Green v Eadie and others – WLR Daily

Posted November 22nd, 2011 in jurisdiction, law reports, limitations, misrepresentation, solicitors by sally

Green v Eadie and others [2011] WLR (D) 335

“Sections 2 and 9(1) of the Limitation Act 1980 both applied to a claim brought under section 2(1) of the Misrepresentation Act 1967 and such a claim was therefore, by virtue of section 8(2) of the Limitation Act 1980, not within the ambit of section 8(1) of that Act. The applicable limitation period was therefore six years. Where a person entered into a flawed transaction which might have been capable of being remedied by rescission, loss was first suffered and the cause of action therefore accrued when the person entered into the flawed transaction.”

WLR Daily, 18th November 2011

Source: www.iclr.co.uk

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another – WLR Daily

Posted November 22nd, 2011 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another Case C-396/09; [2011] WLR (D) 334

“The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. Where a company’s registered office was transferred before the lodging of a request to open insolvency proceedings, its centre of main activities was presumed to be the place of its new registered office.”

WLR Daily, 20th October 2011

Source: www.iclr.co.uk

A step towards justice for road crash victims – Ministry of Justice

Posted November 22nd, 2011 in dangerous driving, news, road traffic offences, sentencing by sally

“Julie Townsend is deputy chief executive of Brake, a charity that campaigns for safer roads and justice for people bereaved and seriously injured in road crashes.”

Full story

Ministry of Justice, 21st November 2011

Source: www.justice.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 22nd, 2011 in legislation by sally

The NHS Bodies (Transfer of Trust Property) Order 2011

The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2011

The Court of Protection (Amendment) Rules 2011

The Financial Restrictions (Iran) Order 2011

Source: www.legislation.gov.uk

MP’s agent jailed for child porn – The Guardian

Posted November 22nd, 2011 in indecent photographs of children, news, sentencing by sally

“A political agent and former Labour councillor has been jailed for three years for collecting and distributing ‘appalling’ images of child abuse.”

Full story

The Guardian, 21st November 2011

Source: www.guardian.co.uk

Should swearing be against the law? – BBC News

Posted November 22nd, 2011 in consultations, freedom of expression, news, public order by sally

“A High Court judge has ruled that people should not be punished for hurling obscenities in public because such words are now so common they no longer cause distress. Should the courts punish profanity?”

Full story

BBC News, 21st November 2011

Source: www.bbc.co.uk

Extent of injuries to children in private jails revealed – The Guardian

Posted November 22nd, 2011 in children, news, personal injuries, prisons, statistics, young offenders by sally

“Serious injuries or other life-threatening warning signs have been detected on 285 occasions when children have been physically restrained in privately run jails over the past five years, according to Ministry of Justice figures.”

Full story

The Guardian, 22nd November 2011

Source: www.guardian.co.uk

Judge to examine Goldman Sachs tax deal – The Independent

Posted November 22nd, 2011 in auditors, inquiries, news, tax avoidance, taxation by sally

“A senior judge is to be brought in to investigate a series of highly controversial tax deals which cost the Exchequer millions of pounds in lost revenue.”

Full story

The Independent, 22nd November 2011

Source: www.independent.co.uk

Attorney general seeks contempt action over papers’ Milly Dowler coverage – The Guardian

Posted November 22nd, 2011 in attorney general, contempt of court, juries, media, news by sally

“The attorney general will on Tuesday apply for permission to bring contempt of court proceedings against the Daily Mail and Daily Mirror over their coverage of Levi Bellfield’s conviction for the murder and abduction of Milly Dowler.”

Full story

The Guardian, 21st November 2011

Source: www.guardian.co.uk

Judges should reform court procedures ‘to help teenage victims of abuse’ – Daily Telegraph

Posted November 22nd, 2011 in child abuse, children, courts, evidence, news, reports, victims by sally

“Judges should reform court procedures to make it less harrowing for teenage victims of abuse to give evidence, a report will recommend tomorrow.”

Full story

Daily Telegraph, 21st November 2011

Source: www.telegraph.co.uk

Home care providers in England face inspections – BBC News

Posted November 22nd, 2011 in care workers, elderly, news, social services by sally

“Home care services in England are to be subject to a fresh inspection by the Care Quality Commission from April.”

Full story

BBC News, 22nd November 2011

Source: www.bbc.co.uk

More part-time judges would help diversify judiciary, says Ken Clarke – The Guardian

Posted November 22nd, 2011 in consultations, diversity, judicial appointments commission, judiciary, news by sally

“More part-timers should be put on the bench and fewer judges allowed to chair selection panels in order to improve judicial diversity, the Ministry of Justice has proposed.”

