Newswire 105
By Steve Butler and Joe Reevy
Number 105
17th August 2006
Keep your eye on the site for constant updates. This version of
the newswire is more directly linked to the website.
You can read the full text version of the newswire here:
http:/www.uklawyers.co.uk/cms/section/newswires.html
This issue is late because I have been busier than expected
The next wire will be on Thursday, 24 August 2006 or perhaps the
31st.
TRY OUR NEW BLOG : http:/ukblawgers.blogspot.com
and add some comments!
To make sure you continue to receive our e-mails in your inbox,
please add smb@e-solicitors.co.uk to your address book or safe
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PART ONE
(This will be easier to operate when we eventually get the HTML
version issued in due course.)
========================================
UKLawyers E X P R E S S . . . . .>>>>
========================================
Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 12
17 August 2006
TRY OUR NEW BLOG : http:/ukblawgers.blogspot.com
and add some comments!
Only 14 links take you to the latest legal news.
Up to date to 17 August 2006.
These links now show news items in reverse datal order for ease of
reference.
Commercial and Contract
http:/www.uklawyers.co.uk/cms/latest/lt_commercial
Crime and Punishment
http:/www.uklawyers.co.uk/cms/latest/lt_crime
Employment and Discrimination
http:/www.uklawyers.co.uk/cms/latest/lt_employment
Family
http:/www.uklawyers.co.uk/cms/latest/lt_family
General
http:/www.uklawyers.co.uk/cms/latest/lt_general
Government
http:/www.uklawyers.co.uk/cms/latest/lt_government
Immigration and Nationality
http:/www.uklawyers.co.uk/cms/latest/lt_immigration
Intellectual Property and Computers
http:/www.uklawyers.co.uk/cms/latest/lt_ip
International/Europe
http:/www.uklawyers.co.uk/cms/latest/lt_europe
Land and Environment
http:/www.uklawyers.co.uk/cms/latest/lt_land
Legal Practice and Lawyers
http:/www.uklawyers.co.uk/cms/latest/lt_legalpractice
Litigation, Courts and Human Rights
http:/www.uklawyers.co.uk/cms/latest/lt_litigation
Money, Property and Tax
http:/www.uklawyers.co.uk/cms/latest/lt_money
Personal Injury
http:/www.uklawyers.co.uk/cms/latest/lt_pi
FULL uklawyers legal newswire on the website - issue 101
http:/www.uklawyers.co.uk/cms/section/newswires.html
BUT also reproduced in full in PART TWO below.
Please ask three friends to visit the website and subscribe to
this Newswire today - follow the link on the site to register for
the wire. Recommendation is the best form of advertising. Please
recommend the wire and the site to as many people as possible.
PART TWO
TRY OUR NEW BLOG : http:/ukblawgers.blogspot.com
and add some comments!
Contents
The Leading Question - Isn't the ICLR Good?
"Brussels Agenda" Newsletter Feature
Paying Fines with Coins Feature
Site Of The Week - Dell
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Tombraider Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
Isn't the ICLR Good?
My last editorial was on 17th July and I then expressed the hope
that the next issue would be on 24th July. No such luck I'm
afraid.
One problem was a computer upgrade which always seem to cause
more hassle than you expect, although I can now play the latest
Tombraider game at last. I have been too busy (working, really)
and am now having to catch up on all the events which have
occurred since then. There have been significant government legal
decisions such as the legal aid review and the change of HIPs.
There have been events which are likely to impact on our legal
system such as the alleged terrorist plot which caused chaos at
the airports. The government has also been busy issuing press
releases such as the one about the encouragement it is giving
South Africa to embrace more foreign lawyers. Fortunately the
government and the courts of appeal are now on holiday which gives
me the chance to report what has happened without keeping up with
new events.
This issue will concentrate on court cases which have been
reported by the Incorporated Council of Law Reporting (ICLR). The
courts were extremely busy in July, catching up on the year's
cases, and so there is a lot to report. As usual I have analysed
the cases by subject matter (which the ICLR site does not do each
week although they do analyse the cases over time at
http:/www.lawreports.co.uk/WLRD/CourtIndex/subjectmatter.htm)
And I hope this helps the speedy assimilation of knowledge in your
area of expertise. Isn't the ICLR good?
Next issue (hopefully next week) I shall report on the other
significant legal developments in July and early August and I
will then have caught up.
All the links here are to the UKLawyers site. When you get there,
have a good look round. In each news story there should be a list
of connected stories. There is an archive divided by subject
matter going back to April. This is definitely growing into a
useful resource and the Google search on the front page searches
the site for information so that you should be able to find
everything you need. Let me know if you have any problems on the
site.
Greetings to the new subscribers - please encourage as many people
as possible to subscribe because the more people I help the happier
I will be.
