06/05/2009 – Current Awareness

The Executive Committees of Inner Temple and Middle Temple have agreed to commission a feasibility study to investigate the potential benefits of merging their Libraries and creating a Joint Education and Advocacy Centre.

The study will be overseen by a working group chaired jointly by Master Jonathan Hirst for Inner Temple and Master Stanley Burnton, Deputy Treasurer, for Middle Temple.

The results of the study are likely to be available in the late summer and no decisions are anticipated until much later in the year, after full consultation with staff and consideration by the relevant Inn Committees, Bench Table and Parliament.

In particular, no assumption has been made as to which Inn would house the Library and which the Education Centre, should the project proceed.

Vivian Robinson QC
Treasurer

House of Lords Judgments: What’s New?

Posted May 6th, 2009 in law reports by sally

Secretary of State for Justice (Respondent) v James (FC) (Appellant) (formerly Walker and another)
R (on the application of Lee) (FC) (Appellant) Secretary of State for Justice (Respondent) v James (FC) (Appellant) (formerly Walker and another); R (on the application of Lee) (FC) (Appellant) v Secretary of State for Justice (Respondent) and one other action Secretary of State for Justice (Respondent) and one other action [2009] UKHL 22 (6 May 2009)

Secretary of State for the Home Department (Respondent) v Nasseri (FC)(Appellant) [2009] UKHL 23 (6 May 2009)

Source: www.parliament.uk

Inquests into the deaths of service personnel in operations and exercises overseas – Ministry of Justice

Posted May 6th, 2009 in armed forces, inquests, news by sally

“Justice Minister Bridget Prentice has made a written ministerial statement about the deaths of servicemen and women overseas.”

Full story

Ministry of Justice, 5th May 2009

Source: www.justice.gov.uk

Union Railways (North) Ltd and another v Kent County Council – WLR Daily

Posted May 6th, 2009 in compensation, compulsory purchase, law reports by sally

Union Railways (North) Ltd and another v Kent County Council [2009] EWCA Civ 363; [2009] WLR (D) 143

“In a compulsory purchase order case in which applicable notices to treat had been served on the landowner, but not on a company which claimed previously to have acquired certain rights partly over land acquired under the order, the company was not excluded per se by reason of s 22 of the Compulsory Purchase Act 1965 from making a reference to the Lands Tribunal seeking compensation.”

WLR Daily, 5th May 2009

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.

National Commercial Bank Jamaica Ltd v Olint Corporation Ltd – Times Law Reports

Posted May 6th, 2009 in banking, fraud, injunctions, law reports by sally

National Commercial Bank Jamaica Ltd v Olint Corporation Ltd

Privy Council

A bank was entitled to close the accounts of a customer company against which allegations of fraud had been made. The Privy Council so held in giving reasons for having allowed, on January 26, 2009, an appeal by National Commercial Bank Jamaica Ltd against the Court of Appeal of Jamaica which in allowing an appeal by Olint Corp Ltd from Mr Justice Jones, it granted the company injunctions until trial restraining the bank from closing its accounts.

The Times, 6th May 2009

Source: www.timesonline.co.uk

Red River UK Ltd and Another v Sheikh and Another – Times Law Reports

Posted May 6th, 2009 in appeals, costs, law reports by sally

Red River UK Ltd and Another v Sheikh and Another

Court of Appeal

“Where an appeal was compromised, the parties were under a duty to inform the court before the hearing so that unnecessary costs were not incurred and court time wasted.”

