18/04/2011 – Current Awareness

“A new law should be created giving consumers the right to take misleading and aggressive businesses to court, the Law Commission and Scottish Law Commission have said.”

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OUT-LAW.com, 18th April 2011

Source: www.out-law.com

Law Soc and Bar Council urged to take action over Solicitors from Hell site – The Lawyer

Posted April 18th, 2011 in defamation, internet, Law Society, news, solicitors by sally

“The Law Society and Bar Council should investigate defamatory comments made on the Solicitors from Hell website to find an effective route of redress for firms named on the website, a High Court has said.”

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The Lawyer, 18th April 2011

Source: www.thelawyer.com

Jail term for man who burned Koran – The Independent

Posted April 18th, 2011 in harassment, news, religiously aggravated offences, sentencing, theft by sally

“A man who burned a Koran in front of city centre shoppers has been jailed for 70 days.”

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The Independent, 18th April 2011

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 18th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Allan & Ors, R. v [2011] EWCA Crim 1022 (18 April 2011)

Beesley & Anor, R. v [2011] EWCA Crim 1021 (18 April 2011)

Court of Appeal (Civil Division)

S (Children) , RE [2011] EWCA Civ 454 (18 April 2011)

RS (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 434 (18 April 2011)

Rooff Ltd. v Secretary of State for Communities & Local Government [2011] EWCA Civ 435 (18 April 2011)

MD (China) & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 453 (18 April 2011)

High Court (Queen’s Bench Division)

Apsion v Dilnot [2011] EWHC 869 (QB) (18 April 2011)

Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor [2011] EWHC 776 (QB) (18 April 2011)

Harty v Sabre International Security Ltd & Anor [2011] EWHC 852 (QB) (05 April 2011)

High Court (Administrative Court)

B v The District Court In Trutnov & Anor (Two Czech Judicial Authorities) [2011] EWHC 963 (Admin) (15 April 2011)

Jorgenson, R (on the application of) v Secretary of State for Justice [2011] EWHC 977 (Admin) (15 April 2011)

Source: www.bailii.org

Legal aid cuts will harm children, says champion of justice for the poor – The Guardian

Posted April 18th, 2011 in budgets, legal aid, news, poverty by sally

“Tireless Pauline McIntyre, who works in one of the UK’s most deprived areas, says family law is unfairly seen as a soft target.”

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The Guardian, 18th April 2011

Source: www.guardian.co.uk

Government publishes cookie law plans and says browser settings cannot give consent – OUT-LAW.com

Posted April 18th, 2011 in consent, EC law, internet, news, privacy by sally

“Browser settings alone cannot be used by web users to give consent to their behaviour being tracked under a new EU law, the UK Government has said. The Government said that it will implement the EU law by a 25 May deadline.”

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OUT-LAW.com, 18th April 2011

Source: www.out-law.com

DPP asks power station protesters to appeal against trespass convictions – The Guardian

Posted April 18th, 2011 in appeals, conspiracy, Crown Prosecution Service, news, trespass by sally

“The 20 protesters convicted of conspiracy to commit aggravated trespass after a demonstration at the Ratcliffe-on-Soar power station have been invited to appeal against their convictions by the director of public prosecutions.”

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The Guardian, 18th April 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 18th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Baxendale- Walker v Middleton & Ors [2011] EWHC 998 (QB) (18 April 2011)

High Court (Administrative Court)

NXT, R (on the application of) & Ors v Secretary of State for the Home Department [2011] EWHC 969 (Admin) (15 April 2011)

Puri, R (on the application of) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin) (15 April 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 18th, 2011 in legislation by sally

The Irish Sailors and Soldiers Land Trust Act 1987 (Dissolution) Order 2011

The Legal Services Act 2007 (Approved Regulators) Order 2011

The Export Control (Amendment) (No. 3) Order 2011

The Iran (Asset-Freezing) Regulations 2011

Source: www.legislation.gov.uk

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Posted April 18th, 2011 in appeals, database right, default judgments, law reports by sally

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 2011

Source: www.iclr.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.

Royal succession reform is being discussed, Clegg says – BBC News

Posted April 18th, 2011 in constitutional law, consultations, news, royal family, succession by sally

“The government is consulting Commonwealth countries about changing the laws on royal succession, Deputy Prime Minister Nick Clegg has said.”

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BBC News, 16th April 2011

Source: www.bbc.co.uk

Public sector workers launch legal challenge to pension reforms – Daily Telegraph

Posted April 18th, 2011 in judicial review, news, pensions by sally

“Public sector workers have launched a legal challenge in the High Count to prevent changes to their gold-plated pensions.”

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Daily Telegraph, 16th April 2011

Source: www.telegraph.co.uk

Beware of cut-price offers when you come to making your will – The Guardian

Posted April 18th, 2011 in consumer protection, drafting, fees, news, wills by sally

“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”

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The Guardian, 17th April 2011

Source: www.guardian.co.uk

Lawyers claim £645 million family breakdown legal aid bill – Daily Telegraph

Posted April 18th, 2011 in divorce, fees, legal aid, legal profession, news by sally

“Legal aid lawyers are making £645 million from taxpayers over family breakdowns each year – £28 for every household in England and Wales.”

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Daily Telegraph, 17th April 2011

Source: www.telegraph.co.uk

Environmental campaigners angry as green laws labelled as red tape – The Guardian

Posted April 18th, 2011 in consultations, environmental protection, legislation, news by sally

“Environmental campaigners have condemned the coalition’s inclusion of all of Britain’s 278 environmental laws in a list of ‘red tape’ regulations considered by the public for the axe.”

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The Guardian, 17th April 2011

Source: www.guardian.co.uk

Ruling on late abortion figures challenged in court – Daily Telegraph

Posted April 18th, 2011 in abortion, freedom of information, government departments, news, statistics by sally

“The Department of Health is making a High Court challenge today to stop figures being published on the number of late abortions on ‘less than perfect’ foetuses with physical abnormalities, including cleft palate and club foot.”

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Daily Telegraph, 18th April 2011

Source: www.telegraph.co.uk

NHS bill to change ‘substantively’, says Oliver Letwin – BBC News

Posted April 18th, 2011 in bills, health, news by sally

“‘Substantive’ changes are to be made to the controversial NHS bill which is going through parliament, Cabinet Office minister Oliver Letwin says.”

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BBC News, 16th April 2011

Source: www.bbc.co.uk

Kenneth Clarke: prison is a waste of money – The Guardian

Posted April 18th, 2011 in imprisonment, news, sentencing by sally

“The rate of jail sentencing is ‘financially unsustainable’, the justice secretary, Kenneth Clarke, has said, delivering a defiant riposte to critics within his own party and the tabloid press who have suggested that his plans to overhaul the penal system are soft on crime.”

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The Guardian, 16th April 2011

Source: www.guardian.co.uk