Legal News

Earl Cadogan and another v Sportelli and another - WLR Daily

Posted on December 11, 2008
Earl Cadogan and another v Sportelli and another [2008] UKHL 71; [2008] WLR (D) 378 “In determining the price payable by tenants for leasehold enfranchisement, landlords and freeholders generally were not entitled to ‘hope value’ as an element in the value of their interests...

Savage v South Essex Partnership NHS Foundation Trust - Times Law Reports

Posted on December 11, 2008
Savage v South Essex Partnership NHS Foundation Trust House of Lords “The right to life protected by article 2 of the European Convention on Human Rights imposed an operational obligation on medical authorities to do all that could reasonably be expected of them to prevent a patient detained in a mental hospital who was known to be [...

?Feck? is not an offensive word, rules ASA - OUT-LAW.com

Posted on December 11, 2008
“A poster for Magners cider that featured the words ‘Feck off bees’ has been cleared by the UK’s advertising watchdog. The word ‘feck’ is unlikely to be seen as a swearword, said the Advertising Standards Authority (ASA)...

Brown adviser: Labour?s rights record dismal - The Guardian

Posted on December 11, 2008
“One of the eminent outsiders brought into Gordon Brown’s ‘government of all the talents’ has revealed that he quit in disgust at what he describes as Labour’s “dismal” lack of political leadership on human rights...

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Leading legal figures review effectiveness of Law Society - Legal Week

Posted on December 11, 2008
“A group of high-profile legal figures including Linklaters senior partner David Cheyne and Simmons & Simmons managing partner Mark Dawkins have questioned the effectiveness of the Law Society as a single regulator.” Full story Legal Week, 11th December 2008 Source: www...

Sir James Dyson in High Court attempt to see off rival vacuum design - Daily Telegraph

Posted on December 11, 2008
“The tycoon Sir James Dyson, whose trademark ‘double cyclone’ vacuum cleaner has become a world beater, has gone to the High Court to try to block a rival design from Samsung Electronics.” Full story Daily Telegraph, 10th December 2008 Source: www...

Gordon Brown refuses to back law allowing assisted suicides - The Times

Posted on December 11, 2008
“Campaigners seeking to lift the ban on assisted suicide were dealt a blow yesterday when Gordon Brown repeated his opposition to a change in the law.” Full story The Times, 11th December 2008 Source: www.timesonline.co.uk       

Three children a week ? the death toll from abuse - The Independent

Posted on December 11, 2008
“The true scale of child abuse in the UK was revealed yesterday when Christine Gilbert, the chief executive of the children’s services watchdog, told MPs that three children a week died as a result of abuse ? more than triple the previous estimate...

Company Names Tribunal?s first ruling: Coke Cola needs a new name - OUT-LAW.com

Posted on December 11, 2008
“A company called Coke Cola Limited has been ordered to change its name and pay £700 to the Coca-Cola Company in the first ruling issued by the UK’s newly-formed Company Names Tribunal.” Full story OUT-LAW.com, 10th December 2008 Source: www...

Egg is fined £700,000 for mis-selling insurance cover for payment protection - The Times

Posted on December 11, 2008
“Egg, the online bank owned by Citigroup, has been fined £721,000 for ’serious failings’ on sales of credit card payment protection insurance (PPI) to nearly half its customers over a three-year period. The bank may have to pay millions of pounds to customers in PPI refunds...

Single mothers forced to give father?s name on birth certificate - Daily Telegraph

Posted on December 11, 2008
“Single mothers will be forced to give the name of their child’s father on birth certificates so that they can be made to pay maintenance, under a Government clampdown on the benefits culture.” Full story Daily Telegraph, 10th December 2008 Source: www...

UK runs ?Guantanamo camps?, says detainees - The Independent

Posted on December 11, 2008
“Asylum-seekers who claim to have been abused by British security guards accused the Government yesterday of running Guantanamo Bay-style detention camps.” Full story The Independent, 11th December 2008 Source: www.independent.co.uk       

Plans to regulate barristers reach final stages - Legal Week

Posted on December 11, 2008
“The Bar Standards Board (BSB) is in the final stages of drawing up plans to regulate barristers, in preparation for the next round of reforms under the Legal Services Act (LSA).” Full story Legal Week, 11th December 2008 Source: www.legalweek...

Daughter wins legal battle over mother?s suicide - The Independent

Posted on December 10, 2008
“The daughter of a mentally-ill woman who walked out of a hospital and threw herself under a train has won the final round of her battle for the right to sue the local health trust for damages. “ Full story The Independent, 10th December 2008 Source: www...

