Day: 23 February 2010
BT ‘breaking law on cancellation rights’ – The Times
“BT, the telecoms giant, may be breaking the law by not providing sufficient cancellation rights to existing telephone customers who sign up to renewable contracts over the phone, according to Which?, the consumer group.”
The Times, 22nd February 2010
Source: www.timesonline.co.uk
Neuberger MR calls for regulatory reform as ABS timeline is unveiled – The Lawyer
“The Master of the Rolls Lord Neuberger has called for the regulatory ‘maze’ introduced by the Legal Services Act (LSA) to be simplified by the Legal Services Board (LSB).”
The Lawyer, 23rd February 2010
Source: www.thelawyer.com
Simon Singh in court to appeal ruling over Guardian article – The Guardian
“The science writer Simon Singh is in court today to appeal against a preliminary libel ruling over a Guardian article in which he criticised the British Chiropractic Association (BCA).”
The Guardian, 23rd February 2010
Source: www.guardian.co.uk
Tesco fined over mice in aisles at Suffolk store – BBC News
“Tesco has been ordered to pay £74,000 in fines and costs after mice were seen between the aisles of a Suffolk store.”
BBC News, 23rd February 2010
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Robot Arenas Ltd & Anor v Waterf1eld & Anor [2010] EWHC 115 (QB) (08 February 2010)
High Court (Chancery Division)
Moore v Hotelplan Ltd (t/a Inghams Travel) & Anor [2010] EWHC 276 (Ch) (22 February 2010)
Financial Services Authority v Anderson & Ors [2010] EWHC 308 (Ch) (22 February 2010)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Road Vehicles (Construction and Use) (Amendment) Regulations 2010
The Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 2010
The Notification of Conventional Tower Cranes Regulations 2010
The Environmental Noise (England) (Amendment) Regulations 2010
The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) Order 2010
The Community Task Force (Miscellaneous Provisions) Order 2010
The Social Security (Community Task Force) Regulations 2010
Source: www.opsi.gov.uk
The ethics of professionalism in the 21st century – Speech by Lord Neuberger of Abbotsbury
The ethics of professionalism in the 21st century (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Inner Temple Lecture Series, 22nd February 2010
Source: www.judiciary.gov.uk
Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily
Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); [2010] WLR (D) 46
“The effect of regs 3 and 4 of the Street Works (Maintenance) Regulations 1992, when read with s 81 of the New Roads and Street Works Act 1991, was that an highway and street authority could not make a valid charge against a statutory undertaker for emergency works which the authority had carried out to secure apparatus for which the undertaker was responsible unless the undertaker had failed to afford the authority facilities to inspect the apparatus and unless the authority’s belief that the apparatus had not been maintained were informed by a subsidence or disturbance of the road surface.”
WLR Daily, 22nd February 2010
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 (G) v Governors of X School and Others – Times Law Reports
Regina (G) v Governors of X School and Others
Court of Appeal
“A teacher was entitled to legal representation in disciplinary proceedings which might lead to a referral to the Secretary of State for Children School and Families, who could bar him from teaching children.”
The Times, 23rd February 2010
Source: www.timesonline.co.uk
Regina (Davies and Another) v Revenue and Customs Commissioners; Regina (Gaines-Cooper) v Same – Times Law Reports
Regina (Davies and Another) v Revenue and Customs Commissioners; Regina (Gaines-Cooper) v Same
Court of Appeal
“The Revenue had not altered its interpretation or guidance in assessing whether taxpayers had achieved non-resident status.”
The Times, 23rd February 2010
Source: www.timesonline.co.uk
Regina v H (Criminal propensity) – Times Law Reports
Regina v H (Criminal propensity)
Court of Appeal
“Evidence of criminal propensity on the part of a person other than the defendant might be admissible under the provisions of section 100 of the Criminal Justice Act 2003 which dealt with bad character.”
The Times, 23rd February 2010
Source: www.timesonline.co.uk
Depressed dog handler forgot about alsatians he left to die in hot car – The Times
“A police dog handler who caused the death of two alsatians by leaving them in a hot car should have been treated for depression, a judge said yesterday.”
The Times, 23rd February 2010
Source: www.timesonline.co.uk
Punishment must fit the crime when paying tax bills late – The Times
“As the recession began to bite, the Chancellor gave an undertaking that HM Revenue & Customs would take a more accommodating approach to businesses that genuinely had difficulty in making tax payments on time. However, as the recession has progressed and tax revenues have plummeted, this undertaking has often been less apparent in practice.”
The Times, 23rd February 2010
Source: www.timesonline.co.uk
Heathrow third runway plans face legal challenge – BBC News
“Environmental groups, local councils and residents opposed to a third runway at Heathrow are beginning a legal challenge to the government’s plans.”
BBC News, 23rd February 2010
Source: www.bbc.co.uk
Female NHS manager jailed for sexual assault on woman colleague – Daily Telegraph
“A senior NHS manager has been jailed for subjecting a female colleague to a violent and humiliating sexual assault while the two women shared a hotel room.”
Daily Telegraph, 23rd February 2010
Source: www.telegraph.co.uk
Has the John Terry case doomed super-injunctions? – BBC News
“The lifting of so called super-injunctions in the cases of the footballer John Terry and the multi-national company Trafigura have been heralded by the papers as victories for the press in the battle over tightening publication laws.”
BBC News, 23rd February 2010
Source: www.bbc.co.uk
Family court reforms face opposition from judges and childrens’ groups – The Times
“Reforms to open up the family courts to the media are at risk of being scuppered by mounting opposition from senior judges, lawyers, children’s groups and MPs, The Times has learnt.”
The Times, 23rd February 2010
Source: www.timesonline.co.uk
Crown Prosecution Service in London is ‘near meltdown’ – The Independent
“Parts of the Crown Prosecution Service in London are in ‘meltdown’ with criminals being handed ‘get out of jail free cards’ while ‘open and shut’ cases are being thrown out of court, a memo seen by The Independent claims.”
The Independent, 23rd February 2010
Source: www.independent.co.uk