paternity by sally

“Single mothers will be forced to give the name of their child’s father on birth certificates so that they can be made to pay maintenance, under a Government clampdown on the benefits culture.”

Daily Telegraph, 10th December 2008

Source: www.telegraph.co.uk

UK runs ‘Guantanamo camps’, says detainees – The Independent

Posted December 11th, 2008 in asylum, detention, news by sally

“Asylum-seekers who claim to have been abused by British security guards accused the Government yesterday of running Guantanamo Bay-style detention camps.”

The Independent, 11th December 2008

Source: www.independent.co.uk

Plans to regulate barristers reach final stages – Legal Week

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

“The Bar Standards Board (BSB) is in the final stages of drawing up plans to regulate barristers, in preparation for the next round of reforms under the Legal Services Act (LSA).”

Legal Week, 11th December 2008

Source: www.legalweek.com

Daughter wins legal battle over mother’s suicide – The Independent

Posted December 10th, 2008 in hospitals, human rights, mental health, negligence, news, suicide by sally

“The daughter of a mentally-ill woman who walked out of a hospital and threw herself under a train has won the final round of her battle for the right to sue the local health trust for damages. ”

The Independent, 10th December 2008

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted December 10th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Crouch, R (on the application of) v Secretary of State for Health [2008] EWCA Civ 1365 (10 December 2008)

Cream Holdings Ltd & Ors v Davenport [2008] EWCA Civ 1363 (09 December 2008)

High Court (Chancery Division)

Kitfix Swallow Group Ltd v Great Gizmos Ltd [2008] EWHC 2723 (Ch) (12 November 2008)

Ellis v Ellis [2008] EWHC 2989 (Ch) (08 December 2008)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2008] EWHC 2848 (Comm) (21 November 2008)

High Court (Technology and Construction Court)

Yoram Amsalem (t/a MRE Building Contractors) v Raivid & Anor [2008] EWHC 3028 (TCC) (09 December 2008)

Source: www.bailii.org

Succession law changes ‘needed’ – BBC News

Posted December 10th, 2008 in constitutional law, Crown, news, succession by sally

“A cabinet minister has called for progress to be made on ending the 300-year old legal ban on Roman Catholics succeeding to the throne.”

BBC News, 10th December 2008

Source: www.bbc.co.uk

Civil Procedure Rule – Amendments – The Bar Council

Posted December 10th, 2008 in civil procedure rules, news by sally

“There are two new provisions which are outside the usual timetable for amendments to the CPR.”

The Bar Council, 10th December 2008

Source: www.barcouncil.org.uk

House of Lords Judgments: What’s New?

Posted December 10th, 2008 in law reports by sally

Knowsley Housing Trust (Respondents) v White (FC) (Appellant) Honeygan-Green (Respondent) v London Borough of Islington (Appellants) Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) [2008] UKHL 70 (10 December 2008)

Earl Cadogan (Appellant) v Pitts and another (Respondents) and one other action Earl Cadogan and others (Appellants) v Sportelli and another (Respondents) and two other actions [2008] UKHL 71 (10 December 2008)

R (On the Application of Wellington) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 72 (10 December 2008)

R v Chargot Limited (t/a Contract Services) and others (Appellants) (On appeal fromt he Court of Appeal Criminal Division) [2008] UKHL 73 (10 December 2008)

Savage (Respondent) v South Essex Partnership NHS Foundation Trust (Appellate) [2008] UKHL 74 (10 December 2008)

Source: www.parliament.uk

Simplification Plan 2008 – Ministry of Justice

Posted December 10th, 2008 in Ministry of Justice, news by sally

“The Ministry of Justice’s simplification plan 2008 shows our progress made since 2007 in delivering reductions in the administrative burdens that our regulations impose on businesses, charities and the voluntary sector. It also provides an update on how we have been reducing data requests and bureaucratic burdens on our own front-line staff. It sets out our future plans for delivering our promised 25% reduction by 2010 in the administrative burdens on the business and third sectors.”

Ministry of Justice, 10th December 2008

Source: www.justice.gov.uk

Definitive Sentencing Guidelines on theft and burglary (non-dwelling) and breach of an anti-social behaviour order – Sentencing Guidelines Council

Posted December 10th, 2008 in ASBOs, news, sentencing, theft by sally

“On 9 December 2008 the Sentencing Guidelines Council published its definitive guidelines ‘Theft and burglary in a building other than a dwelling’ and ‘Breach of an anti-social behaviour order’.”

Sentencing Guidelines Council, 9th December 2008

Source: www.sentencing-guidelines.gov.uk

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Posted December 10th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The correct standard of proof for establishing patentability was the balance of probabilities.”

The Times, 10th 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.

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