You can easily respond to these questions by looking at our new
Blog. Someone has already used the name "uklawyers" in a blog and
so ours is called "UKBlawgers." You can take a look and add
comments at http:/ukblawgers.blogspot.com
Regards
Steve Butler
Solicitor
Newswire Editor
mailto:smb@e-solicitors.co.uk
Law Society Newsletter Feature 8
Brussels Agenda
The Law Society's Monthly Newsletter with the latest EU news
http:/www.uklawyers.co.uk/cms/section/ls8brussels.html
Latest edition 2 August 2006
Paying Fines With Coins Feature
BBC Headline:
Court Refuses Man's 4,000 Pennies
A man who wants to pay "every penny" of his fine for careless
driving in one penny pieces has been banned from paying the 40 GBP
instalments in copper.
http:/news.bbc.co.uk/1/low/wales/south_east/5239962.stm
But how can he pay using only the smallest possible coins?:
http:/www.uklawyers.co.uk/cms/section/finecoins.html
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Courses - Progressive Legal Training
http:/www.progressivecpd.co.uk/
A very easy to use site with a very simple way to find courses by
locality, venue town or subject matter and an easy booking system
too. Not the cheapest but not too bad. They have excellent
location maps and directions for all their venues. Easy - just
what busy lawyers need! (That would be a good strapline - I'll
copyright that!)
Site of the Week - Dell Batteries
http:/www.uklawyers.co.uk/cms/section/dellbatts.html
uklawyers legal newswires
From UKBlawgers:
"OK Steve, let's debate. One of the problems with wider use of
the law (ie why so many legal problems are simply ignored by those
they affect) is that it is SO expensive in the eyes of the
consumer to make use of 'professionals'."
Go on, follow the thread:
http:/digbig.com/4hraa
Many thanks for all the kind and useful comments including:
"Hi Steve,
I always look forward to the weekly wire, but the one this week
was especially good. The reason was the editorial. As a local
government man through and through, it makes a change to see
someone stating what has been obvious for years to those in the
business. I know that the social sector at times needs a hefty
boot up the backside, but I do get rather choked with all the
knocking copy that some people tend to issue (often without
thought) as a matter of course. Keep up the good work (and I do
not just mean the pro social care stuff).
Regards,
Trevor Grundy
"I write to say how well you have put the arguments about the
90 day detention proposal. I agree with every word you say"
"It's one of the few things that arrives in the email each week
that I can honestly say I make time to study."
Don't forget to take advantage of your free trial credit search
with Creditsafe.Com
Contact CreditSafe and ask for:
Gavin Tierney, Account Consultant
Gavin.tierney@creditsafe.com
2920 886500 ext: 2011
http:/www.creditsafe.com
Tell him you got his name from Uklawyers.
Many thanks to those who have asked their colleagues to subscribe
to the wire. Why not join them? Please ask three friends to
subscribe to this today - just get them to send an e-mail with
their name to smb@e-solicitors.co.uk with 'subscribe' in
the subject line and we'll do the rest.
PRACTICAL CASES AND MATERIALS
Commercial and ContractCar Dealing Examined for Illegality
Commission of the European Communities v Volkswagen AG
(Case C-74/04P)
ECJ
13 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/vwillegality.html
Crime and Punishment
Control Orders for Terrorists Suspects ARE HR Compatible
Secretary of State for the Home Department v MB
CA
1 August 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/contordsupheld.html
But The Home Secretary Cannot Deprive Suspects of Liberty
Secretary of State for the Home Department v JJ and others
CA
1 August 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/contordsupheld.html
When Is Criminal Appeal Determined?
R v Steele and others
CA
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/crimappsdetermined.html
Theatre Protest Arrest Was Lawful
R (Singh) v Chief Constable of West Midlands Police
CA
28 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/theatreprotest.html
Can Care Case Decide Criminal Liability?
R v Levey [2006] EWCA Crim 1902
CA
27 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/carecasenotcrim.html
Defence Costs in Criminal Cases
R (Brewer) v Supreme Court Costs Office
QBD
27 Juky 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/crimecostcomp.html
Rapist's Detention After Custody Time Limit Considered
R (O) v Crown Court at Harrow [2006] UKHL 42
HL
26 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/rapistsbail.html
Caution Blocks Private Prosecution
Jones v Whalley [2006] UKHL 41
HL
26 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/privproscaution.html
Drug Trafficking Confiscation Order Reviewed
In re McKinsley
CA
25 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/drugconfisorder.html
Secxual Offences - Forcing A Child To Watch
R v Abdullahi
CA
24 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/tempsex.html
Grossly Offensive Words Criminal Whether or Not
They Cause Offence
Director of Public Prosecutions v Collins [2006] UKHL 40
HL
19 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/offensiverecording.html
Manslaughter To Be Considered in All Murder Trials?
