Melville Dundas Ltd and Others v George Wimpey UK Ltd and Others – Times Law Reports

Posted May 8th, 2007 in building law, contracts, law reports by sally

Receivership prevents notice of intention from being given

Melville Dundas Ltd. and Others v. George Wimpey UK Ltd. and Others

House of Lords

“A provision that a party to a construction contract could not, unless he had given notice of intention to do so, withhold payment after the final date for payment of a sum due under the contract, did not apply to a lawful ground for withholding payment, such as the contractor going into receivership, when it was not possible for notice to have been given within the statutory time frame.”

The Times, 8th 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.

Indefinite jail terms forecast to treble in the next five years – The Times

Posted May 8th, 2007 in news, sentencing by sally

“An explosion in the use by the courts of a new indeterminate sentence is predicted to nearly treble the number of prisoners serving an indefinite term in jail to a ‘crisis’ level of 25,000 in five years.”

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The Times, 8th May 2007

Source: www.timesonline.co.uk

Softer line on crime vetoed as jails fill up – The Times

Posted May 8th, 2007 in news, prisons, sentencing by sally

“A package of measures to head off a summer prison overcrowding crisis, including abolishing the option of custody for shoplifting offences, has been vetoed by Tony Blair, The Times has learnt.”

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The Times, 8th May 2007

Source: www.timesonline.co.uk

Teachers backed over Muslim wear – BBC News

Posted May 8th, 2007 in education, human rights, Islam, news by sally

“Lord Chancellor Lord Falconer will tell headteachers common sense decisions stopping Muslim pupils wearing Islamic dress would not breach human rights.”

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BBC News, 6th May 2007

Source: www.bbc.co.uk

UK justice ministry set for launch – Financial Times

Posted May 8th, 2007 in Ministry of Justice, news by sally

“The official launch on Wednesday of a newly titled Ministry of Justice as part of the biggest reform of the Home Office in decades will mark the final Whitehall shake-up of the Blair premiership.”

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Financial Times, 8th May 2007

Source: www.ft.com

How the law turns desperate people into criminals – The Independent

Posted May 8th, 2007 in assisted suicide, news by sally

“British courts regard euthanasia as murder and can impose a penalty of life imprisonment. Helping someone to commit suicide is also a criminal offence, punishable with a maximum 14-year jail sentence.”

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The Independent, 8th May 2007

Source: www.independent.co.uk

Home Office rejects jail corruption squads – Daily Telegraph

Posted May 8th, 2007 in corruption, news, prison officers by sally

“Proposals for a powerful anti-corruption unit to tackle widespread bribe-taking by prison officers have been rejected by the Home Office.”

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Daily Telegraph, 7th May 2007

Source: www.telegraph.co.uk

Judges ‘may be forced into lighter sentences’ – Daily Telegraph

Posted May 8th, 2007 in Ministry of Justice, news, sentencing by sally

“Criminals may receive lighter sentences as the result of a new ministry being launched tomorrow, according to England’s most senior judge.”

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Daily Telegraph, 8th May 2007

Source: www.telegraph.co.uk

3,000 ‘freed early’ to ease prison crowding – The Observer

Posted May 8th, 2007 in news, prisons by sally

“The government is considering plans for the early release of up to 3,000 prisoners, after being told by senior members of the judiciary and Prison Service that there is no more room in Britain’s overflowing jails. The news is likely to prompt fresh criticism that ministers failed to anticipate the overcrowding crisis.”

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The Observer, 6th May 2007

Source: www.guardian.co.uk

Chambers that don’t fit the mould – The Times

Posted May 8th, 2007 in barristers by sally

“The stereotype of barristers’ chambers is a Dickens-invoking place in or near the Inns of Court in London, with tweedy decor and a rigidly observed hierarchy.”

