The newswire is designed to focus on legal news and law blogs.

The insitelaw blog
There is a blog to allow participation. Some of the posts on the newswire will be repeated on the blog - to promote comment and the daily podcast will also be published on the blog daily as well as on the newswire.

Links to content rich blogs from the US and UK will follow - and bloggers who wish to draw my attention to a particular post on their blog are very welcome to email me and I shall include a link in this newswire.

Mike Semple Piggot
Email | 020 8994 8976

 

 
 

 


 

 

 
 
 
 

 

The Incorporated Council of Law Reporting have very kindly allowed us to provide links to their case summaries. We would also like to thank the charity BAILII for providing everyone with free access to the full text of many of the judgments listed below.

Wednesday 30th April

Enfield Technical Services Ltd v Payne; Grace v B F Components Ltd
CA: Pill, Maurice Kay and Lloyd LJJ:
EMPLOYMENT — Contract of employment — Illegality — Employee accepted as self-employed for revenue purposes

Monday 28th April

Office of Fair Trading v Abbey National plc and Others
QBD: Andrew Smith J
FAIR TRADING — Contract — Unfair terms — Banks charging customers with personal accounts when making payments without holding necessary funds in account — Whether exempt from assessment as to fairness — Unfair Terms in Consumer Contracts Regulations 1999

R v Ibrahim and others
CA: Sir Igor Judge P, Forbes and Mackay JJ
CRIME — Terrorism — “Safety” interviews

Thursday 24th April

Ashley v Chief Constable of Sussex Police
HL (Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell and Lord Neuberger of Abbotsbury)
TORT — Battery — Self-defence — Whether belief in necessity to act to be both honestly held and reasonable — Whether battery claim permissible for vindicatory purposes only

Wednesday 23rd April

Carver v BAA plc
CA: Ward, Rix and Keene LJJ
COSTS — Discretion of court — Conduct of parties — Claimant awarded damages exceeding payment in — Whether result “more advantageous” than earlier payment in — CPR r 36.14

R (Compton) v Wiltshire Primary Care Trust
QBD: Holman J
COSTS — Order for costs — Protective costs order — Claim for judicial review

Monday 21st April

R (Edwards) v Environment Agency

HL: Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood and Lord Mance:
HOUSE OF LORDS — Practice — Disclosure of draft speeches — Practice of disclosing draft speeches to counsel prior to delivery of judgment —Purpose of disclosure to correct misprints, errors of fact of ambiguities — Attempt to reargue case abuse of procedure

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another [2008] WLR (D) 121CA: Hughes and Toulson LJJ and Sir John Chadwick
COMPANY – Director – Application to inspect accounts – Purpose of application improper but not injurious

Tuesday 15th April
Regina (Smith) v Assistant Deputy Coroner for Oxfordshire
QBD: Collins J

HUMAN RIGHTS – Right to life – State’s duty to investigate death – Inquest – Death of soldier on active service

Wednesday 16th April
R v Blythe
CA: Rix LJ, Henriques J and Judge Stewart QC
CRIME — Sentence — Young offenders — Serious specified sexual offence — Defendant under 18 convicted of specified offences

Thursday 17th April
Dunn v Parole Board
CA: Smith, Thomas and Lloyd LJJ
LIMITATION OF ACTION — Human Rights Act claim — Application to strike out

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd
CA: Sir Mark Potter P, Thomas and Hooper LJJ:
CONTRACT — Construction — Location agreements — Agreements to supply photocopiers for installation in retail premises

R (Black) v Secretary of State for Justice
CA: May, Latham and Moore-Bick LJJ:
PRISONS – Prisoners' rights — Release on licence — Prisoners serving long-term determinate sentences