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Mike Semple Piggot
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Issue #4: 22nd February 2009
 
 
CHARON PODCASTS 

 
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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

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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

 
City leaders avoiding moves to cut trainee intake
Legal Week

New QC appointments round sees 104 take silk
Legal Week


Freshfields asks trainees to delay start date
The Lawyer


Six lawyers at Raleys guilty of misconduct over £7m miners’ awards
Times


Law firm Fox Hayes fined almost £1m for role in share scams
The Times
 
Lawyers from 21 countries tackle Madoff case
Times
 
Simmons set to cut up to 69 jobs in London
Legal Week

Cadwalader set to cut staff from London office
Legal Week


Legal Week:
Lovells asks trainees to volunteer to defer | CC in talks on voluntary redundancies


(a) News from the Law Society

Disclosure – understanding the risks
The Law Society is holding a series of seminars to help practices understand the new expectations from the courts on disclosure.

Surveys
Residential conveyancing
Litigation funding consultation

VAT on disbursements: new practice note
Our practice note seeks to help you identify what is or is not a disbursement under VAT rules.

Professional Update
This week's issue features data protection, VAT on disbursements, conveyancing survey and more.

Data protection: new practice note
Our new practice note sets out how solicitors can comply with the Data Protection Act 1998.

Mortgage repossession: updated practice note

Announcements from the Office of the Public Guardian
The Office of the Public Guardian has reported a delay in registering some lasting powers of attorney.

Residential conveyancing - let us know your views

Difficulties paying tax: updated practice note


(b) News from The Bar Council


(c) The Ministry of Justice
 

Derby leads the way in tackling youth crime
Justice Minister David Hanson MP and Victims' Champion Sara Payne visited a ground-breaking Derby project that helps local young people to speak out if they have been victims of anti-social behaviour, knife and gang-related crime

Legal Services Ombudsman and Complaints Commissioner reappointed
Zahida Manzoor CBE has been reappointed as Legal Services Ombudsman and Legal Services Complaints Commissioner for England and Wales.

Mortgage and landlord possession statistics
The latest National Statistics on mortgage and landlord possessions for the fourth quarter of 2008.

Company winding up and bankruptcy petition statistics
The latest National Statistics on company winding up and bankruptcy petitions for the fourth quarter of 2008.

Local adult reoffending October 2007 - September 2008 cohorts
The latest statistics on the reoffending of adults on the probation caseload, released by the Ministry of Justice.



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POLITICO-LEGAL AND CREDIT CRUNCH NEWS
 

Qatada can be deported despite torture fears, law lords rule
Independent: Decision paves way for 11 more terror suspects to be sent to home countries

Allen Stanford, the Texan behind 20/20 cricket riches, charged over $9.2bn ‘fraud’
Times:


UK tax-take to reveal depth of crisis
Financial Times:


Government ‘actively encouraged’ torture, MPs told
Telegraph:


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GENERAL LEGAL NEWS
 


Surveillance will cost more than £34 billion say Convention on Modern Liberty

Times:

Secret papers on Iraq war stolen from Eversheds lawyer on train
The Times
 
Court told of liquid bomb plot to down airliners
Independent



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LAW REPORTS FROM ICLR
 
Monday 16th February

SRM Global Master Fund LP v Commissioners of HM Treasury; RAB Special Situations (Master) Fund Ltd v Same; Grainger and others v Same [2009] EWHC 227 (Admin); [2009] WLR (D) 55
QBD: Stanley Burnton LJ and Silber J: 13 February 2009
HUMAN RIGHTS — Right to peaceful enjoyment of possessions — Deprivation of property — Government and Bank of England lending to regulated bank — Government subsequently making compulsory transfer of shares in bank to Treasury

Tuesday 17th February

Imageview Management Ltd v Jack [2009] EWCA Civ 63; [2009] WLR (D) 56
CA: Mummery, Dyson, Jacob LJJ: 13 February 2009
AGENCY — Secret commission — Side deal — Footballer’s agent making negotiation with football club on principal’s behalf — Agent making undisclosed deal with club on own behalf in connexion with obtaining work permit for principal — Whether breaching agent’s fiduciary duty to principal — Whether principal entitled to unpaid agency fees — Whether agent entitled to return of fees already paid or to account of fee received by agent from club 


