Class actions: will we adopt the American way? – The Times

Posted October 8th, 2008 in class actions, special report by sally

“The UK’s approach to class actions is set to change — but we are unlikely to see here the excesses of the US system.”

Full story

The Times, 8th October 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 8th, 2008 in law reports by sally

High Court (Chancery Division)

Beloit Walmsley Ltd, Re [2008] EWHC 1888 (Ch) (31 July 2008)

High Court (Queen’s Bench Division)

Cooper v HM Attorney General [2008] EWHC 2178 (QB) (30 September 2008)

High Court (Patents Court)

W L Gore & Associates GmbH v Geox SPA [2008] EWHC 2311 (Pat) (07 October 2008)

Source: www.bailii.org

Regina v K – Times Law Reports

Posted October 8th, 2008 in barristers, immigration, law reports, professional conduct by sally

Regina v K

Court of Appeal

“A barrister without chambers who was deemed to be practising but not subject to the disciplinary rules of the Bar’s Code of Conduct was not entitled to provide immigration advice or services contrary to sections 84 and 91 of the Immigration and Asylum Act 1999.”

The Times, 8th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v B and Others – Times Law Reports

Posted October 8th, 2008 in codefendants, criminal procedure, fitness to plead, juries, law reports by sally

Regina v B and Others

Court of Appeal

“Where one of several defendants in the same criminal proceedings became mentally unfit to stand trial before a jury had been empanelled, there was nothing in principle to prevent the jury subsequently hearing the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking only to whether he had committed the actus reus of the relevant offence.”

The Times, 8th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Businessman left in wheelchair by skiing accident sues tour operators – Daily Telegraph

Posted October 8th, 2008 in holidays, negligence, news, personal injuries, skiing by sally

“A British businessman left in a wheelchair after he collided with a tree during a skiing holiday is suing his tour operators for millions of pounds.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Woman who poisoned husband is spared jail – The Guardian

Posted October 8th, 2008 in news, poisoning, sentencing by sally

“A wife who poisoned her husband three times by slipping a tranquilliser into two Chinese takeaways and a curry was yesterday spared jail by a judge who described the crimes as ‘like something from a very bad detective novel’.”

Full story

The Guardian, 8th October 2008

Source: www.guardian.co.uk

Disabled woman takes fight to save post offices to high court – Daily Telegraph

Posted October 8th, 2008 in judicial review, news, postal service by sally

“A severely disabled woman will take her battle to stop the government’s post office closure programme to the High Court.”

Full story

Daily Telegraph, 8th October 2008

Source: www.telegraph.co.uk

Identity fraud booming during crisis, warn MPs – The Independent

Posted October 8th, 2008 in identity fraud, news by sally

“Bank account holders are more at risk of identity fraud because of the credit crunch, a report warns today.”

Full story

The Independent, 8th October 2008

Source: www.independent.co.uk

MPs attempt to force smacking ban – BBC News

Posted October 8th, 2008 in children, corporal punishment, news by sally

“A cross-party group of MPs is attempting to force through a ban on smacking children in England and Wales.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

101-year-old to appeal care home decision – Daily Telegraph

Posted October 8th, 2008 in appeals, care homes, news by sally

“A 101-year-old woman, the sole remaining resident in an old people’s home due for closure, will ask permission to appeal against a judge’s ruling that she had to move.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Terror code tells teachers to watch pupils – The Guardian

Posted October 8th, 2008 in news, school children, terrorism by sally

“Teachers will be asked to monitor pupils’ behaviour and inform the authorities – including police – if they suspect teenagers are being drawn into violent extremism, under government guidance published today.”

Full story

The Guardian, 8th October 2008

Source: www.guardian.co.uk

Dyslexic pupil wins £25,000 compensation – The Guardian

Posted October 7th, 2008 in compensation, dyslexia, news, special educational needs by sally

“A pupil with dyslexia has received almost £25,000 in compensation from the local council after teachers failed to diagnose his condition, it has emerged.”

Full story

The Guardian, 7th October 2008

Source: www.guardian.co.uk

Turf wars erupt over fees for family cases – The Times

Posted October 7th, 2008 in family courts, fees, legal profession, news by sally

“The credit crunch may dominate world headlines but closer to home lawyers are feeling the impact of their own pay squeeze.”