The Times, 6th May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Pritchard Joyce & Hinds (A Firm) v Batcup & Anor [2009] EWCA Civ 369 (05 May 2009)

High Court (Chancery Division)

Rahme v Smith & Williamson Trust Corporation Ltd [2009] EWHC 911 (Ch) (30 April 2009)

High Court (Queen’s Bench Division)

Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2009] EWHC 909 (QB) (05 May 2009)

Dowson & Ors v Northumbria Police [2009] EWHC 907 (QB) (30 April 2009)

High Court (Family Division)

TF & Anor, Re [2008] EWHC 3467 (Fam) (17 October 2008)

High Court (Administrative Court)

General Medical Council, R (on the application of) v Saadien-Raad [2009] EWHC 914 (Admin) (23 April 2009)

High Court (Commercial Court)

Ts Lines Ltd. v Delphis NV [2009] EWHC 933 (Comm) (25 February 2009)

High Court (Technology and Construction Court)

Siemens Building Technologies FE Ltd v Supershield Ltd [2009] EWHC 927 (TCC) (01 May 2009)

Source: www.bailii.org

Ex-City lawyer wins right to sue for £5m over Catholic school abuse – The Times

Posted May 6th, 2009 in child abuse, clergy, news by sally

“The Roman Catholic Church in Britain could face a surge of US-style compensation claims over child abuse after a former City lawyer yesterday won the right to claim £5 million in damages.”

Full story

The Times, 6th May 2009

Source: www.timesonline.co.uk

Legal costs threaten journalism, editors tell MPs – The Guardian

Posted May 6th, 2009 in costs, defamation, media, news by sally

“Editors including the Guardian’s Alan Rusbridger warned MPs yesterday that the ‘chilling’ costs of legal action were increasingly deterring investigative journalism.”

Full story

The Guardian, 5th May 2009

Source: www.guardian.co.uk

Fraud tempts more directors of insolvent companies – The Times

Posted May 6th, 2009 in company directors, fraud, insolvency, news by sally

“The number of directors of insolvent companies disqualified for financial crime is soaring as the recession takes hold, according to government figures.”

Full story

The Times, 4th May 2009

Source: www.timesonline.co.uk

Convicted teenager Kane Beales wins legal fight over ‘shame’ jackets – The Times

Posted May 6th, 2009 in community service, news by sally

“A convicted teenager who refused to wear a high visibility jacket labelled ‘Community Payback’ was today told by a court that he had a ‘reasonable excuse’.”

Full story

The Times, 5th May 2009

Source: www.timesonline.co.uk

Judge attacks low-cost alcohol – Daily Telegraph

Posted May 6th, 2009 in alcohol abuse, news by sally

“A judge criticised the low cost of alcohol after being told a young defendant drank 24 cans of Stella Artois lager a day despite being unemployed.”

Full story

Daily Telegraph, 5th May 2009

Source: www.telegraph.co.uk

Savage response: barred shock jock vows to sue – The Independent

Posted May 6th, 2009 in defamation, news by sally

“A US radio presenter barred from entering Britain said today he would sue the British government for defamation after his name was published on an official list of ‘promoters of hate’.”

Full story

The Independent, 6th May 2009

Source: www.independent.co.uk

Capital sees rise in terror stops – BBC News

Posted May 6th, 2009 in news, stop and search, terrorism by sally

“Somebody in London is stopped and searched every three minutes, according to new figures obtained by BBC London.”

Full story

BBC News, 6th May 2009

Source: www.bbc.co.uk

Mother jailed for leaving toddler home alone – Daily Telegraph

Posted May 6th, 2009 in child neglect, news, sentencing by sally

“A mother who left her two-year-old daughter home alone while she went out shopping has been jailed for nine months.”

Full story

Daily Telegraph, 5th May 2009

Source: www.telegraph.co.uk

Government will clarify consumer law to encourage e-commerce – OUT-LAW.com

Posted May 6th, 2009 in consumer protection, news by sally

“The Government plans to clarify and simplify consumers’ rights in a bid to encourage online shoppers to make more use of them. It will publish a plan in the summer for helping shoppers to understand and exercise their rights.”

Full story

OUT-LAW.com, 6th May 2009

Source: www.out-law.com

Ex-detective backs miscarriage of justice claim – The Guardian

Posted May 6th, 2009 in miscarriage of justice, murder, news, public interest immunity by sally

“A former detective now working as a private investigator says that a file seized from him by police last year could hold key information about an alleged miscarriage of justice. His claim is the latest concern to be raised in the case, which involved another officer since convicted of corruption.”

Full story

The Guardian, 5th May 2009

Source: www.guardian.co.uk