In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP; [2009] WLR (D) 57
Ch D: Sir Andrew Morritt C: 13 February 2009
INSOLVENCY– Winding up – Limited liability partnership – Petitioner alleging persons to be contributories to limited liability partnership – Alleged contributories denying allegation – Whether having locus standi of to appear and oppose winding up petition


Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families [2009] EWHC 219 (Admin); [2009] WLR (D) 58
QBD: Forbes J: 13 February 2009
EUROPEAN COMMUNITY — Public procurement — Contracting authority — “Economic operator” — Secretary of State exercising power to approve formal expression of interest by sponsor for academy —— Parent of school age children bringing public law challenge to Secretary of State’s approval of expression of interest — Whether parent having standing to bring challenge — Whether court having jurisdiction to hear challenge — Whether academy sponsorship process to be subject to rules on public procurement — Education Act 1996, s 482 (as substituted by s 65(1) of the 2002 Act) — Public Contracts Regulations 2006 (SI 2006/5) — EC Treaty, arts 43, 48, 49, 52, 55 — Parliament and Council Directive 2004/18/EC, art 2


Elgafaji and another v Staatssecretaris van Justitie (Case C-465/07); [2009] WLR (D) 59
ECJ: President Skouris, Judges Jann, Timmermans, Rosas, Lenaerts, Ileši?, Arestis, Borg Barthet, Malenovský, Lõhmus and Bay Larsen: 17 February 2009
HUMAN RIGHTS — Stateless persons — Subsidiary protection status — Real risk of serious harm — Serious and threat to applicant by reason of indiscriminate violence — Whether necessary for applicant to prove specific targeting by reason of individual circumstances — Council Directive 2004/83/EC, arts 2(e), 15(c)

Wednesday 18th February

RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same; Othman v Same [2009] UKHL 10; [2009] WLR (D) 60
HL: Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Lord Brown of Eaton-under-Heywood and Lord Mance: 18 February 2009
IMMIGRATION – Deportation – Conducive to public good – Appeal from Special Immigration Appeals Commission – Whether restricted to error of law or irrationality – Whether deportees facing real risk of torture – Approach of commission in determining risk – Special Immigration Appeals Commission Act 1997, s 7 – Human Rights Act 1998, Sch 1, Pt I, arts 3, 6

Thursday 19th February

Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) [2009] EWHC 254 (Comm); [2009] WLR (D) 61
QBD: Christopher Clarke J: 18 February 2009
DAMAGES — Contribution — Entitlement — Company fraudulently overstating value of security for advances — Company’s solicitor accepting liability to lender for negligence — Lender obtaining judgment against company in deceit — Solicitor’s claiming contribution against company — Whether company liable in respect of “the same damage” — Method for calculating reduction in respect of contributory negligence — Civil Liability (Contribution) Act 1978, ss 1(1), 2(1)(3)


R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] WLR (D) 62
CA: Lord Judge CJ, Ward, Lloyd LJJ: 19 February 2009
CRIME — Aiding and abetting — Suicide — Degeneratively ill claimant anticipating need of husband’s help in committing suicide — Whether Director of Public Prosecutions unlawfully failing to provide guidance on likelihood of prosecution — Suicide Act 1961, s 2(1) — Human Rights Act 1998, Sch 1, Pt I, art 8

R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63
CA: Laws, Rix, Dyson LJJ: 18 February 2009
CONFIDENTIAL INFORMATION — Disclosure — Security service — Former member of service wanting to publish material relating to his work there — Director of Establishments refusing consent to publication — Former member claiming judicial review in Administrative Court — Whether Investigatory Powers Tribunal having exclusive jurisdiction — Regulation of Investigatory Powers Act 2000, s 65(2)


Friday 20th February

Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64
ECJ: President of Chamber Lenaerts, Judges von Danwitz, Silva de Lapuerta, Juhász and Malenovský: 17 February 2009
EUROPEAN COMMUNITY — Environment — Genetically modified organisms — Deliberate release into environment — Public right of access to information on location of release — Meaning of “location of release” — Whether right restricted — European Parliament and Council Directive 2001/18/EC on genetically modified organisms (“GMOs”), art 25(4)

Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65
HL(Sc): Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood: 18 February 2008
NEGLIGENCE — Duty of care to whom? — Local authority — Council house tenant issuing death threats to neighbour — Local authority summoning tenant to meeting and telling him he faced eviction from home — Tenant leaving meeting and fatally assaulting neighbour — Whether local authority under duty to warn neighbour meeting had been called

 
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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 from UK Blawgs...
 

