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Issue #3: 15th February 2009
CHARON PODCASTS
Charon reports on the Geert Wilders affair... Today I am talking to Carl Gardner, barrister, writer, ex government lawyer and author of the Head of Legal blog about the possibly unlawful exclusion of Geert Wilders. Podcast 99: Bonfire of more vanities…Charon reports… Today, Prime Minister’s Questions was a cross between Richard III and a Brian Rix Farce. Gordon Brown shuffled to his feet in a manner, to me at least, as if he was reprising Olivier’s introduction to Richard III… “And now is the winter of my discontent made gloriously worse by this ex Chairman of HBOS…” Podcast 98: Neville Hobson on Communication, PR, Twitter and other social media. A series of Podcasts on The Bar, pupillage, reform and practice Tim Dutton QC, qua Chairman of The Bar | Simon Myerson QC | Alexander Learmonth, Chair Young Barrister's Committee | Law Girl | Ella Shaw | Law Minx | Jon McLeod on the Wood Report. ***
RSS FEEDS FOR LAW NEWS, BLOGS, LAW REPORTS
A new Netvibes page has been designed to give a snapshot of RSS feeds from all the major broadsheets, leading UK law blogs, law reports and the latest books from Wildy's Bookshop. RSS Pageflake pages are also available for: US Blogs | Canadian Blogs and blogs from Australia, Canada, Ireland and Scotland John Bolch, Family Lore has produced a Netvibes RSS feed page of all the leading Family Law blogs
*** LAW NEWS The Insite Law blog acts as archive for everything posted during each day to Insite Law magazine and full news coverage is available there. In the newswire I draw out the most important legal news stories 1. News from the Profession Why Freshfields had to freeze pay
Times Concern as magic circle firm culls partners Law Society Gazette Why solicitors need lessons in complaining The Times Competition law: practitioner group launched Get our free guide to legal IT solutions Coping in the downturn: free webinar for junior lawyers Promote your services to business clients Financial difficulties: survey results Appointing and supporting an MLRO Lords told of heavy compliance burden on solicitors (b) News from The Bar Council
FLBA expresses Concern over futher Cuts 13 February 2009 The Family Law Bar Association has expressed concern over Government plans to make further cuts to legal aid provision for vulnerable families and children. The proposed cuts would affect the ability of such clients to instruct specialist advisers on their cases. The Bar Council press release is available on this site. Meeting of the All Party Parliamentary Group for Legal and Constitutional Affairs The Bar Council’s International Committee is preparing to launch a Middle East Interest Group (c) The Ministry of Justice Ensuring confidence and transparency in the electoral system Annual Law for Journalists Conference Local adult reoffending October 2007 - September 2008 cohorts Average time from arrest to sentence for persistent young offenders Section 57 of the Criminal Justice and Immigration Act - draft regulations consultation response ‘Lobbygate’ Lords escape police charges Guardian ‘Hint of arrogance’ as bankers apologise
Independent Home Secretary denies breaking expenses rules Independent *** GENERAL LEGAL NEWS Gold-diggers: Wealth, sex and money vampires
Being bled dry by a gold-digger is every rich man’s nightmare. But, is it just a fair exchange of assets? AA Gill - a most amusing article…. City bank ’strip club’ culture excluded woman, tribunal told Times: Prisoners’ legal bill ‘colossal BBC Legal loopholes ‘allowing MI5 to collude in torture’ The Guardian Monday 9th February
Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39 Ch D | Sales J COMPANY – Unfair prejudice – Conduct of affairs – Exercise of managerial powers – Improper assertion of rights of control over practical management of affairs of company by shareholder – Whether capable of being unfairly prejudicial conduct – Companies Act 2006, s 994 Child Support Agency v Truman; [2009] WLR (D) 40 EAT | Judge Peter Clark, Ms G Mills, Mr B Warman: 5 February 2009 DISCRIMINATION – Disability – Employment – Less favourable treatment – Choice of comparator – Whether non-disabled person in same situation – Disability Discrimination Act 1995, s 3A (as inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003, regs 3(1), 4(2)) Tuesday 10th February In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41 ChD | Lewison J MENTAL DISORDER — Court of Protection — Execution of statutory will — Approach to be adopted when making decisions about property and welfare of persons lacking capacity — Mental Capacity Act 2005 (c 9) Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42 ChD | Ch D: Charles Hollander QC sitting as a deputy High Court judge: 6 February 2009 INSOLVENCY— Winding up— Liquidator— Removal — Disputed proof of debt— Liquidator not adjudicating on proof— Whether court should exercise its power to direct liquidator to call creditors’ meeting— Insolvency Act 1986, s 172(3) (1) Director of Public Prosecutions v Wright; (2) R (Scott) v Taunton Deane Magistrates’ Court [2009] EWHC 105 (Admin); [2009] WLR (D) 43 QBD: Sir Anthony May, P and Maddison J: 4 February 2009 CRIME — Practice — Statutory defence -— Statute prohibiting hunting of wild mammals with dogs — Exemptions — Meaning of “hunt” in Hunting Act 2004, s 1 — Whether legal or evidential burden on defendant in respect of exemptions set out in Hunting Act 2004, Sch 1; Magistrates’ Courts Act 1980, s 101; Hunting Act 2004, s 1, Sch 1 Wednesday 11th February Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44 ECJ: President Skouris, Judges Jann, Timmermans, Rosas, Lenaerts, Ó Caoimh, K?ris, Juhász, Arestis, Borg Barthet, Klu?ka, Levits and Bay Larsen: 10 February 2009 CONFLICT OF LAWS — Jurisdiction — Anti-suit injunctions — Clause in agreement for exclusive jurisdiction in one EC member state — Injunction granted in that state to restrain proceedings commenced in another state — Whether permissible under Community law — Council Regulation (EC) No 44/2001, art 1(2)(d) R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45 CA: Rix, Dyson, Wilson LJJ: 10 February 2009 CHILDREN — Children in need — Welfare services — Child asylum seeker requiring accommodation — Local authority sending child to another authority without properly assessing welfare needs — Extent of local authority’s duty to support child — Children Act 1989, s 20(1)(6) Matuszowicz v Kingston upon Hull City Council [2009] EWCA Civ 22; [2009] WLR (D) 46 CA: Sedley, Jacob, Lloyd LJJ: 10 February 2009 DISCRIMINATION — Disability — Employment — Failure to make adjustments — Whether act or omission — When time starting to run for presentation of claim — Disability Discrimination Act 1995, Sch 3, para 3 Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47 CA: Sedley, Jacob, Lloyd LJJ: 10 February 2009 LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally” — Claimant leaving accommodation when asked to do so by private landlord — Whether failure by claimant to go to Homeless Persons Unit amounting to lack of “good faith” — Housing Act 1996, s 191(2) Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48 CA: Jacob LJ, Lord Neuberger of Abbotsbury, Sir Peter Gibson: 10 February 2009 PRACTICE — Undertaking — Offer of undertaking in previous proceedings — Offer contingent upon claimant winning — Claimant losing at first instance — Decision reversed in Court of Appeal — Whether undertaking resurrected Thursday 12th February In re Overnight Ltd; Goldfarb v Higgins and others; [2009] WLR (D) 49 Ch D: Sir Andrew Morritt C: 11 February 2009 INSOLVENCY — Winding up — Fraudulent trading — Accrual of cause of action — Whether time running from making of winding up order or presentation of petition or appointment of provisional liquidator — Whether claim time-barred — Insolvency Act 1986, ss 129, 213 Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50 Ch D: Floyd J: 11 February 2009 PATENT — Invention — Employee inventors — Claim for share of benefit derived by employer — Whether compensation restricted to remedying damage or loss — Whether compensation just and fair reward to employee — Patents Act 1977, ss 40, 41 British Broadcasting Corporation v Sugar and another [2009] UKHL 9; [2009] WLR (D) 51 HL: Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury: 11 February 