Matrix silk to lead group Hackgate claim against News International – The Lawyer

Posted July 22nd, 2011 in barristers, interception, law firms, media, privacy by sally

“As many as 25 phone-hacking cases against News International are to be heard jointly at the beginning of 2012, with five high-profile individuals acting as lead claimants.”

Full story

The Lawyer, 21st July 2011

Source: www.thelawyer.com

SRA probes solicitors’ handling of Hackgate – The Lawyer

“The Solicitors Regulation Authority (SRA) has launched a formal investigation into the role played by solicitors in the News International phone-hacking scandal.”

Full story

The Lawyer, 22nd July 2011

Source: www.thelawyer.com

Solicitors from Hell founder loses defamation case – The Lawyer

Posted July 22nd, 2011 in damages, defamation, law firms, news by sally

“The founder of consumer website Solicitors from Hell has lost another defamation case in the High Court, with Mr Justice Tugendhat ordering him to pay £10,000 to Marlow firm Gabbitas Robins.”

Full story

The Lawyer, 22nd July 2011

Source: www.thelawyer.com

Sins of the mother must be visited upon son, court rules – Daily Telegraph

Posted July 22nd, 2011 in confiscation, debts, news by sally

“A music student at Cambridge University has been stripped of his picturesque Scottish island home after a court ruled it must be sold to pay off his criminal mother’s debts.”

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Daily Telegraph, 22nd July 2011

Source: www.telegraph.co.uk

How far can legal professional privilege go? – The Guardian

Posted July 22nd, 2011 in law firms, news, privilege by sally

“Legal professional privilege meant Harbottle & Lewis had to secure a waiver to discuss Murdoch’s claim about phone hacking claims.”

Full story

The Guardian, 22nd July 2011

Source: www.guardian.co.uk

Salford burglar death: No prosecution over stabbing – BBC News

Posted July 22nd, 2011 in burglary, homicide, news, self-defence by sally

“A man who fatally stabbed a burglar at his home in Salford will not be prosecuted, the Crown Prosecution Service (CPS) has said.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk

Macmillan Publishers ordered to pay £11.3m – BBC News

Posted July 22nd, 2011 in bribery, corruption, costs, fines, news, publishing, Serious Fraud Office by sally

“Macmillan Publishers has been ordered to pay £11.3m for ‘unlawful conduct’ related to its education division in East and West Africa.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk

Music rights body wants ‘traffic light’ indications of infringing material in search results – OUT-LAW.com

Posted July 22nd, 2011 in artistic works, copyright, news by sally

“Search engine results should indicate whether material on websites is in breach of copyright law or not, a music licensing group has said.”

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OUT-LAW.com, 22nd July 2011

Source: www.out-law.com

Command Papers – official-documents.gov.uk

Posted July 22nd, 2011 in parliamentary papers by sally

Intelligence and Security Committee: Annual Report 2010–2011, Cm 8114 (PDF)

Memorandum to the Home Affairs Committee: Post-Legislative Scrutiny of the Immigration, Asylum and Nationality Act 2006, Cm 8154 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 22nd, 2011 in legislation by sally

The Communications Act 2003 (Maximum Penalty for Contravention of Information Requirements) Order 2011

The Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations 2011

The Veterinary Surgeons (Recognition of University Degree) (Nottingham) Order of Council 2011

The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011

The Legislative Reform (Epping Forest) Order 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 22nd, 2011 in law reports by sally

Court of Appeal (Criminal Division)

CPS v F [2011] EWCA Crim 1844 (21 July 2011)

McDonald v R. [2011] EWCA Crim 1776 (21 July 2011)

Court of Appeal (Civil Division)

Rees & Anor v Peters [2011] EWCA Civ 836 (21 July 2011)

Finnerty & Anor v Clark & Anor [2011] EWCA Civ 858 (21 July 2011)

Barnsley Metropolitan Borough Council v Norton & Ors [2011] EWCA Civ 834 (21 July 2011)