The Fat Bigot Opines: Now, let me see ...
A number of prominent news stories crossed my mind today as I watched England's cricketers limp and hobble their way to failure in Antigua. My thought-process was: Antigua - cricket - Stanford - anti-terror laws - banks - Madoff - MPs' expenses. More...

Charon QC: Binge drinking is part of our national Zeitgeist
More...


Capitalists@Work: Turnover isn't profit
More....

Guido Fawkes: Obama's Online Guru :
"I Don’t Think We Could Win the Re-election for Brown"

Capitalists@Work: Radical pound devaluation strategy begins

Geeklawyer goes on a date with Mr Ed
Geeklawyer mentioned the superficial politeness of Canadians before. But not everything on his visit to Canada was bad. Having met the ridiculous he relished the sublime. Mr Ed of Blawg Review was, by a happy coincidence, in town and Twitter proved its usefulness in coordinating a meet-up: a first for your scribe and proof positive that Twitter will save humanity. More...

Lords of The Blog: Judicial sittings
Lord Norton writes: In response to my previous post, a number of readers asked about the role of the law lords. Croft raised the question as to whether other peers could participate in judicial business.. More...

The Magistrate's Blog: "Walked Free" Yet Again
More...

Corporate Law & Governance: UK: England and Wales: winding-up of a LLP - the right to appear in court proceedings
The ICLR, as part of its excellent WLR(D) service, has noted Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP [2009] WLR (D) 57, a High Court decision not yet available on BAILII. The ICLR's summary of the case begins... More...

Judith's Divorce Blog: Phone a friend

Housed: Shelter - more redundancies

Free Legal Web: Improving access to legislation

IPKat: Around the blogs
A stylish, sassy new blog on the block is Fashionista-at-Law, which you can find here. Not just an intellectual property blog, the opinionated, perceptive Fashionista is powered by a team of nine and it seeks to tie together the many different strands of law-meets-fashion. Naturally there's design and branding news, but this blog also covers insolvency, distribution, retailing issues, shop-lease policies, finance, outsourcing, corporate responsibility -- in short, a real shelfload of cans of worms that the fashion sector dare not neglect. More...

Dr Peter Groves Ipso Jure: Police Officer convicted under Data Protection Act


A Diary of Injustice in Scotland
'Culture of fear' grips Scottish Legal Complaints Commission as Justice Department witch-hunt threatens whistleblower staff over leaks to media

Pragmatist: PFI Bailout: One Last Gulp Of The Kool Aid
To be fair, I did warn Ministers when Gordon drained the Cabinet tea urn and filled it with his own lethal Kool Aid cocktail. Don't drink it, I said. Do something useful. Take one of the nation's never-been-used military helicopters and fly out to meet the Taliban. More...

Jonathan Mitchell QC (Scotland): Unmonitored self-certification and the professional responsibilities of solicitor-advocates

Mennard: The Big case Part 2

BabyBarista: Year 3, week 21: silk purses and sows’ ears
There was much chat around chambers today after the list of appointments to Queen’s Counsel was announced. Apparently this is the second year in a row that UpTights has applied for silk and sadly for her the second time that she has been rejected. More...

 

The Fat Bigot Opines: Freedom of speech is not a right
The other day a Dutchman with a funny shaped head wanted to speak at the House of Lords, because he had been invited to do so. Apparently he has some involvement with a film that argues the spread of radical Islam isn’t the most cuddly thing in history. Indeed, as I understand his position, he says it is a recipe for repression on a scale not seen in Europe since the 1930s when an Austrian who always missed a bit shaving and an avuncular Russian with a taste for genocide both got rather overexcited. More…

Capitalists@Work: ANOTHER Whistleblower Tale: it’s the FSA, Lloyds TSB and Brown - Again:More…
Here’s an interesting conjunction of people and events, redolent of other recent banking revelations.In 2000, Scottish Widows de-mutualised, being bought from the policy-holders by Lloyds TSB. In common with other assurance companies (most famously Equitable Life), SW had exposure to the Guaranteed Annuity Rate problem.