R v Coutts [2006] UKHL 39
HL
19 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/manslaughter.html
Directors Share Value Fluctuation Not
Subject To Confiscation Order
R v Rigby and another [2006] EWCA Crim 1653
CA
12 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/shareconfis.html
Notification Requirements and Human Rights
Forbes v Secretary of State for the Home Department
[2006] EWCA Civ 962
CA
11 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/notifrequs.html
Confiscation Order Where No Assets - Serious Injustice?
R v Jones and others
CA
10 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/seriousinj.html
Criminal Appeals And Preparatory Hearings
R v H (Interlocutory Application: Disclosure)
CA
7 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/prephearapp.html
Employment and Discrimination
Asian CPS Solicitor Suffered Discrimination
Aziz v Crown Prosecution Service
[2006] EWCA Civ 1136
CA
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/azizdiscrim.html
Withdrawing Discrimination Claim
Khan v Heywood & Middleton Primary Care Trust
[2006] EWCA Civ 1087
CA
27 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/discrimclaimwithd.html
Employer's Vicarious Liability For Harassment
Majrowski v Guy’s and St Thomas’s NHS Trust [2006] UKHL 34
HL
12 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/vicliabharass.html
Dismissal for Illness Not Discrimination
Chacón Navas v Eurest Colectividades SA (Case C-13/05)
ECJ
11 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/sickdismiss.html
Family
Lawful Same Sex Marriages Not Valid in UK
Wilkinson v Kitzinger and another
Fam. Div
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/samesex.html
Vacation Work in the Family Division
Practice Guide (Family Division: Vacation Business)
CA
26 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/vacation2006.html
Child Support Calculations for Self Employed
Smith v Secretary of State for Work and Pensions and another
[2006] UKHL 35
HL
12 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/csacapallow.html
Family Provision - Transfer of Share of House
Dingmar v Dingmar [2006] EWCA Civ 942
CA
12 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/famprovhome.html
General
Time Limits For Bankruptcy Enforcement
Doodes v Gotham and another [2006] EWCA Civ 1080
CA
25 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/bankruptlimit.html
Brewers Win On Tied Tenancies
Crehan v Inntrepreneur Pub Company (CPC) and another
HL
19 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/brewerswin.html
Immigration and Nationality
Asylum Cases to be Anonymised
Practice Note (Court of Appeal: Asylum and Immigration Cases)
CA
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/anonasylum.html
Benefits Being Conditional on Residence Approved
De Cuyper v Office national de l'emploi
ECJ (Case C-406/04)
18 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/eurobenefits.html
International/Europe
Barring of Claim in One EU State Not Apply EU-Wide
Reisch Montage AG v Kiesel Baumaschinen Handels GmbH
(Case C-103/05)
ECJ
13 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/statebarr.html
Land and Environment
Landlord Wins Enfranchisement Case
Majorstake Ltd v Curtis
CA
8 August 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/anypremises.html
Surprise Planning Decision - 4 Year Rule Applies to Breach
First Secretary of State v Arun District Council and another
[2006] EWCA Civ 1172
CA
11 August 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/fouryearplan.html
17 Year Old Homeless Person Badly Treated
Robinson v Hammersmith and Fulham London Borough Council
CA
28 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/17rehousing.html
Can a Local Authority Limit Its Statutory Powers?
R (Kilby) v Basildon District Council
[2006] EWHC 1892 (Admin)
QBD
26 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/ladisestens.html
Legal Practice and Lawyers
Money Laundering - Mens Rea
R v Da Silva:[2006] EWCA Crim 1654
CA
11 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/mlsuspicion.html
Litigation, Courts and Human Rights
Strike Out After Withdrawal of Admission
Walley v Stoke on Trent City Council
[2006] EWCA Civ 1137
CA
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/defencestrikeout.html
Security for Costs - Estimating Ability to Pay
Al-Koronky and another v Time Life Entertainment Group Ltd and
another
CA
28 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/securitycosts.html
Expert Evidence - Conflict of Interests
Toth v Jarman
CA
19 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/expertconflict.html
Service in Sudan
Habib Bank Ltd v Central Bank of Sudan (formerly known as Bank of
Sudan)
[2006] EWHC 1767 (Comm), (Practice Note)
QBD
18 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/servesudan.html
Conditional Fees Agreement Appeals Lost By Solicitors
Garrett v Halton Borough Council;
Myatt and others v National Coal Board
[2006] EWCA Civ 1017
CA
18 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/condfeesetback.html
Without Prejudice Letters about Admitted Debts -
Do They Amount to An Acknowledgement?
Bradford & Bingley plc v Rashid [2006] UKHL 37
HL
12 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/wpdebtack.html
Money, Property and Tax
VAT - Definition of Partnership
Revenue and Customs Commissioners v Pal and others
[2006] EWHC 2016 (Ch)
Ch.D.
