Marine Bill enters final stages – BBC News
“The Marine and Coastal Access Bill, which will establish a series of marine conservation zones around England and Wales, is set to finally become law.”
BBC News, 11th November 2009
Source: www.bbc.co.uk
Month: November 2009
Gloom today, merger tomorrow – The Times
“The City legal market could be set for a wave of mergers between mid-sized firms as they fight to remain competitive.”
The Times, 12th November 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Patel & Anor, R. v [2009] EWCA Crim 2311 (12 November 2009)
TH, R v [2009] EWCA Crim 2278 (12 October 2009)
Court of Appeal (Civil Division)
Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 1176 (11 November 2009)
Patel & Anor v Keles & Anor [2009] EWCA Civ 1187 (12 November 2009)
High Court (Queen’s Bench Division)
Fitzalan-Howard (Norfolk) & Anor v Hibbert [2009] EWHC 2855 (QB) (12 November 2009)
Lonzim Plc & Ors v Sprague [2009] EWHC 2838 (QB) (11 November 2009)
High Court (Administrative Court)
Source: www.bailii.org
Regina v Gilham – WLR Daily
Regina v Gilham [2009] EWCA Crim 2293; [2009] WLR (D)
“In relation to the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be established that there has been copying of the whole or a substantial part of a copyright work, but it was not necessary to consider a computer game as a whole because copyright also subsisted in the various drawings which resulted in the images shown on the television screen or monitor.”
WLR Daily, 10th November 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.
In re Lehman Brothers International (Europe) (in administration) (No 2) – WLR Daily
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction a scheme of arrangement which extended to the release of rights over property held by the company under a trust since it did not constitute a compromise or arrangement between the company and its creditors within s 899 of the 2006 Act.”
WLR Daily, 10th November 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.
Perpetual Trustee Co Ltd and another v BNY Corporate Trustee Services Ltd and another Butters and others (joint administrators of WW Realisation 8 Ltd and another) v BBC Worldwide Ltd and others – WLR Daily
“The anti-deprivation rule, which as a matter of public policy prevented parties from contracting out of the insolvency legislation by removing assets otherwise available for creditors, did not apply to complex contractual provisions by which investors were granted rights over assets derived from their own moneys, rights which were modified when an event of default happened, or to licence termination and share option provisions operative on insolvency which did not contravene the Insolvency Act 1986. The rule did not normally apply to a deprivation completed before the liquidation, bankruptcy or its equivalent occurred.”
WLR Daily, 10th November 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.
Sienkiewicz (administratrix of the estate of Enid Costello decd) v Greif (UK) Ltd – WLR Daily
“A claimant bringing an action in tort for exposure to asbestos dust resulting in mesothelioma was required to establish that the tortious exposure had materially increased the risk of contracting the disease.”
WLR Daily, 10th November 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.
Bar Charities Launch Friends in Law Scheme – The Bar Council
“The Bar Pro Bono Unit and the Free Representation Unit are today launching a new scheme which will see sets of chambers encouraged to contribute to the Pro Bono work which is co-ordinated by the Units. The scheme, called ‘Friends in Law’, has generated significant support with eight leading sets of chambers already members.”
The Bar Council, 11th November 2009
Source: www.barcouncil.org.uk
In re Lehman Brothers International (Europe) (in Administration) (No 2) – Times Law Reports
In re Lehman Brothers International (Europe) (in Administration) (No 2)
Court of Appeal
“A scheme of arrangement under Part 26 of the Companies Act 2006 required the arrangement to be made between the company and its creditors. Former clients of the company with proprietary interests held by the company in trust were not creditors, with the result that the court had no jurisdiction to sanction a scheme of arrangement which included those proprietary interests.”
The Times, 12th November 2009
Source: www.timesonline.co.uk
BTA Bank JSC v Ablyazov and Others – Times Law Reports
BTA Bank JSC v Ablyazov and Others
Court of Appeal
“Section 13 of the Fraud Act 2006 removed the privilege against self-incrimination in respect of an offence under section 328 of the Proceeds of Crime Act 2002 which covered entering or becoming concerned in an arrangement which facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person.”
The Times, 12th November 2009
Source: www.timesonline.co.uk
Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another – Times Law Report
Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another
Court of Appeal
“The police could retain property they seized after the Crown Prosecution Service decided not to prosecute but a private prosecution was being contemplated or taking place.”
The Times, 11th November 2009
Source: www.timesonline.co.uk
Grainger plc v Nicholson – Times Law Reports
Employment Appeal Tribunal
“An asserted philosophical belief that mankind was heading towards catastrophic climate change and the claimant had a moral duty to lead a life in a manner that mitigated that catastrophe for the benefit of future generations and to persuade others to do the same, if genuinely held, was capable of attracting legal protection under equal treatment legislation.”
Times Law Reports, 11th November 2009
Source: www.timesonline.co.uk
Judges follow sentence guidelines – BBC News
“Following the detention of a teenager who kidnapped and raped a five-year-old boy, eight days after avoiding custody for another child rape, the BBC investigates the sentencing process.”
BBC News, 11th November 2009
Source: www.bbc.co.uk
Teenage attacker behind bars after second child rape – The Independent
“A teenage sex attacker who raped a five-year-old boy days after being spared a custodial sentence for a previous attack was locked up for almost three years today.”
The Independent, 11th November 2009
Source: www.independent.co.uk
£500,000 maximum fine for data protection breaches: Government consults – OUT-LAW.com
“The Information Commissioner’s Office (ICO) would have the power to fine organisations up to £500,000 for serious breaches of data protection principles under plans announced this week by the Ministry of Justice.”
OUT-LAW.com, 11th November 2009
Source: www.out-law.com
The Big Question: Why is Britain’s DNA database the biggest in the world, and is it effective? – The Independent
“Why are we asking this now?
The Home Office has announced a sweeping overhaul of the world’s largest DNA database, which now contains the genetic profiles of more than five million Britons. Civil liberties anger has focussed on the inclusion of samples taken from everyone arrested by police, regardless of whether they have ever been found guilty of an offence.”
The Independent, 12th November 2009
Source: www.independent.co.uk
Thanks a million – downturn makes no dent in seven-figure pay of top lawyers – The Times
“Hundreds of partners at the City’s leading law firms earned more than £1 million this year, despite the sudden downturn in the commercial legal market.”
The Times, 12th November 2009
Source: www.timesonline.co.uk
Speech by Mr Justice Eady – Judiciary of England and Wales
Speech by Mr Justice Eady (PDF)
University of Hertfordshire, 10th November 2009
Source: www.judiciary.gov.uk
Last-ditch bid for ‘gay hate’ law – BBC News
“The government is bidding to overturn a defeat in the House of Lords over new laws criminalising ‘homophobic hatred’.”
BBC News, 12th November 2009
Source: www.bbc.co.uk
Police may scrap scheme to keep tabs on activists – The Guardian
“The head of Britain’s police chiefs has said that a scheme to monitor political campaigners may be scrapped as part of plans to make national policing more accountable.”
The Guardian, 11th November 2009
Source: www.guardian.co.uk