Family Lore: Get Geeklawyer

John Bolch, not content with just providing a useful family law news and podcast service has branched out into designing arcade games for lawyers with time on their hands. His first creation is “Get Geek” - an opportunity to splash intrepid blogger Geeklawyer with water. Splash Geeklawyer?

John Bolch also does serious!: Another large daily news update to Family Lore Focus today, including links to stories on the legal aid cuts, the Baby P case, the Webster case and blog posts about a study on contact after separation, living together agreements and Resolution’s Parenting after Parting initiative.

Family Lore: Valentine thoughts

Capitalists@Work: Wrong about the Treasury committee

Here was me thinking this morning that the bankers would smooth over any inappropriate talk, say sorry and disappear back to their mansions to live in champagne and shame.How wrong I was, for Paul Moore’s letter is pure dynamite; It is reported at length elsewhere. More…

Geeklawyer: Geeklawyer goes on a date with Mr Ed
Geeklawyer mentioned the superficial politeness of Canadians before.But not everything on his visit to Canada was bad. Having met the ridiculous he relished the sublime. Mr Ed of Blawg Review was, by a happy coincidence, in town and Twitter proved its usefulness in coordinating a meet-up: a first for your scribe and proof positive that Twitter will save humanity. More…

Head of Legal : Damian Green’s bail extended
The extension of bail for Christopher Galley and Damian Green, is, according to the CPS, to enable them to “resolve issues of Parliamentary privilege”.It’ll be a pity if this renews the hopeless debate about the entirely lawful search of Green’s office, which many thought, wrongly, breached Parliamentary privilege. What I think the CPS must be considering is whether they can probably use Damian Green’s statements in the House as evidence, or whether that would breach article 9 of the Bill of Rights 1688, which provides. More…

Bearwatch: Where is Paul Moore’s bonus?
Paul Moore, former head of risk management at HBOS (which, by the way, has just cratered its new owner, Lloyds Bank), was sacked in 2005 by Sir James Crosby, allegedly for warning about the bank’s excessive lending.More…

Best Crime Blawg Review
Ed of Blawg Review writes: Criminal defense attorney Mark Bennett hosts Blawg Review #199 at Defending People, the winner of the ABA Journal Blawg 100 award for best crime law blog in 2008. I said it on Twitter, and I’ll say it again here, “The next time somebody asks me how to write a great Blawg Review, I swear I’m just going to tell ‘em where to go.” Go see Mark Bennett’s Blawg Review #199.

Lords of the Blog: Cost of the House of Lords
Some rather misleading figures have been bandied about in terms of the costs of the House of Lords, both in terms of the overall costs of the House and what allowances individual members may claim. More…

The Barrister Blog: Ways to Save the Planet

The Magistrate’s Blog: Borrrowed Without Shame

Pink Tape: Gingerbread Contact Survey…and a little philosophy

Dr Peter Groves | Ipso Jure: Towards a police state?
More on the amendments, going through Parliament at the moment, to the Data Protection Act 1998. The changes are cunningly concealed in the Coroners & Justice Bill, clauses 152 to 154 and Schedule 18. More…

Information Overlord: Facebook addresses yet more trust issues
Facebook has once again hit the headlines: this time over a subtle change made to their Terms of Service. They have deleted a line relating to their use of your content that said ” If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content”. More…


Law Minx: Darwin Wasn’t a Mini Pupil……..

As you may (or, not – and if not WHY not?!) be aware, Dear Blogwatcher, I have recently undertaken a mini pupillage at a Damned Jolly Young, Ambitious, Hard Working, and Generally Rather DECENT Mixed Set (to be known henceforth as DJYAHWGRDMS) out in the Sticks, an experience which has been both wonderfully refreshing and career reaffirming in the run up to OLPAS. More…




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Regards and have a good week
 
Mike SP
mikesplaw@mac.com

 

 

 

 

 

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