Axing provocation defence ‘not sensible’ – Lord Judge – BBC News

Posted December 16th, 2010 in domestic violence, murder, news, provocation by sally

“New laws aimed at protecting female victims of domestic violence have come under fire from the Lord Chief Justice of England and Wales.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

Tuition fees rise ‘contravenes human rights law’ – The Guardian

Posted December 16th, 2010 in fees, human rights, news, universities by sally

“Allowing universities to charge students up to £9,000 a year is contrary to human rights law, according to a legal opinion published today.”

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The Guardian, 16th December 2010

Source: www.guardian.co.uk

Matt Lucas wins payout over ‘grossly intrusive’ Daily Mail article – The Guardian

Posted December 16th, 2010 in damages, media, news, privacy by sally

“Comedian and actor Matt Lucas today won substantial undisclosed damages and an apology over a ‘grossly intrusive’ and inaccurate Daily Mail article in the wake of his ex-partner’s death.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2010 in legislation by sally

The Plant Health (England) (Amendment) (No. 2) Order 2010

The Turks and Caicos Islands Constitution (Interim Amendment) (Amendment) Order 2010

The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010

The Double Taxation Relief and International Tax Enforcement (Belgium) Order 2010

The Double Taxation Relief and International Tax Enforcement (Federal Republic of Germany) Order 2010

The Double Taxation Relief and International Tax Enforcement (Cayman Islands) Order 2010

The Double Taxation Relief and International Tax Enforcement (Georgia) Order 2010

The Double Taxation Relief and International Tax Enforcement (Hong Kong) Order 2010

The Double Taxation Relief and International Tax Enforcement (Malaysia) Order 2010

The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

The Iran (United Nations Sanctions) (Amendment) Order 2010

The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

Pink Floyd Music Ltd and another v EMI Records Ltd – WLR Daily

Posted December 16th, 2010 in anonymity, appeals, law reports, private hearings by sally

Pink Floyd Music Ltd and another v EMI Records Ltd [2010] EWCA Civ 1429; [2010] WLR (D) 329

“The Court of Appeal should not depart from the general rule that litigation was to be conducted in public unless a judge of that court was persuaded that there were cogent grounds for doing so.”

WLR Daily, 16th December 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.

Gill v Woodall and others – WLR Daily

Posted December 16th, 2010 in law reports, married persons, mental health, undue influence, wills by sally

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th December 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 (Edwards and another) v Environment Agency and others – WLR Daily

Posted December 16th, 2010 in costs, environmental protection, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327

“The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. Decisions as to whether the receiving party should receive less than 100% of the assessed costs were reserved to the court.”

WLR Daily, 15th December 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.

JSC BTA Bank v Kythreotis and others – WLR Daily

Posted December 16th, 2010 in contempt of court, freezing injunctions, law reports, third parties by sally

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th December 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.

Court closures may impede ‘easy access to justice’ – BBC News

Posted December 16th, 2010 in courts, news by sally

“Closing 93 magistrates’ courts could have a ‘serious impact’ on access to justice, it has been claimed, amid a growing row over the plans.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2010 in legislation by sally

The Northern Ireland Assembly (Minimum Period) Order 2010

The Somalia (Asset-Freezing) Regulations 2010

The Lottery Duty (Exemption) Order 2010

The Individual Savings Account (Amendment No. 2) Regulations 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 16th, 2010 in law reports by sally

Supreme Court

Principal Reporter v K & Ors (Scotland) [2010] UKSC 56 (15 December 2010)

Revenue and Customs v DCC Holdings (UK) Ltd [2010] UKSC 58 (15 December 2010)

Edwards & Anor, R (on the application of) v Environment Agency & Ors [2010] UKSC 57 (15 December 2010)

Court of Appeal (Criminal Division)

Pluck v R [2010] EWCA Crim 2936 (15 December 2010)

Court of Appeal (Civil Division)

Friends of Basildon Golf Course, R (on the application of) v Basildon District Council [2010] EWCA Civ 1432 (14 December 2010)

Faulkner, R (on the application of) v Secretary of State for Justice the Parole Board [2010] EWCA Civ 1434 (14 December 2010)

Betterment Properties (Weymouth) Ltd v James Carthy & Company Ltd [2010] EWCA Civ 1401 (15 December 2010)

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010)

Osborn & Anor v The Parole Board [2010] EWCA Civ 1409 (15 December 2010)

Pankhurst v Lee White Motor Insurers Bureau [2010] EWCA Civ 1445 (15 December 2010)

Dennard & Ors v Pricewaterhousecoopers LLP [2010] EWCA Civ 1437 (15 December 2010)

Baldwin & Anor v Berryland Books [2010] EWCA Civ 1440 (15 December 2010)

High Court (Queen’s Bench Division)

France v Freemans Solicitors & Anor [2010] EWHC 3291 (QB) (15 December 2010)

High Court (Administrative Court)

ASDA Stores Ltd & Anor, R (on the application of) v Council of the Borough of South Tyneside & Ors [2010] EWHC 3285 (Admin) (14 December 2010)

High Court (Patents Court)

Numatic International Ltd v Qualtex (UK) Ltd [2010] EWHC 1797 (Pat) (12 July 2010)

Source: www.bailii.org

Tweeting in court: why reporters must be given guidelines – The Guardian

Posted December 16th, 2010 in internet, media, news, reporting restrictions, telecommunications by sally

“A district judge’s decision to allow journalists to use Twitter in the Julian Assange hearing raises interesting legal questions.”

Full story

The Guardian, 15th December 2010

Source: www.guardian.co.uk

Judge dismisses ACS:Law file-sharing cases – The Lawyer

Posted December 16th, 2010 in copyright, internet, judgments, news, pornography by sally

“A judge has halted an attempt by copyright firm ACS:Law to secure default judgment against eight individuals accused of illegally file sharing pornographic films.”

Full story

The Lawyer, 14th December 2010

Source: www.thelawyer.com

Top judge complains about ‘sex with corpses’ rules – Daily Telegraph

Posted December 16th, 2010 in judges, news, sentencing, sexual offences by sally

“Parliament is burdening the courts with too many laws and rules on sentencing, including detailed guidelines for dealing with necrophilia, England’s most senior judge has said.”

Full story

Daily Telegraph, 16th December 2010

Source: www.telegraph.co.uk

Legal aid backlog leaves some defendants unrepresented – Law Society’s Gazette

Posted December 16th, 2010 in legal aid, legal representation, news by sally

“Delays in processing legal aid applications are leaving some defendants in London’s Crown and magistrates’ courts unrepresented, criminal solicitors have warned.”

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Law Society’s Gazette, 16th December 2010

Source: www.lawgazette.co.uk

Disputed web pages must be hidden, warns High Court – OUT-LAW.com

Posted December 16th, 2010 in defamation, intellectual property, internet, news by sally

“A disgruntled ex-agent must redirect domain names he owns to blank pages rather than to near-copies of the website of a company for which he acted, the High Court has said. The sites broke laws on passing off, the Court said.”

Full story

OUT-LAW.com, 15th December 2010

Source: www.out-law.com

Keir Starmer orders change in dealing with rape claim retraction cases – The Guardian

Posted December 16th, 2010 in news, perverting the course of justice, prosecutions, rape, victims by sally

“The director of public prosecutions, Keir Starmer, has ordered a change in the way government lawyers deal with cases against women who withdraw rape claims, acknowledging ‘failings’ in the handling of a recent victim.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Related link: Rape: justice will be done