Legal News

House of Lords Judgments: What?s new?

Posted on March 26, 2009
Thorner (Appellant) v Majors and others (Respondents) [2009] UKHL 18 (25 March 2009) Source: www.parliament.uk

Thorner v Major and others - WLR Daily

Posted on March 26, 2009
Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111 “Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer [...

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) - WLR Daily

Posted on March 26, 2009
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110 “Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential [...

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same - WLR Daily

Posted on March 26, 2009
MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109 “A careful approach was to be applied when one was considering an asylum application and the question whether an asylum-seeker was excluded from the provisions of the Refugee Convention by reason of art 1F(c) [...

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R (Mendes and another) v Southwark London Borough Council - WLR Daily

Posted on March 26, 2009
R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108 “A judge needed to give reasons for preferring one side?s arguments over the other on an application for costs made by written submissions following the case being settled...

Thorner v Major and Others - Times Law Reports

Posted on March 26, 2009
Thorner v Major and Others House of Lords “Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.” The Times, 26th March 2009 Source: www.timesonline...

John Darwin: ?Back-from-the-dead canoeist? appeals his sentence - Daily Telegraph

Posted on March 26, 2009
“John Darwin, the ‘back-from-the-dead canoeist’ who was jailed for carrying out a ’sophisticated’ £250,000 fraud, is challenging his six-year prison sentence in the Court of Appeal on Thursday.” Full story Daily Telegraph, 26th March 2009 Source: www...

The Acas view: our new code will have a positive impact - The Times

Posted on March 26, 2009
“New legislation is often welcomed with a whiff of trepidation, especially by businesses. Change ? in particular legal change ? usually prompts feelings of uncertainty and suspicion.” Full story The Times, 26th March 2009 Source: www.timesonline...

Dreamspace artist to be sentenced - BBC News

Posted on March 26, 2009
“The creator of an inflatable artwork which blew away in a County Durham park killing two women will be sentenced later for health and safety breaches.” Full story BBC News, 26th March 2009 Source: www.bbc.co.uk

Seventy is far too early for a supreme court judge to retire . . . - The Times

Posted on March 26, 2009
“The Lord Chancellor will soon be announcing who will fill the vacancies on the new supreme court, which begins work in October when the law lords move across Parliament Square to Middlesex Guildhall. There is a very strong case for increasing the retirement age for supreme court justices from 70 to 75...

New law sought to assist families of missing people - The Guardian

Posted on March 26, 2009
“… a private member’s bill being debated by MPs tomorrow would allow relatives to apply to the high court for a declaration that someone is missing and presumed dead before seven years has expired, making it easier to deal with issues like the dissolution of a marriage and the disposal of property and insurance claims...

Bringing barristers into harmony with the times - The Times

Posted on March 26, 2009
“Deech, 65, looks unlikely to do anything faintly. As chairwoman of the Bar Standards Board (BSB), the body in charge of education, training and standards of barristers, she is next week launching research on public trust in the profession, plus a reformed system for handling complaints against barristers ? a telephone complaints line; improved plain [...

Extent of council spying revealed - BBC News

Posted on March 26, 2009
“Councils in England and Wales have used controversial spying laws 10,000 times in the past five years, figures obtained by the Liberal Democrats show.” Full story BBC News, 26th March 2009 Source: www.bbc.co.uk

Jackson review triggers debate over costs in top-end litigation - Legal Week

Posted on March 26, 2009
“Concerns have been raised about whether Lord Justice Rupert Jackson?s review into the high cost of civil litigation should apply to large-scale commercial disputes.” Full story Legal Week, 26th March 2009 Source: www.legalweek.com

Family courts: the poor and most vulnerable are paying dearly - The Times

Posted on March 26, 2009
“Happily most people will never meet a family law barrister professionally. Those who do, however, will almost certainly be at a time of great crisis in their life. From an acrimonious breakdown of a marriage or civil partnership to the State intervening to remove children who medical or social work professionals believe (rightly or wrongly) [...

Charon Reports: Cheating or taking professional advice? - Charon QC

Posted on March 26, 2009
“Today I talked to John Foster, spokesman for Oxbridge Training Contracts about the legality of his service, his view of the ethics and exactly what Oxbridge Training Contracts is actually offering to students who wish to use their services. We also talk about the provision of model answers, tailored to specific questions put by [...