Full story

The Times, 7th October 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted October 7th, 2008 in legislation by sally

The Local Elections (Ordinary Day of Elections in 2009) Order 2008

The International Criminal Court (Remand Time) Order 2008

The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2008

The Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008

Source: www.opsi.gov.uk

Magistrate claims race discrimination against Ministry of Justice – Daily Telegraph

Posted October 7th, 2008 in magistrates, news, race discrimination by sally

“A black magistrate claims she suffered a nine-year campaign of discrimination by senior court officials and was unfairly denied promotion due to her colour.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Jean Charles de Menezes: Cressida Dick admits an innocent man could be killed again – Daily Telegraph

Posted October 7th, 2008 in news, police, terrorism by sally

“The commander in charge of the operation that led to the death of Jean Charles de Menezes has admitted another innocent man could be killed by police because of the terrorist threat in Britain.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 7th, 2008 in law reports by sally

High Court (Chancery Division)

O’Donoghue v Enterprise Inns Plc [2008] EWHC 2273 (Ch) (29 September 2008)

High Court (Family Division)

S v S & Ors [2008] EWHC 2288 (Fam) (21 August 2008)

M & Anor (Children) [2008] EWHC 2281 (Fam) (06 October 2008)

High Court (Commercial Court)

Automotive Latch Systems Ltd v Honeywell International Inc [2008] EWHC 2171 (Comm) (30 September 2008)

MDIL (UK) Ltd v Mittal Steel Skopje (CRM) AD [2008] EWHC 2243 (Comm) (02 September 2008)

High Court (Technology and Construction Court)

Gwelhayl Ltd v Midas Construction Ltd & Anor [2008] EWHC 2316 (TCC) (16 September 2008)

Source: www.bailii.org

Cooper v Attorney-General – Times Law Reports

Posted October 7th, 2008 in damages, EC law, law reports, state liability by sally

Cooper v Attorney-General

Chancery Division

“A judicial error in the application of European Community law would not create liability for damages unless it was a manifest infringement of the applicable law.”

The Times, 7th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Obscene Publications Act rides again – The Register

Posted October 7th, 2008 in internet, news, obscenity by sally

“The legal world is buzzing at the announcement last week of the prosecution of 35-year-old civil servant Darryn Walker for the online publication of material that Police and Crown Prosecution Service (CPS) believe to be obscene.”

Full story

The Register, 6th October 2008

Source: www.theregister.co.uk

BAILII: Recent Decisions

Posted October 7th, 2008 in law reports by sally

Court of Appeal (Civil Division)

SL (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1063 (19 September 2008)

US (Nepal) v Secretary of State for the Home Department [2008] EWCA Civ 1057 (10 September 2008)

LA (Uganda) v Secretary of State for the Home Department [2008] EWCA Civ 1055 (10 September 2008)

NR (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1053 (10 September 2008)

MQ (Afghanistan) v Secretary of State for the Home Department [2008] EWCA Civ 1056 (10 September 2008)

DR (Iraq), R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 1054 (10 September 2008)

C (A Child) [2008] EWCA Civ 1033 (02 September 2008)

JG (Jamaica) v Secretary of State for the Home Department [2008] EWCA Civ 1032 (02 September 2008)

High Court (Administrative Division)

Loch, R (on the application of) v Secretary of State for Justice [2008] EWHC 2278 (Admin) (02 October 2008)

Ashton, R (on the application of) v Police Medical Appeal Board & Anor [2008] EWHC 1833 (Admin) (30 September 2008)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2291 (Admin) (23 September 2008)

Khan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2293 (Admin) (23 September 2008)

Akangbe, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2295 (Admin) (23 September 2008)

Lamming v General Medical Council [2008] EWHC 2266 (Admin) (17 September 2008)

AK & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor [2008] EWHC 2227 (Admin) (10 September 2008)

Glushkov, R (on the application of) v Secretary of State for the Home Department & Anor [2008] EWHC 2290 (Admin) (09 September 2008)

Forrester, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2307 (Admin) (05 September 2008)

Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) (04 September 2008)

South Gloucestershire Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 2269 (Admin) (02 September 2008)

Atwood v The Health Service Commissioner [2008] EWHC 2315 (Admin) (06 October 2008)

Source: www.bailii.org