“The under-fire law firms representing sick miners in the British Coal compensation fiasco have accused the Government of hypocrisy after its costs topped £2bn.”
The Lawyer, 15th May 2007
Source: www.thelawyer.com
“Magistrates’ decisions are made on the basis of stereotypes, and ignore advice from experts, research says.”
The Times, 15th May 2007
Source: www.timesonline.co.uk
“Scotland Yard’s reaction to killings and attacks on gay, lesbian and transsexual people has historically been blighted by “institutional” homophobia, according to a report. A review of how detectives handled 10 murders of gay men or transsexuals says that in some cases inquiries were hampered by lack of knowledge, reliance on unfounded stereotypes and personal prejudices. Of the cases examined in a process sanctioned by the Met, four remain unsolved.”
The Guardian, 15th May 2007
Source: www.guardian.co.uk
“Frontline police called on the Government today to reverse the target-driven culture that has forced them to make ‘ludicrous’ decisions such as arresting a child for throwing cream buns.”
The Independent, 15th May 2007
Source: www.independent.co.uk
“Senior judges will today consider whether to issue an unprecedented condemnation of the new Ministry of Justice, launched last week without the constitutional safeguards they regard as essential.”
Daily Telegraph, 15th May 2007
Source: www.telegraph.co.uk
“The government’s anti-terror policy was dealt another blow today after judges ruled against deporting a man cleared of plotting to launch a poison attack on London.”
The Guardian, 14th May 2007
Source: www.guardian.co.uk
“John Reid, the outgoing home secretary, yesterday called for controversial human rights laws to be watered down because he fears they are allowing terrorists to run free.”
The Sunday Times, 13th May 2007
Source: www.timesonline.co.uk
“One of the two robbers convicted of murdering Linklaters lawyer Tom ap Rhys Pryce had his minimum custodial term increased by the Court of Appeal today.”
The Times, 14th May 2007
Source: www.timesonline.co.uk
“The Government has proposed a change to the damages available under the Copyright, Designs and Patents Act, ruling out the possibility of the award of punitive damages in civil cases of copyright infringement.”
OUT-LAW.com, 14th May 2007
Source: www.out-law.com
R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) (Case C-252/05)
“The fact that the escape of waste water from a sewage system was accidental did not prevent the waste water from having been “discarded” and hence from being “waste” within Directive 75/442.”
WLR Daily, 10th 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.
Secretary of State for Trade and Industry v. Eastaway (No. 2)
“A company director against whom disqualification proceedings were pending was not entitled to have an undertaking made under the Carecraft procedure (see In re Carecraft Construction Co Ltd [1994] 1 WLR 172) set aside and the disqualification proceedings dismissed on the ground that the Strasbourg court had concluded that his civil rights and obligations had not been determined within a reasonable time pursuant to art 6 of the Convention.”
WLR Daily, 10th May 2007
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Family home is at risk from trustee after court transfer
Chancery Division
“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”
The Times, 14th May 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Counter-restitution not required
Halpern and Another v. Halpern and Others (No. 2)
Court of Appeal
“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”
The Times, 14th 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.
“Britain is becoming a nation of “law junkies”, with thousands heading to see lawyers each week, according to a survey.”
The Times, 14th May 2007
Source: www.timesonline.co.uk
“Cherie Blair could become a successful judge but only if she abandons her plans to become a fixture on the lucrative lecture circuit, she was advised yesterday.”
Daily Telegraph, 14th May 2007
Source: www.telegraph.co.uk
“The new justice secretary, Lord Falconer, is under pressure to find a solution to the prison overcrowding crisis without threatening judicial independence by leaning on judges to pass lighter sentences.”
The Guardian, 14th May 2007
Source: www.guardian.co.uk
“Junior doctors will this week take the health secretary, Patricia Hewitt, to court in a final attempt to stop a job selection process she admits “has simply not worked”. Remedy UK, an organisation representing 10,000 young doctors, is seeking a judicial review that would mean all training posts granted under the discredited system would only last for a year, allowing for a fairer system to be introduced in six months.”
The Guardian, 14th May 2007
Source: www.guardian.co.uk
“Prisoners are being held in court cells that cost more per night than a suite at the Ritz it emerged as ministers were accused of an ‘absurd waste of money’.”
The Independent, 14th May 2007
Source: www.independent.co.uk
“Anti-Fraud experts are calling on the Government to start regulating virtual online communities amid fears that criminals and terrorists could use them to launder money.”
Daily Telegraph, 14th May 2007
Source: www.telegraph.co.uk
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