Law Society noticesRecent information from the Law Society's libraryCommonsR v Sunderland City Council,ex parte Beresford, The Times,16 January 2001 (QBD).A claim that land was a village green because of recreational use for more than 20 years as of right, could be defeated if it were shown that usage had arisen because of an implied licence.
Available under 'British News' on The Times Web site at: www.thetimes.co.uk
Consumer protectionKetley v Gilbert, The Times, 17 January 2001 (CA).A car hire agreement which provided for the hire charge to be met by a single payment 'on the expiry of 12 months' starting with the date of the agreement was not an unregulated consumer credit agreement within art.3(1)(a) of the Consumer Credit (Exempt Agreements) Order 1989 (SI 1989: 869).
Available under 'British News' on The Times Web site at: www.thetimes.co.uk
CostsR v Clerk to Liverpool Magistrates' Court, ex parte McCormick; R v Same ex parte Larkin, The Times, 12 January 2001 (QBD).A defendant does not have to prove payment of costs in order to obtain reimbursement from central funds.
It is sufficient that the defendant was contractually obliged to pay them.
These cases were referred to in [2001] Gazette, 5 January, 27.
Available under 'British News' on The Times Web site at: www.thetimes.co.uk
CourtsThe Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000.
SI 2000: 3374.
Came into force on 18 January 2001.
Available at: www.hmso.gov.uk/stat.htmThe Approval of Enforcement Agencies Regulations 2000.
SI 2000: 3279.
The Enforcement of Warrants (Disclosure of Information) Order 2000.
SI 2000: 3277.
The Magistrates' Courts Warrants (Specification of Provisions) Order 2000.
SI 2000: 3279.
All three came into force on8 January 2001.
Available at: www.hmso.gov.uk/stat.htm
Practice Direction (Judgments: Form and Citation), The Times, 16 January 2001 (LCJ).Changes to the layout and citation of cases heard in the Court of Appeal and High Court have been introduced in order to make it easier to reproduce, distribute, store and search judgments.
Available under 'British News' on the The Times Web site at: www.thetimes.co.uk
R v Langford, The Times, 12 January 2001 (CA).The duty to assist the judge rested with counsel for both the prosecution and the defence.
Available under 'British News' on the The Times Web site at: www.thetimes.co.uk
EmploymentTasci v Pekalp of London Ltd, The Times, 17 January 2001 (CA)Under reg 13(2) of the Woodworking Machines Regulations 1974 (SI 1974: 903) an employer's duty to train included checking that the employee had understood the instructions, particularly where the employee was a refugee.
Available under 'British News' on The Times Web site at: www.thetimes.co.uk
EuropeRegulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop.
OJ L 336 30.12.00 p.4.MEPS have adopted the regulation on unbundled access to the local loop enabling the competitive provision of a full range of electronic communication services, including broadband multimedia and high speed Internet.
This will increase the level of competition and innovation in the local access network which in turn will stimulate competitive provision.
This is particularly suited to high speed Internet access.
This is available at: http://europa.eu.int/eur-lex/en/oj/2000/l_33620001230en.html
HousingCommonhold and Leasehold Reform Bill factsheets.
A series of factsheets explaining how the Bill will affect housing issues such as the collective enfranchisement of flats, lease renewal and service charges.
Available at: www.housing.detr.gov.uk/information/leaseholdreform/factsheet/index.htm
Draft pre-action protocol for housing disrepair cases.
Law Society consultation paper, 2001.
Procedure and framework for dealing with housing disrepair cases to avoid litigation.
Includes guidance notes and sample letters.
Comments by 9 March 2001 to Claire Morgan, Policy Directorate.
Copies available under 'Civil Litigation' at: www.lawsociety.org.uk or tel: 020 7320 5673.
Information technologyMorgan and Stedman on Computer Contracts, 6th ed, Sweet and Maxwell, 2001.
ISBN 042174250X.
Chapters and precedents have been added to this edition on outsourcing agreements and Internet contracts.
Shelved in the library at bookcase 15H.
NoiseA Review of the Implementation of the Noise Act 1996.
Department of the Environment, Transport and the Regions consultation paper, 27 December 2000.
Comments by 30 March 2001.
Available at: www.environment.detr.gov.uk/consult/reviewofnoise/index.htmPrivacyDouglas and Others v Hello! Ltd, The Times, 16 January 2001 (CA).The court, when considering whether to grant any relief which might affect the right to freedom of expression by restraining publication before trial, should take into account any relevant human rights.
Publication of unauthorised wedding pictures before trial allowed.
Available under 'British News' on The Times Web site at: www.thetimes.co.uk
Venables and Another v News Group Newspapers and Others, The Times, 16 January 2001 (FamD).The court had jurisdiction to grant injunctions restraining publication of confidential information where it was necessary to protect individuals who were seriously at risk of injury or death if their identity or whereabouts became public knowledge.
Available under 'British news' on The Times Web site at: www.thetimes.co.uk
Solicitors Law Society v Gilbert, The Times, 12 January 2001 (QBD).It was not an abuse of process for the Law Society to bring a second set of disciplinary proceedings based on a conviction for dishonesty which took place after a previous disciplinary tribunal which considered essentially the same facts.
Available under 'British News' on The Times Web site at: www.thetimes.co.uk
This list has been compiled by the Law Society's library.
For further information contact the library's enquiry service; tel: 0870 606 2511 or e-mail:Lib-Enq@lawsociety.org.ukCopies of most items are available via the library's charged document delivery service: telephone us for a photocopying application form or download it from the library's Web page at: www.library.lawsociety.org.uk
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