Legal News

Miners? solicitors to face court action ? Law Society?s Gazette

Posted on March 05, 2010
“Solicitors who handled sick coal miners? government compensation claims are set to appear before courts across the country, as the first known court actions for alleged undersettlement of such claims begin to emerge.” Full story Law Society’s Gazette, 4th March 2010 Source: www...

Libel success fees limited to 10% ? Law Society?s Gazette

Posted on March 05, 2010
“The success fees charged by lawyers in defamation cases will be cut by 90% after justice secretary Jack Straw laid an order to amend the laws on ?no win, no fee? agreements.” Full story Law Society’s Gazette, 5th March 2010 Source: www...

Protecting children ? Home Office

Posted on March 05, 2010
“Today the Home Secretary, Alan Johnson, announced the roll-out of a pioneering scheme that will improve protection for children. The child sex offender disclosure scheme gives members of the public a formal mechanism to make enquires about people who are in contact with children...

Bar Council Welcomes Government?s Decision to Create New Executive Agency to Administer Legal Aid ? The Bar Council

Posted on March 05, 2010
“The Bar Council has welcomed the Ministry of Justice?s decision announced today to create a new executive agency to replace the Legal Services Commission (LSC) to administer legal aid.” Full press release The Bar Council, 3rd March 2010 Source: www...

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Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others ? WLR Daily

Posted on March 05, 2010
Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others [2010] EWCA Civ 110; [2010] WLR (D) 64 “The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own [...

Regina v Lancaster ? WLR Daily

Posted on March 05, 2010
Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63 “Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material [...

Regina v NW ? WLR Daily

Posted on March 05, 2010
Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62 “The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time...

Swansea benefit fraud businessman jailed over repayment ? BBC News

Posted on March 05, 2010
“A businessman jailed for not fully paying £200,000 for falsely claiming benefits is being charged 8% compound interest on £166,000 he still owes.” Full story BBC News, 4th March 2010 Source: www.bbc.co.uk

Footballer jailed for ?career ending? tackle ? BBC News

Posted on March 05, 2010
“A footballer has been jailed for six months for a ‘career ending’ tackle on another player.” Full story BBC News, 4th March 2010 Source: www.bbc.co.uk

Man jailed for fatal bus attack ? The Independent

Posted on March 05, 2010
“A bus driver who used his single-decker bus to knock down and kill a man who tried to confront him over damage caused to his pick-up truck was jailed for seven and a half years yesterday.” Full story The Independent, 5th March 2010 Source: www...

Brown defends silence over jailing of Venables ? The Independent

Posted on March 05, 2010
“The Prime Minister has defended the Government’s refusal to explain why one of the murderers of James Bulger has been returned to prison, as new claims emerged that the killer had a recent history of violence and drug abuse.” Full story  The Independent, 5th March 2010 Source: www...

Woman gets two years for false rape claims ? The Guardian

Posted on March 05, 2010
“A mother-of-three was today jailed for two years for falsely claiming she had been harassed and raped by an unknown stalker, despite protests from her family and anti-rape campaigners that she had been telling the truth.” Full story The Guardian, 4th March 2010 Source: www...

Plan to change war crimes law delayed by general election ? The Guardian

Posted on March 05, 2010
“Changes in the law to remove the threat of foreign politicians becoming victims of ‘politically motivated’ war crime arrests every time they visit Britain have been postponed until after the general election. The justice secretary, Jack Straw, said the decision to delay immediate legislation had been taken because the government recognised it was a controversial [...

Sheringham defeats Tesco with vote for Clive Hay-Smith?s eco-store ? The Times

Posted on March 05, 2010
“It was a little town without a Tesco, a curiosity in modern Britain, though no one expected that it would remain that way for very long. Sheringham, in Norfolk, has held out for 14 years against the advances of the all-conquering supermarket. Yesterday, against expectations and the advice of the town?s planning officials, the forces [...

eBay golf club conman Gary Bellchambers jailed for four years ? The Times

Posted on March 05, 2010
“The head of a global crime network that duped eBay customers into buying fake branded golf clubs was jailed yesterday.” Full story The Times, 5th March 2010 Source: www.timesonline.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court ? OUT-LAW.com

Posted on March 04, 2010
“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.” Full story OUT-LAW.com, 4th March 2010 Source: www...

