January 2011 – Page 2 – Current Awareness

“A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do.”

WLR Daily, 27th January 2011

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 Hoath; Regina v Standage – WLR Daily

Posted January 28th, 2011 in appeals, criminal procedure, law reports, sentencing, sexual offences prevention orders by sally

Regina v Hoath; Regina v Standage [2011] WLR (D) 22

“Where a defendant had been given a statutory right of appeal against a refusal to vary a sexual offences prevention order the Court of Appeal, Criminal Division was not precluded from exercising its normal powers on an appeal where there was no express statutory power to make an order on the appeal.”

WLR Daily, 27th January 2011

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.

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) – WLR Daily

Posted January 28th, 2011 in champerty, costs, indemnities, law reports by sally

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) [2011] EWCA Civ 25; [2011] WLR (D) 21

“A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. As a result its inclusion in a conditional fee agreement which in all other respects complied with the requirements of section 58 of the Courts and Legal Services Act 1990 did not invalidate the agreement.”

WLR Daily, 26th January 2011

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 (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Posted January 28th, 2011 in appeals, human rights, law reports, licensed premises, licensing, magistrates by sally

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 2011

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.

Chief Constable of South Yorkshire Police v Information Commissioner – WLR Daily

Posted January 28th, 2011 in disclosure, fees, freedom of information, law reports by sally

Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19

“In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 to take account of time which it expected to spend in redacting exempt information from relevant documents before disclosing them to the applicant.”

WLR Daily, 27th January 2011

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.

Yemshaw v Hounslow London Borough Council – WLR Daily

Posted January 28th, 2011 in domestic violence, homelessness, law reports, matrimonial home by sally

Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18

” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.”

WLR Daily, 26th January 2011

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.

Ex parte MGN Ltd and others – WLR Daily

Posted January 28th, 2011 in contempt of court, law reports, reporting restrictions, witnesses by sally

Ex parte MGN Ltd and others [2011] WLR (D) 17

“It was rarely appropriate to impose blanket reporting restrictions under section 4(2) of the Contempt of Court Act 1981 for the purpose of ameliorating the disadvantages of giving evidence and minimising the burdens faced by witnesses in criminal trials. The protection of witnesses was more appropriately provided for by the provisions of section 39 of the Children and Young Persons Act 1933 and sections 22–30 of the Youth Justice and Criminal Evidence Act 1999.”

WLR Daily, 26th January 2011

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.

Ashford Borough Council v Barratt and another – WLR Daily

Posted January 28th, 2011 in change of name, law reports, listed buildings, planning by sally

Ashford Borough Council v Barratt and another [2011] EWCA Civ 27; [2011] WLR (D) 16

“Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs.”

WLR Daily, 26th January 2011

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.

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted January 28th, 2011 in citizens advice bureaux, disability discrimination, EC law, law reports, volunteers by sally

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) [2011] EWCA Civ 28; [2011] WLR (D) 15

“A disabled volunteer worker at an advice bureau was not protected from acts of discrimination on grounds of disability under the Disability Discrimination Act 1995, nor could she rely on the direct effect of Council Directive 2000/78/EEC (‘the Framework Directive’) to sustain an action for discrimination. Although voluntary posts like that held by the claimant might assist the holder to gain a permanent paid post, that was not the purpose of having volunteer workers, most of whom had no wish to join the permanent staff. The volunteer post was not to be treated as a form of vocational training subject to article 3(1)(c) of the Framework Directive.”

WLR Daily, 26th January 2011

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.

Campbell libel ruling exposes ‘deeply flawed’ CFA system – Law Society’s Gazette

Posted January 28th, 2011 in costs, defamation, fees, freedom of expression, news by sally

“Bumper success fees for lawyers in libel cases will soon be a thing of the past following last week’s ruling by the European Court of Human Rights (ECHR) in the Naomi Campbell case, solicitors predicted this week.”

Full story

Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

Crispin Blunt outlines justice reforms – Ministry of Justice

Posted January 28th, 2011 in criminal justice, press releases, rehabilitation by sally

“Crispin Blunt said criminal justice reforms such as payment by results for offender management, are vital to breaking the destructive cycle of crime and better protecting the public.”

Full press release

Ministry of Justice, 25th January. 2011

Source: www.justice.gov.uk

Changes to counter terrorism powers recommended – Home Office

Posted January 28th, 2011 in control orders, press releases, stop and search, terrorism by sally

“New measures to restore civil liberties while continuing to protect the public from terrorism have today been outlined by Theresa May.”

Full press release

Home Office, 26th January 2011

Source: www.homeoffice.gov.uk

British terror suspects banned from returning to UK – The Guardian

Posted January 28th, 2011 in citizenship, news, terrorism by sally

“Lawyers condemn increased use of deprivation of citizenship orders, as eight people are served notices while out of the country.”

Full story

The Guardian, 27th January 2011

Source: www.guardian.co.uk

Milners lawyer Simon Morgan jailed for stealing £1.4m – BBC News

Posted January 28th, 2011 in abuse of position of trust, news, sentencing, solicitors, theft by sally

“A solicitor who stole £1.4m from his firm to fund a lavish lifestyle has been jailed for seven years.”

Full story

BBC News, 27th January 2011

Source: www.bbc.co.uk

Metropolitan Police pledges robust phone hacking probe – BBC News

Posted January 28th, 2011 in interception, media, news, police by sally

“Police will leave ‘no stone unturned’ in their investigation into allegations of phone hacking at the News of the World (NoW), Scotland Yard’s head says.”

Full story

BBC News, 27th January 2011

Source: www.bbc.co.uk

Unlawful restraint ‘contributed to death of boy in custody’ – The Guardian

Posted January 28th, 2011 in death in custody, news, restraint, secure training centres by sally

“Inquest jury finds serious system failure at secure training centre where Adam Rickwood, 14, killed himself.”

Full story

The Guardian, 27th January 2011

Source: www.guardian.co.uk

Pair charged over ‘gay execution leaflet’ in first British ‘sexual hatred’ case – Daily Telegraph

Posted January 28th, 2011 in news by sally

“Razwan Javed, 30, and Kabir Ahmed, 27, are to appear before magistrates in Derby accused of handing out leaflets calling for homosexuals to be executed. It is the first prosecution since laws outlawing homophobia came into force last March.”

Full story

Daily Telegraph, 28th Janaury 2011

Source: www.telegraph.co.uk