Full story

The Guardian, 21st November 2011

Source: www.guardian.co.uk

Supreme Court lawyers allowed to dress down – The Independent

Posted November 22nd, 2011 in court dress, legal profession, news, Supreme Court by sally

“Lawyers appearing at the UK’s highest court will no longer have to wear traditional dress, it was announced today.”

Full story

The Independent, 21st November 2011

Source: www.independent.co.uk

Government to apologise to Alder family over police cell death – The Guardian

Posted November 22nd, 2011 in closed circuit television, death in custody, news, police, racism by sally

“The government will formally apologise through the European court of human rights (ECHR) to the family of Christopher Alder, a black ex-soldier who choked to death in handcuffs on the floor of a Hull police station 13 years ago.”

Full story

The Guardian, 22nd November 2011

Source: www.guardian.co.uk

Chandlers contempt action due against Sky News – BBC News

Posted November 21st, 2011 in contempt of court, injunctions, kidnapping, media, news by tracey

“The High Court has allowed a contempt of court action against Sky News over its coverage of kidnapped Britons Paul and Rachel Chandler.”

Full story

BBC News, 21st November 2011

Source: www.bbc.co.uk

Granddaughter jailed for Daisy Myring murder – BBC News

Posted November 21st, 2011 in murder, news, sentencing by tracey

“A woman who battered her 92-year-old grandmother to death after stealing her life savings has been jailed for a minimum of 22 years and six months.”

Full story

BBC News, 21st November 2011

Source: www.bbc.co.uk

Eurozone crisis: Cameron and Merkel agree framework for EU negotiations – The Guardian

Posted November 21st, 2011 in EC law, news, working time by tracey

“Britain looks set to be able to relax the EU’s controversial working time directive after David Cameron agreed a framework for negotiations with the German chancellor, Angela Merkel, in response to the eurozone crisis.”

Full story

The Guardian, 20th November 2011

Source: www.guardian.co.uk

Is studying law at GCSE and A-level a help or hindrance? – The Guardian

Posted November 21st, 2011 in examinations, legal education, news by tracey

“Learning about the law while at school cannot be a bad thing, surely? At a time when legal aid cuts are set to turn many people into litigants in person, one would think the public needs all the legal literacy it can get. And while experts insist it is vital as part of young people’s citizenship education, doing GCSE or A-level law may not be the best way to achieve this, especially if you want to pursue a legal career.”

Full story

The Guardian, 18th November 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 21st, 2011 in law reports by tracey

Court of Appeal (Civil Division)

HM Revenue & Customs v London Clubs Management Ltd [2011] EWCA Civ 1323 (18 November 2011)

San Michael College Ltd v Secretary of State for the Home Department [2011] EWCA Civ 1336 (18 November 2011)

Bethell Construction Ltd & Anor v Deloitte and Touche [2011] EWCA Civ 1321 (18 November 2011)

Cheshire West and Chester Council v P [2011] EWCA Civ 1333 (18 November 2011)

High Court (Administrative Court)

Medhanye, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3012 (Admin) (18 November 2011)

High Court (Chancery Division)

Cathie & Anor v Secretary of State for Business, Innovation and Skills [2011] EWHC 3026 (Ch) (18 November 2011)

High Court (Family Division)

RB (Adult), Re (No 4) [2011] EWHC 3017 (Fam) (18 November 2011)

A London Borough v O & Ors [2011] EWHC 2754 (Fam) (11 November 2011)

High Court (Queen’s Bench Division)

Pena v Tameside Hospital NHS Foundation Trust & Anor [2011] EWHC 3027 (QB) (18 November 2011)

Ting Lan Hong & KLM (A Child) v XYZ & Ors [2011] EWHC 2995 (QB) (18 November 2011)

Source: www.bailii.org

Regina (Garland) v Secretary of State for Justice and another – WLR Daily

Posted November 21st, 2011 in disciplinary procedures, judicial review, law reports, prisons, time limits by tracey

Regina (Garland) v Secretary of State for Justice and another: [2011] EWCA Civ 1335;  [2011] WLR (D)  333

“Under rule 53(1) of the Prison Rules 1999 prison authorities were allowed a full 48 hours from discovery of an offence against discipline to lay a charge against a prisoner, and longer where there were exceptional circumstances making it impossible to lay the charge within that time.”

WLR Daily, 17th November 2011

Source: www.iclr.co.uk