Recent Statutory Instruments - OPSI

Posted on March 26, 2009
The South London Healthcare National Health Service Trust (Establishment) and the Bromley Hospitals National Health Service Trust, the Queen Elizabeth Hospital National Health Service Trust and the Queen Mary?s Sidcup National Health Service Trust (Dissolution) Order 2009 The Enactment of Extra-Statutory Concessions Order 2009 The Official Statistics Order 2009 Source: www...

Magistrate ?fell asleep? during trial - Daily Telegraph

Posted on March 26, 2009
“A magistrate, John Harrison, is under investigation after reportedly falling asleep during a teenager’s trial for an alleged assault.” Full story Daily Telegraph, 26th March 2009 Source: www.telegraph.co.uk

Gurkhas resume settlement battle - BBC News

Posted on March 26, 2009
“The government may be ‘humiliated’ into complying with a timetable to change its immigration policy on Gurkha veterans, a solicitor has said.” Full story BBC News, 26th March 2009 Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted on March 26, 2009
Court of Appeal (Criminal Division) Stewart, R v [2009] EWCA Crim 593 (26 March 2009) Farrell, R. v [2009] EWCA Crim 511 (13 March 2009) Court of Appeal (Civil Division) AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240 (26 March 2009) High Court (Chancery Division) Thorpe v Revenue and Customs [2009] EWHC 611 (Ch) (26 [...

Kirk Reid: Children?s football coach guilty of stalking and sexually assaulting 25 women - Daily Telegraph

Posted on March 26, 2009
“Kirk Reid, a children’s football coach, has been convicted of stalking and sexually assaulting 25 women in London over 12 years.” Full story Daily Telegraph, 26th March 2009 Source: www.telegraph.co.uk

LSB reviews independence of law watchdogs - Legal Week

Posted on March 25, 2009
“The Legal Services Board (LSB) has launched a review of regulatory independence in the profession as the oversight body moves to flesh out the framework governing the business of law.” Full story Legal Week, 25th March 2009 Source: www.legalweek...

Businesses are not always free to change lawyers, rules tribunal - OUT-LAW.com

Posted on March 25, 2009
“Companies may begin to use complex commercial services contracts when engaging law firms after a case underlined the rights of workers whose jobs are transferred to another firm.” Full story OUT-LAW.com, 25th March 2009 Source: www.out-law...

BAILII: Recent Decisions

Posted on March 25, 2009
Court of Appeal (Criminal Division) Burdett & Anor, R. v [2009] EWCA Crim 543 (12 February 2009) Seddon, R. v [2009] EWCA Crim 483 (10 March 2009) Court of Appeal (Civil Division) Breckland District Council & Ors, R (on the application of) v The Boundary Committee & Ors [2009] EWHC Civ 239 (25 March 2009) High Court (Chancery Division) Kellogg Brown [...

Judges group attack sentence plan - BBC News

Posted on March 25, 2009
“The body which represents 652 judges in England and Wales has attacked government proposals to introduce compulsory guidelines on sentences.” Full story BBC News, 25th March 2009 Source: www.bbc.co.uk

Peers call for independent inquiry into allegations of UK role in torture - The Guardian

Posted on March 25, 2009
“Thirteen peers today added their voices to the calls for an independent inquiry into allegations about Britain’s role in torture and extraordinary rendition.” Full story The Guardian, 25th March 2009 Source: www.guardian.co.uk

Jack Straw unveils tougher corruption laws - The Times

Posted on March 25, 2009
“Offering bribes to foreign public officials will be made illegal under long-awaited reforms to the UK?s bribery laws published today.” Full story The Times, 25th March 2009 Source: www.timesonline.co.uk

Recent Statutory Instruments - OPSI

Posted on March 25, 2009
The A6 and A5111 Trunk Roads (Raynesway Park Junction Improvement) Order 2009 The Western Sussex Hospitals National Health Service Trust (Establishment) and the Royal West Sussex National Health Service Trust and the Worthing and Southlands Hospitals National Health Service Trust (Dissolution) Order 2009 The Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 The European Communities (Designation) (No...

Ministers win vote on gay hatred - BBC News

Posted on March 25, 2009
“An attempt to insert a defence of ‘free speech’ into a bill designed to criminalise incitement to hatred over sexual orientation has failed.” Full story BBC News, 24th March 2009 Source: www.bbc.co.uk

Barnett v Secretary of State for Communities and Local Government and another - WLR Daily

Posted on March 25, 2009
Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107 “The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission...

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