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The Times, 8th May 2007

Source: www.timesonline.co.uk

 

Preventing the Ministry of Justice causing injustice – The Times

Posted May 8th, 2007 in Ministry of Justice, news by sally

“Tomorrow the Ministry of Justice will begin work. It will be responsible, in particular, for the courts and tribunals, and for criminal justice, including prisons. George Orwell cautioned that political language ‘is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.’ Many members of the legal profession are worried that the creation of the Ministry may promote substantial injustice.”

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The Times, 8th May 2007

Source: www.timesonline.co.uk

Teachers are treated unfairly in this culture of allegations, says Falconer – The Times

Posted May 8th, 2007 in anonymity, child abuse, news, teachers by sally

“Teachers accused of abuse of pupils should be guaranteed anonymity while the allegations are investigated, the Lord Chancellor said yesterday.”

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The Times, 7th May 2007

Source: www.timesonline.co.uk

Stricter rules will govern premium rate TV quizzes – OUT-LAW.com

Posted May 8th, 2007 in media, news by sally

“Callers to television programmes which use premium rate phone lines must now be told how many others are calling the programme and must be told when their charges reach £10 in a single day.”

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OUT-LAW.com, 4th May 2007

Source: www.out-law.com

The law on damages – Department for Constitutional Affairs

Posted May 8th, 2007 in consultations, damages by sally

“This paper sets out for consultation various issues relating to the law on damages contained in a series of reports published by the Law Commission: Claims for Wrongful Death; Liability for Psychiatric Illness; Damages for Personal Injury: Medical, Nursing and Other Expenses; Collateral Benefits; and Aggravated, Exemplary and Restitutionary Damages.”

The law on damages [CP 9/07], 4th May 2007

Source: www.dca.gov.uk

You owe £23 million, court tells Zambian leader – The Times

Posted May 8th, 2007 in news by sally

“The former President of Zambia and 19 of his subordinates were ordered to pay back £23 million looted during his rule by London’s High Court today.”

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The Times, 4th May 2007

Source: www.timesonline.co.uk

Become less straight, white and male – or go out of business – The Times

Posted May 8th, 2007 in homosexuality, solicitors by sally

“In a better world, Adrian Barlow would be here to talk about his accomplishments as a lawyer. The recognition would not be undeserved: the son of a pathologist, raised in Huddersfield, Barlow read law at Cambridge before rising through the ranks of Simpson Curtis – later Pinsent Masons – to become a partner at only 31. Now, at 44, he is global head of Pinsent Masons property group, responsible for 150 fee earners and £20 million in revenues, boasting clients such as BT and Royal Mail. Instead of discussing his day job, however, we are here to talk about his sexuality.”

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The Times, 4th May 2007

Source: www.timesonline.co.uk

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Posted May 4th, 2007 in conflict of laws, contracts, EC law, law reports, sale of goods by sally

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05) 

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd 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.

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another – WLR Daily

Posted May 4th, 2007 in banking, law reports, proceeds of crime by sally

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another 

“The Serious Organised Crime Agency (SOCA) was a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering. However it should not withhold consent to a bank to allow it to operate a customer’s account under s 335 of the Proceeds of Crime Act 2002 without good reason. It had an obligation to keep matters under review and its refusal of a bank customer’s request to revisit the matter was unlawful.”

WLR Daily, 2nd 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.

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted May 4th, 2007 in landlord & tenant, law reports by sally

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) [2007] EWCA Civ 404

“In the case of an assured tenancy, where the court granted an order for possession using County Court Form N28 but suspended execution on terms, the assured tenancy expired on the last date stated for possession and the occupant remained merely as a ‘tolerated trespasser’.”

WLR Daily, 2nd 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.

MoJ legislation disarray – Law Society’s Gazette

Posted May 4th, 2007 in Ministry of Justice, news by sally

“The government working party tasked with ironing out the problems associated with the creation of the Ministry of Justice (MoJ) still cannot say if it can be established without legislation – despite the Lord Chancellor’s determination that the department will come into being next week.”

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Law Society’s Gazette, 3rd May 2007

Source: www.lawgazette.co.uk