Month: October 2009

College of Law Inside Track Podcast: Simon Myerson QC- Life at the Bar and advice on gaining pupillage – Charon QC

Posted October 26th, 2009 in barristers, podcasts, pupillage by sally

“I talk to Simon Myerson QC. He considers the OLPAS form, the pupillage process, how best to prepare for pupillage interviews and the likely legal landscape for those who wish to join the Bar. He is generally optimist about the future and his advice is that it is a good career, if you are good. Simon Myerson’s blog Pupillage and How to get it is essential reading for prospective barristers.”

Podcast

Charon QC, 26th October 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Peaceful protesters included on police database of ‘domestic extremists’ – Daily Telegraph

Posted October 26th, 2009 in data protection, demonstrations, news, police by sally

“Peaceful protesters are being included on a national police database of activists including animal rights activists, far-right groups and other ‘domestic extremists’, according to reports.”

Full story

Daily Telegraph, 26th October 2009

Source: www.telegraph.co.uk

Hunt v AB – WLR Daily

Posted October 26th, 2009 in law reports, malicious prosecution by sally

Hunt v AB [2009] EWCA Civ 1092; [2009] WLR (D) 305

“In order to found a cause of action in tort for malicious prosecution against a complainant, it had to be shown that the complainant had deliberately manipulated the police and the CPS into taking a course which they would not otherwise have taken.”

WLR Daily, 23rd October 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.

R (Boggis) and another v Natural England – WLR Daily

Posted October 26th, 2009 in EC law, law reports, planning, sites of special scientific interest, statutory interpretation by sally

R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304

“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”

WLR Daily, 23rd October 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.

Regina v Ghulam – Times Law Reports

Posted October 26th, 2009 in law reports by sally

Regina v Ghulam

Court of Appeal (Criminal Division)

“Evidence from two or more doctors was required only before plea for a determination that a defendant was unfit to plead.”

The Times, 26th October 2009

Source: www.timesonline.co.uk

In re Ludlam (Bankrupts) – Times Law Reports

Posted October 26th, 2009 in law reports by sally

In re Ludlam (Bankrupts)

Chancery Division

“For an extended civil restraint order to be issued, making someone a vexatious litigant, three unmeritorious claims or applications were the bare minimum to satisfy the requirement of persistence.”

The Times, 26th October 2009

Source: www.timesonline.co.uk

Wilson v Health and Safety Executive, Equality and Human Rights Commission intervening – Times Law Reports

Posted October 26th, 2009 in law reports by sally

Wilson v Health and Safety Executive, Equality and Human Rights Commission intervening

Court of Appeal

“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”

The Times, 26th October 2009

Source: www.timesonline.co.uk

‘Anti-slavery laws’ before Lords – BBC News

Posted October 26th, 2009 in false imprisonment, forced labour, news, trafficking in human beings by sally

“The House of Lords is expected to vote later on proposed new laws for England and Wales to deal with what campaigners are calling modern-day slavery.”

Full story

BBC News, 26th October 2009

Source: www.bbc.co.uk

Vulnerable children put at risk by plans to cut family legal aid, say lawyers – The Times

Posted October 26th, 2009 in news by sally

“Ministers are pressing ahead with huge cuts in legal aid fees for lawyers who handle cases involving vulnerable children and families, despite warnings from the most senior family judge.”

Full story

The Times, 26th October 2009

Source: www.timesonline.co.uk

House of Lords to back libel law changes – The Guardian

Posted October 26th, 2009 in defamation, freedom of expression, news by sally

“Freedom of speech campaigners are claiming victory as the House of Lords is expected to back changes removing ‘anachronistic’ laws which have criminalised libel for more than 700 years.”

Full story

The Guardian, 25th October 2009

Source: www.guardian.co.uk

Family courts crisis means long waits for vulnerable children – The Times

Posted October 26th, 2009 in news by sally

“Children are waiting for more than a year for crucial decisions on where they are to live because of a crisis in the family courts service.”

