Current Awareness

YL v. Birmingham City Council [2007] UKHL 27

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

YL v. Birmingham City Council – WLR Daily

Posted June 22nd, 2007 in care homes, human rights, law reports by sally

“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”

WLR Daily, 20th June 2007

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. [2007] EWCA Civ 584

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

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. – WLR Daily

Posted June 22nd, 2007 in advertising, freedom of expression, injunctions, law reports, trade marks by sally

“Where a trader sought to publish in comparative advertising the results of tests of a rival trader’s product, an important issue of freedom of expression was engaged, even though the comparative advertising would be aimed at diverting trade from one trader to another; and therefore the court would not grant an interim injunction to prevent such publication unless the court was satisfied that the applicant would succeed at trial in obtaining a final injunction.”

WLR Daily, 20th June 2007

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

Costly business – Law Society’s Gazette

Posted June 22nd, 2007 in costs, solicitors, special report by sally

“William Gibson pores over the finer details of the rules on costs in the new Solicitors Code of Conduct.”

Law Society’s Gazette, 21st June 2007

The enforcers – Law Society’s Gazette

Posted June 22nd, 2007 in complaints, police, special report by sally

“The Independent Police Complaints Commission deals with the fall-out from such controversial incidents as the Menezes shooting in London. Jonathan Rayner meets the head of its legal team.”

Law Society’s Gazette, 21st June 2007

Vos issues BSB warning for legal disciplinary practices – Law Society’s Gazette

Posted June 22nd, 2007 in barristers, legal disciplinary practices, news, professional conduct by sally

“The Bar Standards Board (BSB) should not regulate legal disciplinary practices (LDPs) when the Legal Services Bill is enacted, the chairman of the Bar Council has told the Gazette.”

Law Society’s Gazette, 21st June 2007

Profession hits back at complaints verdict – Law Society’s Gazette

Posted June 22nd, 2007 in complaints, news, solicitors by sally

“The leaders of the solicitors’ profession hit back at the Legal Services Ombudsman (LSO) this week after she branded the Legal Complaints Service’s (LCS) performance as ‘still well short of where a modern, customer-focused organisation should be’.”

Law Society’s Gazette, 21st June 2007

Badge designs are protected by copyright, says High Court – OUT-LAW.com

Posted June 22nd, 2007 in copyright, news by sally

“Protection for unregistered designs may be stronger than previously thought, following a ruling by the High Court that found the designs of novelty badges had been infringed.”

OUT-LAW.com, 22nd June 2007

Source: www.out-law.com

‘Purity’ ring case in High Court – BBC News

Posted June 22nd, 2007 in news, religious discrimination by sally

“A teenager is due in the High Court to accuse her school of discriminating against Christians by banning the wearing of ‘purity rings’.”

BBC News, 22nd Juen 2007

Source: www.bbc.co.uk

Iraq deaths ‘unlawful killings’ – BBC News

Posted June 22nd, 2007 in armed forces, inquests, Iraq, news by sally

“Five British armed forces personnel were unlawfully killed when their helicopter was shot down in Iraq, a coroner has ruled.”

BBC News, 22nd June 2007

Source: www.bbc.co.uk

Lawyers step up lobbying on legal services reform – Financial Times

Posted June 22nd, 2007 in legal services, news by sally

“Leading lawyers will step up their lobbying over controversial legal reforms, after the Treasury gave a cool response to claims that the changes could threaten £2bn of annual legal services exports.”

Financial Times, 22nd June 2007

Source: www.ft.com

Top ten barristers receive £4m legal aid – Daily Telegraph

Posted June 22nd, 2007 in barristers, fees, legal aid, news by sally

“Four barristers specialising in children’s cases each received more than £400,000 in civil legal aid fees last year, the Ministry of Justice said yesterday.”

Daily Telegraph, 22nd Juned 2007

Source: www.telegraph.co.uk

Road charging ‘sneaked through Parliament’ – Daily Telegraph

Posted June 22nd, 2007 in news, roads by sally

“Britain has secretly signed up to a pan-European road pricing scheme, it became clear last night.”

Daily Telegraph, 22nd June 2007

Source: www.telegraph.co.uk

Trader loses £1.35m sexual discrimination claim – The Independent

Posted June 22nd, 2007 in flexible working, news, sex discrimination by sally

“A City trader who claimed a sexist work culture forced her to quit her job after she returned from maternity leave lost her £1.35m compensation claim yesterday.”

The Independent, 22nd June 2007

Source: www.independent.co.uk

Former youth justice chief attacks rule change on restraint – The Guardian

Posted June 22nd, 2007 in news, young offenders by sally

“The senior civil servant who drew up the rules on restraining teenagers in child jails has strongly criticised ministers for making changes which will allow private security staff to inflict pain on children who refuse to go to bed or be quiet.”

The Guardian, 22nd June 2007

Source: www.guardian.co.uk

Strikes, work curbs and litigation: how life may change under the EU charter – The Times

Posted June 21st, 2007 in EC law, employment by sally

“Britain was told yesterday that it had all but lost its fight to stop the Charter of Fundamental Rights becoming legally binding in the new EU treaty set to replace the failed European Constitution, sources claimed yesterday.”

YL v. Birmingham City Council and Others

The Times, 21st June 2007

Source: www.timesonline.co.uk

YL v. Birmingham City Council and Others – Times Law Reports

Posted June 21st, 2007 in care homes, human rights, law reports by sally

Exercise of delegated council duty is a private function

House of Lords

“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”

The Times, 21st June 2007

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.

Midlands Co-operative Society Ltd. v. Revenue and Customs Commissioners – WLR Daily

Posted June 21st, 2007 in law reports, VAT by sally

Midlands Co-operative Society Ltd. v. Revenue and Customs Commissioners [2007] EWHC 1432 (Ch)

“The Value Added Tax Act 1994 and its associated Regulations allowed the benefit of a claim under s 80 of the Act for overpaid output tax to be assigned.”

WLR Daily, 19th June 2007

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs [2007] UKHL 28

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

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted June 21st, 2007 in law reports, rights of way by sally

“‘Sufficient evidence’ under s 31(1) of the Highways Act 1980 that a landowner had had no intention to dedicate a way as a highway required evidence of overt acts demonstrating his lack of intention and coming to the attention of users of the way.”

WLR Daily, 20th June 2007

R (Rowley and others) v. Secretary of State for Work and Pensions (Resolution intervening) [2007] EWCA Civ 598

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

R (Rowley and others) v. Secretary of State for Work and Pensions – WLR Daily

Posted June 21st, 2007 in child support, duty of care, law reports by sally

“The Secretary of State for Work and Pensions did not owe a common law duty of care to qualifying children or to those with their care in discharging his functions under the Child Support Act 1991.”

WLR Daily, 19th June 2007