“Members of Parliament who voted to remove themselves from anti-secrecy laws are to be ‘put to shame’ by peers gearing up to block a similar move for the House of Lords.”
The Observer, 20th May 2007
Source: www.guardian.co.uk
“British Airways’ admission that there have been ‘breaches of its competition policy’ – a legalistic way of owning up to having cheated on ticket prices – opens the airline up to the potential for multiple lawsuits.”
The Times, 18th May 2007
Source: www.timesonline.co.uk
“A move to exempt Parliament from freedom of information law has been approved by MPs after attempts to block it in the Commons failed.”
The Times, 18th May 2007
Source: www.timesonline.co.uk
Lawrence v. Pembrokeshire County Council [2007] EWCA Civ 446
“The Human Rights Act 1998 did not give rise to a duty of care to the parent of a child on the part of a local authority when exercising, through social workers, its duty to protect children from abuse. The local authority’s principal duty was to the child in need of protection, and there were powerful public policy reasons for not having a duty of care to the parents. There was no reason to treat social workers in this context any differently from policemen or doctors who were not subject to such a duty of care.”
WLR Daily, 14th May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Dunwoody Sports Marketing v. Prescott [2007] EWCA Civ 461
“The power to order substitution of a new party for an existing party to an action under CPR r 19.2 continued after judgment had been given.”
WLR Daily, 17th May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Marcan Shipping (London) Ltd. v. Candida Corpn and another [2007] EWCA Civ 463
“The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.”
WLR Daily, 17th May 2007
Source: www.lawreports.co.uk
Power to delegate reporting obligations
Court of Appeal (Criminal Division)
“A control order that required a suspected terrorist to comply with reporting obligations, the details of which would be specified by a police officer, was valid.”
The Times, 18th May 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.
Contract valid despite nonconformity
Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.
House of Lords
“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”
The Times, 18th May 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.
“Jonathan Rayner looks at why lawyers fear the government’s proposed amended version of the Mental Health Act. Meanwhile Frances Mayne explains how lawyers should prepare for the Mental Capacity Act.”
Law Society’s Gazette, 17th May 2007
Source: www.lawgazette.co.uk
“Proposed reforms to legal aid will destroy specialist civil liberties teams, practitioners have warned.”
Law Society’s Gazette, 17th May 2007
Source: www.lawgazette.co.uk
“The Commercial Court is under pressure because of the number of judges needed to hear criminal cases – and terrorist trials in particular.”
Law Society’s Gazette, 17th May 2007
Source: www.lawgazette.co.uk
Related links: Report of the Commercial Court and Admiralty Court, 2005-2006 (PDF)
“Regulators are investigating the tactics of ‘no win, no fee’ firms that specialise in recovering bank penalty charges, the BBC has learned.”
BBC News, 18th May 2007
Source: www.bbc.co.uk
“Plans to outlaw the creation of ‘human-animal’ embryos are set to be scrapped by ministers amid fears that an outright ban would hamper work on incurable diseases and damage British science.”
The Guardian, 18th May 2007
Source: www.guardian.co.uk
“An attempt to block the government’s plans for a new super-casino has been launched at the High Court in London.”
BBC News, 17th May 2007
Source: www.bbc.co.uk
“A pathologist involved in the Harold Shipman murder case today launched a stinging attack on the government’s proposed reforms to the coroner system, claiming they will do nothing to prevent another such killer.”
The Guardian, 17th May 2007
Source: www.guardian.co.uk
“A control order which places severe curbs on a major terrorist suspect must remain in place, the court of appeal ruled today in a victory for the home secretary, John Reid.”
The Guardian, 17th May 2007
Source: www.guardian.co.uk
Gouldsmith v. Mid-Staffordshire General Hospitals NHS Trust
General Medical Council v. Hiew
Hicks v. Russell Jones & Walker
Lake v. British Transport Police
Daily Telegraph, 17th May 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week.
Survivor was not successor to secure tenancy
Birmingham City Council v. Walker
House of Lords
“Where a joint tenant of council property became by survivorship the sole tenant, before becoming a secure tenant on the introduction of such tenancies in 1980 she was not herself a successor within the meaning of the Housing Act 1985 so as to debar further succession.”
The Times, 17th May 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.
Later appeal decision prevails
Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No. 2)
Court of Appeal (Criminal Division)
“Where a judge at a preparatory hearing made a ruling which was overturned on appeal and a differently constituted Court of Appeal in a subsequent case held that the earlier case had been decided per incuriam, the judge was bound to follow the later decision in the interests of justice as a whole and because any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial The Court of Appeal, Criminal Division, so held when giving reserved reasons for dismissing on April 19 an interlocutory appeal by M, Z, I, R and B against a ruling made on April 4, 2007 by Judge Beaumont, QC, at the Central Criminal Court at a preparatory hearing under Part III of the Criminal Procedure and Investigations Act 1996 when he held that he was bound by the decision in R v Rowe ( The Times March 26, 2007) rather than another Court of Appeal’s decision in the first appeal of R v M and Others (unreported [2007] EWCA Crim 218) which was decided earlier.”
The Times, 17th May 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.
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