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/VATPartnership.html
Money Laundering Problems For Banks About Disclosure
K Ltd v National Westminster Bank plc
[2006] EWCA Civ 1039
CA
19 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/banksdisclose.html
Personal Injury
Highway Authority Liable Not the Agents Who Failed to Repair
Mitchell v Department for Transport, Environment and the Regions
and others
[2006] EWCA Civ 1089
CA
27 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/roadflood.html
Cases Generally
===============
Image:
http:/www.lawindexpro.co.uk/g/f12.png
lawindexpro - As Good As Ever
-----------------------------
Now with 109,099 cases indexed (over 1200 added in a month) and
over 248,767 references.
Here is a page from David's FAQ:
"What are 'Roots Cases'? Why do you include cases from before
1992. You cannot hope to include them all.
We call such cases 'Roots' cases. Common law, Judge made law
depends for a significant part of its authority upon its reliance
upon earlier cases. Cases rarely stand on their own. They are as
they are because other judges have painstakingly thought through
similar situations before, and explained their reasoning and
conclusions. Later judges rely upon those earlier cases to inform
their own reasoning and understanding, and express their own
conclusions by reference to the case's historical context. They
stand upon the shoulders of their predcessor brothers and sisters.
Those judges in turn stood on the shoulders of others.
Of those earlier cases, a very substantial number disappear into
insignificance. Our cases are selected for inclusion because they
have been used within the last few years as references. Their
continued relevance, significance and indeed life has been
demonstrated by that use. These 'Cited cases' are the roots of the
law as it is understood and applied today. They feed the
understanding of our present day judges and help to express our
law. We therefore include them.
When we present a case along with the cases cited in it, something
unique and powerful happens. The ideas which are all mixed up when
a case is brought before a judge are extricated, and laid bare.
The way we present such cases seems to demonstrate clearly the
logic which has gone into the case under consideration. I always
wanted to be able to do something along these lines with case law.
I sometimes have to pinch myself because (in my eyes at least) it
succeeds so dramatically.
We will never quite finish this task of adding the Roots cases. It
was only begun properly in early 2003, some eleven years after we
began the index at all, but already, it is becoming clear that the
task as a whole is manageable. We are not trying to present every
case to the reader. We are establishing a list, long but still
very much shorter than it might be, of cases which have continuing
relevance. They are here to help demonstrate the logic underlying
current cases of interest. They are included for that purpose, and
not as an attempt to present them properly on their own."
Just shows David's level of dedication.
No other research site is so powerful for such a low price. David
is happy to provide subscribers to UKlawyers with a brief guest
account to test the service.
Ring 01484 717380 or 0773 187 4426 to subscribe or enquire.
"More Cases, More Courts, More Years, More Use"
Go to:
David Swarbrick's lawindexpro - http:/www.lawindexpro.co.uk/.
Tombraider Section
Tombraider - Legend
Lara Croft comes alive again:
http:/www.uklawyers.co.uk/cms/section/tombraider.html
Oh What Lovely Law!
The History of Law
1700 BC: Hammurabi's Code (Babylon)
http:/www.uklawyers.co.uk/cms/section/law1700bc.html
Legal Practitioner
More good stuff from LEGAL PRACTITIONER Consilio Magazine,
edited by Norman Baird and Mike Semple Piggot
Intellectual Property
The European Court of First Instance annuls the European
Commission’s approval of the Sony - BMG merger. Independent Music
Publishers and Labels Association v Commission of the European
Community Case TÅ]464/04
by Ben Challis Barrister-at-law, Editor of
http:/www.musiclawupdates.com:
http:/www.uklawyers.co.uk/cms/section/sonybmgmerg.html
Litigation Review
"An Achilles Heel in the practicalities of search orders:
separating out privileged material from a mass of computer files,
and what happens when things go wrong."
By Dr John Birchall
http:/www.uklawyers.co.uk/cms/section/compsearch
When you've read our newswire, let us know what you think:
mailto:smb@e-solicitors.co.uk
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
DISCLAIMER
The information and any commentary on the law contained in
this bulletin is provided free of charge for information
purposes only. Every reasonable effort is made to make the
information and commentary accurate and up to date, but no
responsibility for its accuracy and correctness, or for any
consequences of relying on it, is assumed by Joe Reevy, Steve
Butler, or uklawyers.co.uk. The information and commentary
does not, and is not intended to, amount to legal advice to
any person on a specific case or matter. You are strongly
advised to obtain specific, personal advice from a lawyer
about your case or matter and not to rely on the information
or comments in this bulletin or, if you are a solicitor, you
should check the accuracy of the information yourself, or seek
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given and so long as you do not to distribute it or any part
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uklawyers.co.uk
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Exeter EX4 4LG
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© S M Butler & J Reevy 2006
UKLawyers Express © S M Butler & J Reevy 2006
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