Legal News

Iqbal v Prison Officers Association ? WLR Daily

Posted on December 07, 2009
Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355 “A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health [...

Shanks v Unilever plc and others ? WLR Daily

Posted on December 07, 2009
Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354 “The words ‘that person’ in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time...

Veakins v Kier Islington Ltd ? WLR Daily

Posted on December 07, 2009
Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353 “In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment...

Regina (Adams) v Secretary of State for Justice ? Times Law Reports

Posted on December 07, 2009
Regina (Adams) v Secretary of State for Justice Court of Appeal “A convicted person seeking compensation after the reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there was a miscarriage of justice had to show that the facts were unknown to him during the trial or appeal...

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OQ (India) and Another v Secretary of State for the Home Department ? Times Law Reports

Posted on December 07, 2009
OQ (India) and Another v Secretary of State for the Home Department Court of Appeal “Where a person sought a right of entry and residence as a dependant of a European Union citizen, it was not a requirement to ask whether the claimed dependency arose from a need for the support of such a citizen...

Recent Statutory Instruments ? OPSI

Posted on December 07, 2009
The Private Water Supplies Regulations 2009 The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2009 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2009 The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009 The Child Support (Management of Payments and Arrears) Regulations 2009 The Income Support (Prescribed Categories of [...

Committee set up to review the Court of Protection Rules 2007 ? Judiciary of England and Wales

Posted on December 07, 2009
“Committee set up to review the Court of Protection Rules 2007.” Full press release Judiciary of England and Wales, 4th December 2009 Source: www.judiciary.gov.uk

Fertility blunder risk due to slow regulator: review ? Daily Telegraph

Posted on December 07, 2009
“Couples undergoing fertility treatment are being left at risk of embryo mix-ups and blunders because the industry regulator fails to take action early enough, a review has found.” Full story Daily Telegraph, 7th December 2009 Source: www...

Judge questions Queen?s privacy threat ? Daily Telegraph

Posted on December 07, 2009
“A senior judge has made comments which call into question whether the Queen and Royal family will be able to stop photographers taking pictures of them going about their private lives.” Full story Daily Telegraph, 7th December 2009 Source: www...

Assisted suicide: disabled campaigner in 11th hour court challenge ? Daily Telegraph

Posted on December 07, 2009
“Alison Davis claims that a legal ruling that forced the change was unsound, alleging the ‘apparent bias’ of one of the judges, Lord Phillips of Worth Matravers, now the Supreme Court?s president, who later expressed strong personal views on the subject in an interview with The Daily Telegraph...

Doctors demand formal inquest for Dr David Kelly ? BBC News

Posted on December 07, 2009
“Six doctors are taking legal action to demand a formal inquest into the death of government scientist Dr David Kelly.” Full story BBC News, 5th December 2009 Source: www.bbc.co.uk

Rapist of child fails in appeal ? BBC News

Posted on December 07, 2009
“A rapist who photographed himself abusing a girl has failed in an attempt to reduce his jail term.” Full story BBC News, 4th December 2009 Source: www.bbc.co.uk

Police U-turn on photographers and anti-terror laws ? The Independent

Posted on December 07, 2009
“Police forces across the country have been warned to stop using anti-terror laws to question and search innocent photographers after The Independent forced senior officers to admit that the controversial legislation is being widely misused.” Full story The Independent, 5th December 2009 Source: www...

MoD ?did not want to breach privacy of detainee? ? The Independent

Posted on December 07, 2009
“The Government misled MPs over Britain?s role in the rendition of two men arrested by the UK and then imprisoned by the Americans for five years in Afghanistan, it is claimed today.” Full story The Independent, 7th December 2009 Source: www...

Loss of court reporters is a blow to open justice ? The Guardian

Posted on December 07, 2009
“Open justice, an essential ingredient of a democracy, is usually understood to mean the absence of secret trials and the right of the individual ? subject to very few carefully defined exceptions ? to enter any of our courts and watch proceedings, without hindrance...

