BAILII: Recent Decisions

Posted March 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

BNY Corporate Trustee Services Ltd v Eurosail – UK 2007 – 3bl Plc & Ors [2011] EWCA Civ 227 (07 March 2011)

Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 (03 March 2011)

High Court (Queen’s Bench Division)

ZAM v CFW & Anor [2011] EWHC 476 (QB) (07 March 2011)

Source: www.bailii.org

Legal Profession Lawcast (2): Neil Rose on ABS – Jackson – Funding – Regulation and the state of the profession today – Charon QC

Posted March 7th, 2011 in legal aid, legal profession, legal services, podcasts by sally

“Today I am talking to Neil Rose of Legal Futures about the changing legal landscape in 2011. Legal Futures is the brainchild of Neil Rose, who has been writing about the Legal Services Act since its genesis in the OFT report of 2001. Neil is a highly experienced legal journalist, having spent 12 years working on the Law Society’s Gazette, latterly as Deputy Editor and including a lengthy spell as Acting Editor in 2007. A qualified solicitor, he went freelance in January 2008.”

Podcast

Charon QC, 7th March 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Safety deposit pair who held millions for gangs jailed – BBC News

“The director of three safety deposit box centres in London has been jailed for four-and-a-half years after raids in which police seized £500m in assets.”

Full story

BBC News, 7th March 2011

Source: www.bbc.co.uk

Man guilty of burning poppies at Armistice Day protest – BBC News

Posted March 7th, 2011 in demonstrations, news, public order, threatening behaviour by sally

“A man has been found guilty of burning poppies at a protest in west London on Armistice Day.”

Full story

BBC News, 7th March 2011

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 7th, 2011 in legislation by sally

The Civil Proceedings Fees (Amendment) Order 2011

The Family Proceedings Fees (Amendment) Order 2011

The Non-Contentious Probate Fees (Amendment) Order 2011

The Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2011

The Marine Licensing (Application Fees) Regulations 2011

Source: www.legislation.gov.uk

Sousa v Waltham Forest London Borough Council – WLR Daily

Posted March 7th, 2011 in costs, fees, insurance, law reports by sally

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Prison officers sue to stop private firm taking over four jails – The Guardian

Posted March 7th, 2011 in judicial review, news, prison officers, prisons by sally

“The Prison Officers Association (POA) is to launch a high court bid to prevent the UK’s biggest private prisons contractor from taking over four prisons currently under review.”

Full story

The Guardian, 6th March 2011

Source: www.guardian.co.uk

Judgment in contempt case should serve as a shot across the bows – The Guardian

Posted March 7th, 2011 in contempt of court, internet, news by sally

“Linking to prejudicial past material could damage the integrity of criminal trials, online publishers warned.”

Full story

The Guardian, 4th March 2011

Source: www.guardian.co.uk

Jack Straw calls for immigration hearing law change – BBC News

Posted March 7th, 2011 in immigration, news, victims by sally

“Former Home Secretary Jack Straw has called for judges to be able to hear from victims in immigration hearings.”

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BBC News, 4th March 2011

Source: www.bbc.co.uk

Supreme Court tasked with setting compulsory retirement precedent – The Lawyer

Posted March 7th, 2011 in age discrimination, news, retirement by sally

“What legitimate social policy could justify retiring a partner or employee?

The Supreme Court will decide after Clarkson Wright & Jakes partner Leslie ­Seldon was given permission to fight his former firm over its decision to retire him at the age of 65.
Seldon argues that his firm was wrong to enact the partnership agreement and retire him because, he claims, it could not justify the action.”

Full story

The Lawyer, 7th March 2011

Source: www.thelawyer.com

Khyra Ishaq’s father sues council over starvation death – BBC News

Posted March 7th, 2011 in child neglect, local government, negligence, news, social services by sally

“The father of a girl who was starved to death after ‘missed opportunities’ by children’s services to save her is suing Birmingham City Council.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Met police are criminalising a generation of students, claims law firm – The Guardian

Posted March 7th, 2011 in demonstrations, news, police, trespass by sally

“A leading legal aid firm has accused the Metropolitan police of criminalising a generation of students for taking part in the protests against tuition fees.”

Full story

The Guardian, 6th March 2011

Source: www.guardian.co.uk

The middle class serial squatters exploiting the law – Daily Telegraph

Posted March 7th, 2011 in news, squatting by sally

“A campaign has been launched to criminalise squatting as a rising number of cases exposes loopholes in the law.”

Full story

Daily Telegraph, 6th March 2011

Source: www.telegraph.co.uk

Related link: How squatters evade the law

New guidance from Court of Appeal following a Reference by the Solicitor General – Attorney General’s Office

Posted March 7th, 2011 in burglary, news, sentencing, sexual offences by sally

“Today (3 March) the Court of Appeal increased the sentences of three offenders who sexually attacked women during burglaries in homes they were entitled to regard as ‘safe havens’.”

Full story

Attorney General’s Office, 3rd March 2011

Source: www.attorneygeneral.gov.uk

Unions welcome court strike ruling – BBC News

Posted March 7th, 2011 in ballots, industrial action, news, trade unions by sally

“Two rail unions have welcomed a court ruling that prevents minor mistakes in balloting being used to halt strikes.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Magistrates criticise bail plans – BBC News

Posted March 7th, 2011 in bail, news by sally

“Magistrates have criticised plans to increase the use of bail for people awaiting trial in England and Wales.”

Full story

BBC News, 5th March 2011

Source: www.bbc.co.uk

Council seeks more ‘gang injunctions’ – The Guardian

Posted March 7th, 2011 in gangs, injunctions, news by sally

“Southwark council, which became the first to obtain a court order against a gang member, is drawing up a list of more suspects.”

Full story

The Guardian, 4th March 2011

Source: www.guardian.co.uk

Sex swap prisoners get right to bras and make-up – Daily Telegraph

Posted March 7th, 2011 in news, prisons by sally

“Prison officers have been ordered to allow transsexual prisoners access to padded bras and make-up.”

Full story

Daily Telegraph, 5th March 2011

Source: www.telegraph.co.uk

Bmibaby court defeat gives hope to passengers let down by flight sites – The Guardian

Posted March 7th, 2011 in airlines, compensation, internet, mistake, news by sally

“A woman who was overcharged by £1,300 on bmibaby’s website – when she was booking flights so a friend could visit his terminally ill father – has won a court victory against the budget airline.”

Full story

The Guardian, 5th March 2011

Source: www.guardian.co.uk

Ombudsman could investigate child ‘snatching’ by courts – Daily Telegraph

Posted March 7th, 2011 in adoption, judicial review, news, social services by sally

“An independent Ombudsman could be appointed to investigate cases in which social workers and the courts are accused of taking children from their homes without justification.”

Full story

Daily Telegraph, 6th March 2011

Source: www.telegraph.co.uk