Full story

The Times, 26th October 2009

Source: www.timesonline.co.uk

Court of protection receives more than 2,000 complaints a year – Daily Telegraph

Posted October 26th, 2009 in complaints, Court of Protection, news by sally

“A court set up to look after the financial interests of people suffering from mental incapacity through illness, accident or dementia has sparked more than 2,000 complaints a year since it was set up.”

Full story

Daily Telegraph, 25th October 2009

Source: www.telegraph.co.uk

Court victory for woman sued by her alleged rapist – The Sunday Times

Posted October 26th, 2009 in news by sally

“A woman who spent her life savings fighting her alleged rapist after he tried to sue her tells of her 14-year ordeal.”

Full story

The Sunday Times, 25th October 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted October 24th, 2009 in legislation by sally

The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009

The Identity Cards Act 2006 (Prescribed Information) Regulations 2009

The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

The Artist’s Resale Right (Amendment) Regulations 2009

The Transfer of Tribunal Functions Order 2009

The Misuse of Drugs Act 1971 (Amendment) Order 2009

The Identity Cards Act 2006 (Fees) Regulations 2009

The Council Tax and Non-Domestic Rating (Electronic Communications) (Wales) Order 2009

The Staffing of Maintained Schools (Wales) (Amendment) Regulations 2009

The Conwy (Llandudno and Conwy) Order 2009

The Wrexham (Communities) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted October 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hunt v AB [2009] EWCA Civ 1092 (22 October 2009)

Yarl’s Wood Immigration Ltd & Ors v Bedfordshire Police Authority [2009] EWCA Civ 1110 (23 October 2009)

Generics UK Ltd v Synaptech Inc [2009] EWCA Civ 1119 (16 October 2009)

Wilkinson v Secretary of State for Work and Pensions [2009] EWCA Civ 1111 (23 October 2009)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd [2009] EWCA Civ 1062 (22 October 2009)

Joseph & Ors v Spiller & Anor [2009] EWCA Civ 1075 (22 October 2009)

High Court (Chancery Division)

Pocket Kings Ltd v Safenames Ltd & Anor [2009] EWHC 2529 (Ch) (16 October 2009)

High Court (Commercial Court)

Bank of New York Mellon v GV Films [2009] EWHC 2338 (Comm) (15 September 2009)

High Court (Technology and Construction Court)

Estor Ltd v Multifit (UK) Ltd [2009] EWHC 2565 (TCC) (23 October 2009)

Source: www.bailii.org

Judge slams use of partner instead of wife – Daily Telegraph

Posted October 24th, 2009 in judges, news by sally

“Old fashioned chivalry or just old fashioned? A judge has taken the extraordinary step of disrupting a court case to express his exasperation at the modern use of the word partner in place of wife.”

Full story

Daily Telegraph, 23rd October 2009

Source: www.telegraph.co.uk

Immigration judges: ‘Afghanistan is not in a state of war’ – The Independent

Posted October 24th, 2009 in Afghanistan, asylum, deportation, immigration, news, tribunals by sally

“Hundreds of Afghans living in Britain face being deported after immigration judges ruled that their home country’s bloody conflict did not make the region an unsafe place to return failed asylum-seekers.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Black detective claims racial discrimination against Met – Daily Telegraph

Posted October 24th, 2009 in employment tribunals, news, police, race discrimination by sally

“A black detective who was racially abused by two of the former Stephen Lawrence murder suspects is claiming that Metropolitan Police discriminated against him at work.”

Full story

Daily Telegraph, 23rd October 2009

Source: www.telegraph.co.uk

Former PC jailed for having sex on-duty – The Independent

Posted October 24th, 2009 in misfeasance in public office, news, police, sentencing by sally

“A former police officer who had sex with a pole dancer while on duty was jailed today for four years.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Judge claims prisoners sentenced to six months serve ‘just a few days’ – Daily Telegraph

Posted October 24th, 2009 in assault, early release, news, prisons, sentencing by sally

“A judge allowed a man convicted of assault to walk free from court as he questioned whether offenders sentenced to six months or less serve more than a few days in prison.”

Full story

Daily Telegraph, 24th October 2009

Source: www.telegraph.co.uk