Public bodies face legal threat over disability scheme – The Times

Posted April 4th, 2007 in disability discrimination, news by sally

“The Disability Rights Commission has threatened 65 public organisations including fire services, councils, colleges and probation boards with legal action after accusing them of failing to comply with new disability laws. ”

Full story

The Times, 4th April 2007

Source: www.timesonline.co.uk

Darfur refugees allowed to stay in the UK – The Guardian

Posted April 4th, 2007 in asylum, news, Sudan by sally

“The removal of Darfuri asylum seekers from the UK for relocation in Sudanese refugee or squatter camps was brought to an abrupt halt by the court of appeal today.”

Full story

The Guardian, 4th April 2007

Source: www.guardian.co.uk

BAILII: Recent decisions

Posted April 4th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Hickling v Baker [2007] EWCA Civ 287 (04 April 2007)

Court of Appeal (Criminal Division)

Leaf, R. v [2007] EWCA Crim 802 (04 April 2007)

Taylor & Anor, R. v [2007] EWCA Crim 803 (04 April 2007)

Gittins & Anor, R. v [2007] EWCA Crim 806 (04 April 2007)

European Court of Human Rights

COPLAND v. THE UNITED KINGDOM – 62617/00 [2007] ECHR 253 (3 April 2007)

Source: www.bailii.org

Grandmother faces manslaughter charge after dog killed five-year-old – The Guardian

Posted April 4th, 2007 in dogs, news by sally

“The grandmother of a five-year-old girl who was mauled to death by a pit bull terrier-type dog was yesterday charged with manslaughter. Ellie Lawrenson suffered severe head and neck injuries in the attack by her uncle’s pet at her grandmother Jackie Simpson’s home in St Helens, Merseyside, early on New Year’s Day.”

Full story

The Guardian, 4th April 2007

Source: www.guardian.co.uk

Al Fayed urged to give plot evidence – The Times

Posted April 4th, 2007 in news by sally

“Mohamed Al Fayed was again challenged yesterday to produce evidence of his claim that his son Dodi and Diana, Princess of Wales, were murdered in an Establishment plot led by the Duke of Edinburgh.”

Full story

The Times, 4th April 2007

Source: www.timesonline.co.uk

Casinos pin hopes on judicial review – The Times

Posted April 4th, 2007 in gambling, judicial review, news by sally

“Existing casino operators have been granted a judicial review of the Government’s proposals for a new generation of casinos.”

Full story 

The Times, 4th April 2007

Source: www.timesonline.co.uk

WWF – World Wide Fund for Nature and another v. World Wrestling Federation Inc – WLR Daily

Posted April 4th, 2007 in damages, law reports by sally

WWF – World Wide Fund for Nature and another v. World Wrestling Federation Entertainment Inc [2007] EWCA (Civ) 286 

“On an action for breach of covenant the court could grant injunctions to restrain future breaches and damages for past breaches which could be in the form of a reasonable payment for the hypothetical release of that covenant during the period of the breach. However, if the claimant had sought to add a claim for an account of profits arising from the breach on the basis that such damages would not be claimed, and permission had been refused, it would be an abuse of process for him subsequently to advance a claim for such damages against the same defendant in the same action.”

WLR Daily, 3rd April 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.

Malcolm v. Director of Public Prosecutions – Times Law Reports

Posted April 4th, 2007 in evidence, law reports by sally

New evidence after justices retire

Malcolm v. Director of Public Prosecutions

Queen’s Bench Division 

“Justices could, in special circumstances, receive further evidence after they had retired to consider their verdict. ”

The Times, 4th April 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.

Brown v. Secretary of State for Work and Pensions – Times Law Reports

Posted April 4th, 2007 in benefits, law reports by sally

No offset for overpaid benefit

Brown v. Secretary of State for Work and Pensions

Court of Appeal 

“Where payments of disability living allowance had been suspended for overpayment and a redetermination made, payments subsequently awarded could not be offset against the irrecoverable overpayment, since the amount of payments would vary depending on how long it took for the redetermination to be reached.”

The Times, 4th April 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.

