Libel success fees limited to 10% – Law Society’s Gazette

Posted March 5th, 2010 in costs, defamation, fees, media, news, solicitors by sally

“The success fees charged by lawyers in defamation cases will be cut by 90% after justice secretary Jack Straw laid an order to amend the laws on ‘no win, no fee’ agreements.”

Full story

Law Society’s Gazette, 5th March 2010

Source: www.lawgazette.co.uk

Protecting children – Home Office

Posted March 5th, 2010 in press releases by sally

“Today the Home Secretary, Alan Johnson, announced the roll-out of a pioneering scheme that will improve protection for children. The child sex offender disclosure scheme gives members of the public a formal mechanism to make enquires about people who are in contact with children.”

Full press release

Home Office, 3rd March 2010

Source: www.homeoffice.gov.uk

Bar Council Welcomes Government’s Decision to Create New Executive Agency to Administer Legal Aid – The Bar Council

Posted March 5th, 2010 in legal aid, Ministry of Justice, press releases by sally

“The Bar Council has welcomed the Ministry of Justice’s decision announced today to create a new executive agency to replace the Legal Services Commission (LSC) to administer legal aid.”

Full press release

The Bar Council, 3rd March 2010

Source: www.barcouncil.org.uk

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily

Posted March 5th, 2010 in appeals, hotels, law reports, trade marks, trade names by sally

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others [2010] EWCA Civ 110; [2010] WLR (D) 64

“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”

WLR Daily, 4th March 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 v Lancaster – WLR Daily

Posted March 5th, 2010 in appeals, benefits, false accounting, law reports, theft by sally

Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63

“Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material if it had the effect that the document was liable to mislead in a way which was significant, or in a way which mattered.”

WLR Daily, 4th March 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 v NW – WLR Daily

Posted March 5th, 2010 in appeals, law reports, public order, violent disorder by sally

Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62

“The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time.”

WLR Daily, 4th March 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.

Swansea benefit fraud businessman jailed over repayment – BBC News

Posted March 5th, 2010 in benefits, fraud, news, sentencing, suspended sentences by sally

“A businessman jailed for not fully paying £200,000 for falsely claiming benefits is being charged 8% compound interest on £166,000 he still owes.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Footballer jailed for “career ending” tackle – BBC News

Posted March 5th, 2010 in grievous bodily harm, news, sentencing, sport by sally

“A footballer has been jailed for six months for a ‘career ending’ tackle on another player.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Man jailed for fatal bus attack – The Independent

Posted March 5th, 2010 in careless driving, murder, news, sentencing by sally

“A bus driver who used his single-decker bus to knock down and kill a man who tried to confront him over damage caused to his pick-up truck was jailed for seven and a half years yesterday.”

Full story

The Independent, 5th March 2010

Source: www.independent.co.uk

Brown defends silence over jailing of Venables – The Independent

Posted March 5th, 2010 in confidentiality, criminal justice, media, news, release on licence by sally

“The Prime Minister has defended the Government’s refusal to explain why one of the murderers of James Bulger has been returned to prison, as new claims emerged that the killer had a recent history of violence and drug abuse.”

Full story

 The Independent, 5th March 2010

Source: www.independent.co.uk

Woman gets two years for false rape claims – The Guardian

Posted March 5th, 2010 in news, perverting the course of justice, rape, sentencing by sally

“A mother-of-three was today jailed for two years for falsely claiming she had been harassed and raped by an unknown stalker, despite protests from her family and anti-rape campaigners that she had been telling the truth.”

Full story

The Guardian, 4th March 2010

Source: www.guardian.co.uk

Plan to change war crimes law delayed by general election – The Guardian

Posted March 5th, 2010 in international law, news, private prosecutions, war crimes by sally

“Changes in the law to remove the threat of foreign politicians becoming victims of ‘politically motivated’ war crime arrests every time they visit Britain have been postponed until after the general election. The justice secretary, Jack Straw, said the decision to delay immediate legislation had been taken because the government recognised it was a controversial issue that involved the long-standing right of private prosecution.”

Full story

The Guardian, 5th March 2010

Source: www.guardian.co.uk

Sheringham defeats Tesco with vote for Clive Hay-Smith’s eco-store – The Times

Posted March 5th, 2010 in news by sally

“It was a little town without a Tesco, a curiosity in modern Britain, though no one expected that it would remain that way for very long. Sheringham, in Norfolk, has held out for 14 years against the advances of the all-conquering supermarket. Yesterday, against expectations and the advice of the town’s planning officials, the forces of Tesco were routed.”

Full story

The Times, 5th March 2010

Source: www.timesonline.co.uk

eBay golf club conman Gary Bellchambers jailed for four years – The Times

Posted March 5th, 2010 in news by sally

“The head of a global crime network that duped eBay customers into buying fake branded golf clubs was jailed yesterday.”

Full story

The Times, 5th March 2010

Source: www.timesonline.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

Posted March 4th, 2010 in contracts, damages, insurance, interest, news by sally

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

BBC Radio producer jailed over sex tapes – BBC News

Posted March 4th, 2010 in news, video recordings, voyeurism by sally

“A BBC radio producer who secretly filmed himself having sex with five different women has been jailed for eight months.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Woman who conned grandmother and fiance jailed – BBC News

Posted March 4th, 2010 in fraud, news, sentencing, theft by sally

“A conwoman who attempted to cheat her grandmother and fiance out of £160,000 has been jailed for three years.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Lords force rethink of government’s online piracy plans – BBC News

Posted March 4th, 2010 in bills, copyright, internet, news by sally

“The government has been defeated in the House of Lords over measures to tackle online piracy after opponents said the plans could hamper digital innovation.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 4th, 2010 in law reports by sally

Supreme Court

W (Children), Re (Rev 1) [2010] UKSC 12 (03 March 2010)

Lewis, R (on the application of) v Redcar and Cleveland Borough Council & Anor (Rev 1) [2010] UKSC 11 (03 March 2010)

Martin v Her Majesty’s Advocate [2010] UKSC 10 (03 March 2010)

Court of Appeal (Criminal Division)

R v W [2010] EWCA Crim 372 (02 March 2010)

NW, R v [2010] EWCA Crim 404 (03 March 2010)

Costello v R. [2010] EWCA Crim 371 (02 March 2010)

Lancaster, R. v [2010] EWCA Crim 370 (02 March 2010)

Gore, R v [2010] EWCA Crim 369 (01 March 2010)

Court of Appeal (Civil Division)

Myckoo (Jamaica), R (on the application of) v Secretary of State for the Home Department (Rev 1) [2010] EWCA Civ 160 (02 March 2010)

High Court (Queen’s Bench Division)

Webster & Ors v The Ridgeway Foundation School [2010] EWHC 318 (QB) (02 March 2010)

High Court (Administrative Court)

Albert Court Residents Association & Ors, R (on the application of) v Corporation of the Hall of Arts & Sciences [2010] EWHC 393 (Admin) (02 March 2010)

Matovu, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 357 (Admin) (01 March 2010)

High Court (Technology and Construction Court)

Gold Group Properties Ltd v BDW Trading Ltd [2010] EWHC 323 (TCC) (3 March 2010)

Source: www.bailii.org

Regina v W – WLR Daily

Posted March 4th, 2010 in appeals, law reports, misfeasance in public office, police, retrials by sally

Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61

“Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said to be criminal, proof that the defendant was dishonest was an essential ingredient of the offence.”

WLR Daily, 3rd March 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.