Fulham Football Club (1987) Ltd v Richards & Anor [2011] EWCA Civ 855 (21 July 2011)

Szepietowski v The Serious Organised Crime Agency [2011] EWCA Civ 856 (21 July 2011)

B v Secretary of State for the Home Department [2011] EWCA Civ 828 (21 July 2011)

Meritz Fire & Marine Insurance Co Ltd v Jan De Nul NV & Anor [2011] EWCA Civ 827 (21 July 2011)

High Court (Queen’s Bench Division)

Mutua & Ors v The Foreign & Commonwealth Office [2011] EWHC 1913 (QB) (21 July 2011)

High Court (Commercial Court)

Pioneer Freight Futures Company Ltd v TMT Asia Ltd [2011] EWHC 1888 (Comm) (21 July 2011)

Source: www.bailii.org

Ministry of Defence pays £100,000 to family of drowned Iraqi teenager – The Guardian

Posted July 22nd, 2011 in armed forces, compensation, homicide, Iraq, news by sally

“The Ministry of Defence has agreed to pay £100,000 compensation to the family of an Iraqi teenager who drowned near Basra after being detained by British troops. In an out-of-court settlement with his relatives’ British lawyers, the MoD did not admit liability for the death of 18-year-old Saeed Shabram in May 2003.”

Full story

The Guardian, 21st July 2011

Source: www.guardian.co.uk

Fulham Football Club (1987) v Richards and another – WLR Daily

Posted July 22nd, 2011 in appeals, arbitration, law reports, sport, stay of proceedings by sally

Fulham Football Club (1987) v Richards and another [2011] EWCA Civ 855; [2011] WLR (D) 241

“A dispute between a premier league football club and the first and second defendants, the chairman of the Football Association Premier League Ltd and the company itself, was covered by arbitration clauses in the rules of the company and the Football Association. Neither the Companies Act 2006 nor considerations of public policy prohibited the submission to arbitration of matters relating to an unfair prejudice petition under section 994 of the 2006 Act.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Barnsley Metropolitan Borough Council v Norton and others – WLR Daily

Posted July 22nd, 2011 in disability discrimination, housing, law reports, local government by sally

Barnsley Metroplitan Borough Councl v Norton and others [2011] EWCA Civ 834; [2011] WLR (D) 240

“The duty in section 49A(1) of the Disability Discrimination Act 1995 was intended to apply whenever an authority was taking decisions such as a decision to seek possession of a disabled person’s home.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Regina v Smith (Nicholas) – WLR Daily

Posted July 22nd, 2011 in appeals, law reports, sentencing, Supreme Court by sally

Regina v Smith (Nicholas) [2011] UKSC 37; [2011] WLR (D) 239

“A sentence of imprisonment for public protection could be imposed upon a defendant who was already serving a sentence of life imprisonment.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

Regina v Maxwell – WLR Daily

Posted July 22nd, 2011 in law reports, retrials, Supreme Court by sally

Regina v Maxwell [2010] UKSC 48; [2011] WLR (D) 238

“When the Court of Appeal quashed a conviction and then exercised its discretion under section 7 of the Criminal Appeal Act 1968 to order a retrial of the defendant, that decision should not be upset on appeal unless it could be shown that it was plainly wrong in that it was one which no reasonable court could have made or that it took into account immaterial factors or failed to consider material factors.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

Regina v Boggild and others – WLR Daily

Posted July 22nd, 2011 in affray, appeals, crime, football banning orders, jurisdiction, law reports, sport by sally

Regina v Boggild and others [2011] WLR (D) 237

“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”

WLR Daily, 19th July 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Barclays Bank plc v Nylon Capital LLP – WLR Daily

Posted July 22nd, 2011 in contracts, hedge funds, jurisdiction, law reports, partnerships by sally

Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235

“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same – WLR Daily

Posted July 22nd, 2011 in arbitration, contracts, insurance, law reports, time limits by sally

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same [2011] EWCA Civ 825; [2011] WLR (D) 234

“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk