Legal News

Has Equity Had Its Day? Hong Kong University Common Law Lecture 2010 ? Lord Neuberger of Abbotsbury

Posted on October 26, 2010
“This evening, I should like to focus on the role of equity ? at first sight, an unusual subject for a common law lecture. But as one of my predecessors as Master of the Rolls, in fact the last Chancery Master of the Rolls before me, Lord Evershed, put it, ?The function of equity was [...

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates? Court ? WLR Daily

Posted on October 26, 2010
Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates? Court [2010] WLR(D) 264 “Whether an article was a ‘knife’ within the meaning of s 141A(2)(a) of the Criminal Justice Act 1988 was not a pure question of fact, but a question of mixed fact and law; and the justices had erred in law [...

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others ? WLR Daily

Posted on October 26, 2010
Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others [2010] EWHC 2599 (Ch) ; [2010] WLR(D) 265 “Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all...

Regina v M(L) and Others; Regina v Tabot; Regina v Tijani ? WLR Daily

Posted on October 26, 2010
Regina v M(L) and Others; Regina v Tabot; Regina v Tijani [2010] EWCA Crim 2327 ; [2010] WLR(D) 266 “Where a person was a victim of human trafficking, for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197), and whilst retaining some nexus with the trafficking [...

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Regina (Oakes) v Secretary of State for Justice and others ? WLR Daily

Posted on October 26, 2010
Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267 “The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of [...

Binman jailed for life for Hertfordshire murder ? BBC News

Posted on October 26, 2010
“A binman has been jailed for life for luring a work colleague to a Hertfordshire country park and then battering him to death.” Full story BBC News, 26th October 2010 Source: www.bbc.co.uk

Court setback for Catholic child welfare society ? The Independent

Posted on October 26, 2010
“A Catholic child welfare society which may face a multi-million damages claim over abuse at a school failed today to offload some of the liability.” Full story The Independent, 26th October 2010 Source: www.independent.co.uk

Tony Blair summoned back to Chilcot inquiry into Iraq war ? The Guardian

Posted on October 26, 2010
“Members of panel are believed to be concerned about damaging and conflicting evidence revealed since former PM’s last appearance.” Full story The Guardian, 26th October 2010 Source: www.guardian.co.uk

Man in 50s ordered to behave in parents? home ? Daily Telegraph

Posted on October 26, 2010
“??????????????The High Court yesterday issued the order protecting the elderly couple from their son, but allowing him to stay with them, providing he doesn’t behave unlawfully towards them.” Full story Daily Telegraph, 26th October 2010 Source: www...

Child detention in immigration centres faces legal challenge ? The Guardian

Posted on October 26, 2010
“A high court challenge to bring to an immediate end the detention of children in immigration removal centres was launched today.” Full story The Guardian, 26th October 2010 Source: www.guardian.co.uk

Nursery nurses sentenced for child cruelty ? BBC News

Posted on October 26, 2010
“Two nursery nurses have been sentenced to 16-weeks in jail suspended for 12 months for cruelty to a two-year-old boy at a Hertfordshire nursery.” Full story BBC News, 26th October 2010 Source: www.bbc.co.uk

Animal rights activists jailed for terrorising suppliers to Huntingdon Life Sciences ? The Guardian

Posted on October 26, 2010
“Five animal rights activists who waged a relentless campaign of “violence and terror” against companies and individuals linked to Huntingdon Life Sciences were jailed today.” Full story The Guardian, 25th October 2010 Source: www...

Multi-millionaire couple lose court battle over sea view ? Daily Telegraph

Posted on October 26, 2010
“The only field separating them from the waterside was protected from development by a covenant stating it could be ‘used only for the grazing of animals’.” Full story Daily Telegraph, 26th October 2010 Source: www.telegraph.co...

Dyfed-Powys Police acted correctly before girl?s murder ? BBC News

Posted on October 26, 2010
“Police acted correctly when searching for a missing girl later murdered by her father, an inquiry has found.” Full story BBC News, 25th October 2010 Spource: www.bbc.co.uk

Public bodies face compliance dilemma with Equality Act?s demands ? OUT-LAW.com

Posted on October 26, 2010
“Most of the Equality Act came into force earlier this month. One key part, though, will not take effect until April. The trouble is that it could impose a huge obligation on organisations and give them almost no time to meet its demands.” Full story OUT-LAW...

Google investigated over household data privacy breaches ? The Guardian

Posted on October 26, 2010
“The UK privacy watchdog has launched an investigation into Google after it admitted copying household computer passwords and emails from unsecured wireless networks, when taking photographs for its Street View mapping service.” Full story The Guardian, 24th October 2010 Source: www...

High Court confirms ?initial confusion? as principle of EU trade mark law ? OUT-LAW.com

Posted on October 26, 2010
“Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled.” Full story OUT-LAW.com, 26th October 2010 Source: www...

Interview with Rt Hon Kenneth Clarke MP ? BBC Law in Action

Posted on October 25, 2010
“Rt Hon Kenneth Clarke MP, the new Justice Secretary, is interviewed in front of an audience at Gray’s Inn by presenter Joshua Rozenberg.” Podcast BBC Law in Action, 25th October 2010 Source: www.bbc.co.uk

Recent Statutory Instruments ? legislation.gov.uk

Posted on October 25, 2010
The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 The Health Protection Agency (Amendment) Regulations 2010 The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2010 The Education (Student Support) Regulations 2009 (Amendment) Regulations 2010 The National Assistance (Assessment of Resources) (Amendment) [...

BAILII: Recent Decisions

Posted on October 25, 2010
High Court (Queen’s Bench Division) Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd. [2010] EWHC 2192 (QB) (23 August 2010) High Court (Administrative Court) Shah, R (on the application of) v National Health Service Litigation & Ors [2010] EWHC 2575 (Admin) (15 October 2010) High Court (Commercial Court) Gesner Investments Ltd v Bombardier Inc [...

Bolsover District Council and another v Ashfield Nominees Ltd and others ? WLR Daily

Posted on October 25, 2010
Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129; [2010] WLR (D) 263 “A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of [...

Threlfall v Hull City Council ? WLR Daily

Posted on October 25, 2010
Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262 “In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be [...

O?Connell v Judicial Authority of Santa Cruz de Tenerife ? WLR Daily

Posted on October 25, 2010
O?Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26 “It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a [...

Granatino v Radmacher (formerly Granatino) ? WLR Daily

Posted on October 25, 2010
Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260 “A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold [...

Couples bid to overturn gay marriage law ? The Guardian

Posted on October 25, 2010
“Peter Tatchell plans legal challenge in campaign by gay and mixed-sex couples calling for the same type of union.” Full story The Guardian, 24th October 2010 Source: www.guardian.co.uk

Consumer laws undermined by gaps and complexity, say Law commissions ? OUT-LAW.com

Posted on October 25, 2010
“Consumers face many situations in which a trader has broken unfair trading regulations but they have no direct course of action, the Law Commission and Law Commission of Scotland have said. Laws that could cover consumers are too complex, they said...

Corporate law firm undone by boom-era excess ? The Guardian

Posted on October 25, 2010
“The collapse of the law firm Halliwells has mesmerised the profession ? and raised the question: who’s next?” Full story The Guardian, 22nd October 2010 Source: www.guardian.co.uk

New advocacy proposals ?prejudice? solicitors ? Law Society?s Gazette

Posted on October 25, 2010
“A proposed new quality assurance scheme for criminal advocates could prejudice solicitors because it places too much weight on the views of judges, an advocates? group has warned.” Full story Law Society’s Gazette, 25th October 2010 Source: www...

Thirty years in jail for ?cool? killer of Devon pensioners ? The Guardian

Posted on October 25, 2010
“A failed businessman who murdered a well-to-do elderly couple at their seaside home and stole from them to try to pay off his heavy debts was jailed for 30 years today.” Full story The Guardian, 21st October 2010 Source: www.guardian.co.uk

The Fawcett Society takes the cuts to court ? The Guardian

Posted on October 25, 2010
“When feminist campaigners saw a palpable threat to women in the coalition government’s spending plans, with the help of Yvette Cooper’s calculations they launched the first ever legal challenge to the budget.” Full story The Guardian, 22nd October 2010 Source: www...

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