Super-injunctions do limit freedom of speech, Speaker?s lawyers advise ? The Guardian

Posted on December 07, 2009
“Controversial ’super-injunctions’ highlighted by the Guardian do prevent the media’s reporting of proceedings in parliament, the Commons Speaker’s  legal team have advised in a move MPs will regard as a real threat to free speech...

Unmarried couples need new legal rights, says reform judge ? The Times

Posted on December 07, 2009
“Two million unmarried couples need new legal rights to protect them from injustice if they separate, the new senior judge in charge of law reform has said.” Full story The Times, 7th December 2009 Source: www.timesonline.co.uk

Cyclists targeted as Westminster Council goes after ?lycra louts? ? The Times

Posted on December 07, 2009
“The swelling ranks of badly behaved cyclists may soon face more than an angry cabbie honking his horn or a pedestrian giving the V sign. A council determined to make them obey the Highway Code is to deploy enforcers in a hunt for so-called ‘Lycra louts’ as they whizz through red lights or ride listening [...

Bankers? killers make appeal bid ? BBC News

Posted on December 04, 2009
“Two brothers who admitted the manslaughter of a senior banking executive in Norfolk have appealed against their jail terms.” Full story BBC News, 3rd December 2009 Source: www.bbc.co.uk

Motorist loses crash death appeal ? BBC News

Posted on December 04, 2009
“A motorist who was drunk when she hit and killed a 15-month-old boy in his pushchair has lost her appeal against her seven-year sentence.” Full story BBC News, 4th December 2009 Source: www.bbc.co.uk

When ministers take an 18 per cent pay cut, then we will be silent, says chairman-elect of the Bar Council ? The Times

Posted on December 04, 2009
“Keir Starmer, the Director of Public Prosecutions, had better watch out. Next year?s Bar chairman has the Crown Prosecution Service in his sights. Nicholas Green, QC, talks of gathering storm clouds threatening the stability of the Bar and of pressures bearing down with ‘potentially devastating effect’...

BAILII: Recent Decisions

Posted on December 04, 2009
High Court (Technology and Construction Court) YJL London Ltd v Roswin Estates LLP [2009] EWHC 3174 (TCC) (03 December 2009) Source: www.opsi.gov.uk

Recent Statutory Instruments ? OPSI

Posted on December 04, 2009
The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 The Parliamentary Pensions (Amendment) (No 2) Regulations 2009 The County Borough of Bridgend (Communities) Order 2009 The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009 The City and County of Cardiff (Old St...

Aventis Pasteur SA v OB ? WLR Daily

Posted on December 04, 2009
Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352  ”The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period...

In re I (A Child) ? WLR Daily

Posted on December 04, 2009
In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351 “The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child?s future, contained in art 12...

R (Adams) v Secretary of State for Justice ? WLR Daily

Posted on December 04, 2009
R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350 “A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts [...

In re I (a Child) (Jurisdiction) ? Times Law Reports

Posted on December 04, 2009
In re I (a Child) (Jurisdiction) Supreme Court “The right of parties in child contact proceedings to opt in to the jurisdiction of a European Union country which would not otherwise have jurisdiction to determine the child?s future could apply when the child lived outside the European Union...

Regina v Clements ? Times Law Reports

Posted on December 04, 2009
Regina v Clements Court of Appeal “In a prosecution for a sexual offence, a previous conviction, even if for a sexual offence, was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged...

Solicitor to be sentenced after stealing £90,000 from blind widow ? Law Society?s Gazette

Posted on December 04, 2009
“A Black Country solicitor faces jail after stealing £90,000 from a blind widow and spending the money on luxury items including a pedigree ?teacup? chihuahua.” Full story Law Society’s Gazette, 3rd December 2009 Source: www.lawgazette...

Criminal law: youth justice and sentencing ? Law Society?s Gazette

Posted on December 04, 2009
“Major changes are being made to the way that courts may sentence young offenders. On 27 April, provisions were brought into force to increase the use of ­referral orders. These are manda­tory if the offence is imprisonable and a first-time offender admits the offence and all connected offences, and the court does not deal with [...

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