2009 FREEDOM OF INFORMATION — Public authority — British Broadcasting Corporation — Application for disclosure of internal BBC report — Information Commissioner deciding BBC not “public authority” for purpose of request — Whether decision of Commissioner subject to appeal to Information Tribunal — Freedom of Information Act 2000, ss 3(1), 7(1), 50, 57, Sch 1) Friday 13th February Toni & Guy (South) Ltd v Hammersmith & Fulham London Borough Council [2009] EWHC 203 (Admin); [2009] WLR (D) 52 QBD: Wyn Williams J: 11 February 2009 PLANNING — Statutory notice — Validity — Upper floors of building in poor condition — Whether within powers of local planning authority to serve notice requiring remedial works on occupiers of lower floors — Town and Country Planning Act 1990, ss 215, 217 Hampshire Police Authority v Smith [2009] EWHC 174 (Admin); [2009] WLR (D) 53 QBD: Maurice Kay LJ and Wyn Williams J: 12 February 2009 CRIME — Crime and disorder — Closure order — Statutory time-limit for appeal — Occupier issuing appeal out of time — Crown Court granting leave to appeal — Whether discretion to grant leave to appeal out of time — Whether appeal to be issued or heard within time-limit— Crown Court Rules 1982 (SI 1982/1109), Pt III, r 7(5)— Anti-social Behaviour Act 2003, s 6(2) Richmond Pharmacology v Dhaliwal: UKEAT/458/08; [2009] WLR (D) 54 EAT: Underhill J (president); Mrs J M Matthias, Ms B Switzer ; 12 February 2009 DISCRIMINATION — Race — Employment — Claimant alleging harassment — Correct approach — Race Relations Act 1976, s3A (as inserted by the Race Relations Act 1976 (Amendment) Regulations 2003) *** FROM THE BLAWGS... The Insite Law Blog archive has all the blog posts featured in the previous week. Here are a few noteworthy blog posts... (a) United Kingdom Pink Tape: Family Justice Under Threat
I want to publicise the disastrous proposals to swipe legal aid in family cases. Capitalists@Work: Bankers: Apologies Fake, Stupidity Genuine
It’s easy to diagnose greed and assorted wickedness from the Select Committee hearings...More… Head of Legal : Geert Wilders: the Home Office’s decision is unlawful As has been widely reported, the Home Office has decided to exclude the controversial Dutch MP Geert Wilders from the UK; here’s the letter it sent him notifying the decision. Many people will be troubled by this: there has already been criticism of his exclusion from Melanie Phillips and Daniel Hannan, and no doubt there will be more. I’m troubled, too. More… Bearwatch: Deflation, inflation, distress The Contrarian Investor gives a lucid explanation of the potential consequences of deflation. More… The Fat Bigot Opines: European corruption of law The Fat Bigot Opines: Hapless Jacqui performs a public service at last More… New Blog on the block: The Story of Mennard Charon QC: Postcard from a London Bus 7th February: Pro-God buses for London streets John Bolch, Family Lore: Bank Law Blog: Home Repossession (Protection) Bill Geeklawyer: Courtroom howlers The Evening Standard reports that NPower, the energy company, is threatening legal action against Westminster Council over its use of the word “juice”, for top-up points for electric cars. More… Marcel Berlins: Whatever happened to trials on TV? John Bolch, Family Lore has started doing a weekly newsletter on Family Law - Sign up here. (b) United States and Canada Blawg Review: Grate, It's Valentine's DayLegal Satyricon
Should Anything Be Held Legally “Obscene”? Two Girls One Cup and the Third Miller Factor: Miller Delendum Est Gerry Riskin, Amazing Firms
While the Insite Law newswire is general in coverage - there are some excellent specialist newswires available free: Family Lore Focus Newsletter | Law Brief Update | Personal Injury | Daniel Barnett's Employment Law Update
I'd be grateful for feedback - particularly in terms of what you would like to see covered in the newswire. If the newswire is not to your taste you can unsubscribe at any time. If you have enjoyed the newswire would you be kind enough to forward it to colleagues/friends and suggest they sign up? Sign-up form for The Insite Law Newswire Mike SP mikesplaw@mac.com
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