Potter v. Scottish Ministers – Times Law Reports

Posted April 4th, 2007 in law reports by sally

Prison telephone call policy breaches inmate’s rights

Potter v. Scottish Ministers

Court of Session, Outer House 

“There was no lawful authority for interference with a prisoner’s right to private and family life by the imposition of a policy under which a message was played to the recipient of his telephone calls stating that the call was being made from a prison. ”

The Times, 4th April 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.

Lady Falkender wins BBC drama damages – Daily Telegraph

Posted April 4th, 2007 in defamation, news by sally

“The BBC is to pay Lady Falkender £75,000 in damages over a drama documentary claiming she conducted an adulterous affair with Harold Wilson and exercised undue influence over the compilation of his resignation honours list.”

Full story

Daily Telegraph, 4th April 2007

Source: www.telegraph.co.uk

Big money at US firms lures top London lawyers – The Times

Posted April 4th, 2007 in law firms, news by sally

“The lucrative earnings at American law firms are luring increasing numbers of top London lawyers, according to a new survey released today. ”

Full story

The Times, 4th April 2007

Source: www.timesonline.co.uk

Briton loses battle to be extradited to America on computer hacking charges – The Times

Posted April 4th, 2007 in computer crime, extradition, news by sally

“A British man with an obsession with UFOs who is accused of being the “biggest military computer hacker of all time” has lost his battle to avoid extradition to the United States.”

Full story

The Times, 4th April 2007

Source: www.timesonline.co.uk

Stockbroker wins £22,000 damages for paternity deceit – The Guardian

Posted April 4th, 2007 in damages, news, paternity by sally

“A wealthy stockbroker whose former girlfriend deceived him into believing he had fathered her son was awarded £22,400 damages against her in the high court yesterday. In what is believed to be the first case of its kind in Britain, the man, 63, known only as Mr A for legal reasons, claimed compensation for the emotional hurt of thinking he was the father when he was not. He also claimed for being significantly out of pocket after paying for the child’s maintenance and his fees at Charterhouse school.”

Full story

The Guardian, 4th April 2007

Source: www.guardian.co.uk

UK hacker loses extradition fight – BBC News

Posted April 3rd, 2007 in computer crime, extradition, news by sally

“A British man has lost his High Court fight against extradition to the US for allegedly carrying out the ‘biggest military computer hack of all time’.”

Full story

BBC News, 3rd April 2007

Source: www.bbc.co.uk

Part 46 of the Civil Procedure Rules: fast track trial costs – Department for Constitutional Affairs

Posted April 3rd, 2007 in consultations, costs by sally

“This consultation paper makes proposals in relation to Part 46 of the Civil Procedure Rules, which deals with fast track trial costs. The paper proposes that these costs should be increased to take account of the rise in inflation since they were first introduced in April 1999.”

Part 46 of the Civil Procedure Rules: fast track trial costs CO(L) 06/07, 3rd April 2007

Source: www.dca.gov.uk

Lord Chancellor takes Ministry of Justice role as Home Office split sparks concern – The Lawyer

Posted April 3rd, 2007 in Ministry of Justice, news by sally

“The new Secretary of State for Justice has confirmed that he will remain in the role of Lord Chancellor when taking up his newly formed post.”

Full story

The Lawyer, 3rd April 2007

Source: www.thelawyer.com

Secretary of State for the Home Department v. AF – WLR Daily

Posted April 3rd, 2007 in human rights, law reports by sally

Secretary of State for the Home Department v. AF

“A control order made by the Secretary of State imposing restrictions which amounted cumulatively to a deprivation of liberty was a nullity.”

WLR Daily, 2nd April 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.

O’Hanlon v. Revenue and Customs Commissioners – WLR Daily

Posted April 3rd, 2007 in disability discrimination, law reports by sally

O’Hanlon v. Revenue and Customs Commissioners [2007] EWCA (Civ) 283

“An employer’s sick pay policy prohibiting unlimited full pay for a disabled employee having lengthy absences from work due to her disability did not entitle her to bring a claim for discrimination under the Disability Discrimination Act 1995.

WLR Daily, 2nd April 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.

Hundreds to move to open prisons to ease crowding – The Independent

Posted April 3rd, 2007 in news, prisons by sally

“Hundreds of prisoners will be moved into open prisons within days to ease pressure on Britain’s bursting jails.”

Full story

The Independent, 3rd April 2007

Source: www.independent.co.uk