BBC Radio producer jailed over sex tapes ? BBC News

Posted on March 04, 2010
“A BBC radio producer who secretly filmed himself having sex with five different women has been jailed for eight months.” Full story BBC News, 4th March 2010 Source: www.bbc.co.uk

Woman who conned grandmother and fiance jailed ? BBC News

Posted on March 04, 2010
“A conwoman who attempted to cheat her grandmother and fiance out of £160,000 has been jailed for three years.” Full story BBC News, 4th March 2010 Source: www.bbc.co.uk

Lords force rethink of government?s online piracy plans ? BBC News

Posted on March 04, 2010
“The government has been defeated in the House of Lords over measures to tackle online piracy after opponents said the plans could hamper digital innovation.” Full story BBC News, 4th March 2010 Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted on March 04, 2010
Supreme Court W (Children), Re (Rev 1) [2010] UKSC 12 (03 March 2010) Lewis, R (on the application of) v Redcar and Cleveland Borough Council & Anor (Rev 1) [2010] UKSC 11 (03 March 2010) Martin v Her Majesty’s Advocate [2010] UKSC 10 (03 March 2010) Court of Appeal (Criminal Division) R v W [2010] EWCA Crim 372 [...

Regina v W ? WLR Daily

Posted on March 04, 2010
Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61 “Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said [...

Regina v Upper Bay Ltd ? WLR Daily

Posted on March 04, 2010
Regina v Upper Bay Ltd [2010] WLR (D) 60 “The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent [...

Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) ? WLR Daily

Posted on March 04, 2010
Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59 “The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes [...

Regina (Lewis) v Redcar and Cleveland Borough Council and Another ? Times Law Reports

Posted on March 04, 2010
Regina (Lewis) v Redcar and Cleveland Borough Council and Another Supreme Court “Where land had been used for lawful sports and pastimes for at least 20 years and local inhabitants had not tried to prevent golf being played there did not preclude the inhabitants? use of the land from being as of right so as to allow [...

Recent Statutory Instruments ? OPSI

Posted on March 04, 2010
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2010 The Building Societies (Financial Assistance) Order 2010 The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 The Port Security (Avonmouth Dock and Royal Portbury Dock and Port of Bristol Security Authority) Designation Order 2010 The General Medical Council (Marking of the General Practitioner Register) Regulations Order of Council 2010 The [...

Straw announces new vision for legal aid delivery ? Ministry of Justice

Posted on March 04, 2010
“The Ministry of Justice has today announced new plans for the future delivery of legal aid.” Full story Ministry of Justice, 3rd March 2010 Source: www.justice.gov.uk

Top family law post vacant after challenge to government critic ? The Times

Posted on March 04, 2010
“Jack Straw has challenged the appointment of a new head of the family justice system who castigated the Government over its policies, including opening family courts, The Times has learnt.” Full story The Times, 4th March 2010 Source: www...

In re Stanford International Bank Ltd (in liquidation) ? WLR Daily

Posted on March 02, 2010
In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55 “The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not [...

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard ? Times Law Reports

Posted on March 02, 2010
Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard Court of Appeal “Perils of the sea were not to be equated with inherent vice of the cargo when assessing whether a marine loss was excluded from an all-risks policy of insurance...

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another ? Times Law Reports

Posted on March 02, 2010
Regina (Perinpanathan) v City of Westminster Magistrates Court and Another Court of Appeal “Magistrates were entitled not to order the police to pay the costs of a claimant who had successfully defended a forfeiture case on the ground that the police had reasonably and properly brought the proceedings in the public interest...

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