BAILII: Recent Decisions

Posted on December 10, 2008
Court of Appeal (Civil Division) Crouch, R (on the application of) v Secretary of State for Health [2008] EWCA Civ 1365 (10 December 2008) Cream Holdings Ltd & Ors v Davenport [2008] EWCA Civ 1363 (09 December 2008) High Court (Chancery Division) Kitfix Swallow Group Ltd v Great Gizmos Ltd [2008] EWHC 2723 (Ch) (12 November 2008) Ellis v Ellis [...

Succession law changes ?needed? - BBC News

Posted on December 10, 2008
“A cabinet minister has called for progress to be made on ending the 300-year old legal ban on Roman Catholics succeeding to the throne.” Full story BBC News, 10th December 2008 Source: www.bbc.co.uk       

Civil Procedure Rule ? Amendments - The Bar Council

Posted on December 10, 2008
“There are two new provisions which are outside the usual timetable for amendments to the CPR.” Full story The Bar Council, 10th December 2008 Source: www.barcouncil.org.uk       

House of Lords Judgments: What?s New?

Posted on December 10, 2008
Knowsley Housing Trust (Respondents) v White (FC) (Appellant) Honeygan-Green (Respondent) v London Borough of Islington (Appellants) Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) [2008] UKHL 70 (10 December 2008) Earl Cadogan (Appellant) v Pitts and another (Respondents) and one other action Earl Cadogan and others (Appellants) v Sportelli and another (Respondents) and two other [...

Simplification Plan 2008 - Ministry of Justice

Posted on December 10, 2008
“The Ministry of Justice’s simplification plan 2008 shows our progress made since 2007 in delivering reductions in the administrative burdens that our regulations impose on businesses, charities and the voluntary sector. It also provides an update on how we have been reducing data requests and bureaucratic burdens on our own front-line staff...

Definitive Sentencing Guidelines on theft and burglary (non-dwelling) and breach of an anti-social behaviour order - Sentencing Guidelines Council

Posted on December 10, 2008
“On 9 December 2008 the Sentencing Guidelines Council published its definitive guidelines ‘Theft and burglary in a building other than a dwelling’ and ‘Breach of an anti-social behaviour order’.” Full story Sentencing Guidelines Council, 9th December 2008 Source: www...

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks - Times Law Reports

Posted on December 10, 2008
Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks Chancery Division “The correct standard of proof for establishing patentability was the balance of probabilities.” The Times, 10th December 2008 Source: www.timesonline...

Club la Costa (UK) plc v Gebhard and Another - Times Law Reports

Posted on December 10, 2008
Club la Costa (UK) plc v Gebhard and Another Queen’s Bench Division “An offer to make amends for a defamatory statement could not be valid without the offer or accepting that the specific defamatory meaning contained in the statement complained of was defamatory of the person bringing the complaint...

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France - Times Law Reports

Posted on December 10, 2008
Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France Queen’s Bench Divisional Court “While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences [...

Recent Statutory Instruments - OPSI

Posted on December 10, 2008
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2009 The Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 The National Savings Bank (Amendment) (No. 4) Regulations 2008 The Social Security (Contributions) (Amendment No...

Office of Fair Trading ticking-off over VAT cuts surprises retailers - The Times

Posted on December 10, 2008
“As cartels go, it does not seem the sort to keep competition lawyers awake at night.” Full story The Times, 10th December 2008 Source: www.timesonline.co.uk       

Record numbers of criminals breach their community service - Daily Telegraph

Posted on December 10, 2008
“Record numbers of criminals are breaking community service orders, with more than one in three failing to complete their punishment.” Full story Daily Telegraph, 10th December 2008 Source: www.telegraph.co.uk       

Assisted suicide: the law - Daily Telegraph

Posted on December 10, 2008
“Despite it being legal for a person to take their own life, under the 1961 Suicide Act, aiding or abetting someone to do so carries a potential jail term of up to 14 years.” Full story Daily Telegraph, 9th December 2008 Source: www.telegraph...

?Hybrid embryo? legal block lost - BBC News

Posted on December 10, 2008
“Christian campaigners have lost their High Court challenge to scientists being allowed to create human-animal embryos for research purposes.” Full story BBC News, 9th December 2008 Source: www.bbc.co.uk       

New laws on prostitution could be unenforceable warn police - Daily Telegraph

Posted on December 10, 2008
“New laws to criminalise men who pay for sex with women forced in to prostitution will be virtually unenforceable, the police expert on human trafficking warned.” Full story Daily Telegraph, 10th December 2008 Source: www.telegraph.co.uk       

Home Office reveals FOI policies - BBC News

Posted on December 10, 2008
“An email sent by mistake from the Home Office to the BBC has revealed that freedom of information requests are often first reviewed by ministers.” Full story BBC News, 10th December 2008 Source: www.bbc.co.uk       

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