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Contents

Wolf at the station door. p1
Susan Belgrave

Text Messages - Nothing but Hearsay. p3
Tim Godfrey

Search Warrants - Solicitors and Experts. p4
Edwin Buckett

Current issues in infant approval costs. p6
Ben Rodgers

Overriding Necessity: Removal at Birth. p7
Tim Parker

Contents

Maritime Piracy Employers’ Personal Injury Liability. p1-2
Grahame Aldous QC and Catherine Atkinson

All you need to know about the Court of Appeal Criminal Division in One Handy Blue Book. p3
Rosina Cottage 

Limitation Update. p4  
Jennifer Scott  

CICA 2008 SCHEME. The good, the bad and the ugly. p5-6
Aileen Downey 

SPORTELLI. Marriage & the triumph of hope? p6-7 
Philip Jones     

Stress at work mediation – 2 case studies Mediation in stress at work claims can benefit all involved. p8
Giles Eyre

This is a summary of the contents. Download the 8 page PDF here. Alternatively to view as an e-book on your iphone, Blackberry or PDA please click here. 

Negligence and Human Rights claims against the Police: The end of the road? p1
Edwin Buckett

Coleman v Attridge Law. p3
Ben Rodgers 

The Sixth Edition of the Ogden Tables: A Year On. p4
Catherine Atkinson

Family Law Case Review. p6
Emma-Jane Mahood

When is a Door Not a Door? Or how the House of Lords will finally save me from having to buy a round. p7
Simon Carr

Contents

Crane v Canons Leisure Centre & Wolley v Haden Building Services. p2
John Foy QC

Complaints under the Criminal Justice Act 2003. p2
Simon Carr and Shahram Sharghy

Corr v IBC. p3
John Foy QC, Andrew Ritchie and Robert McAllister.

Liability of Local Authorities to Compensate for Failure to Protect. p4
Shahram Sharghy

Clinical Negligence and the Human Rights Act: Do the cases of Van Colle and Savage
create a parallel system of remedies? p6
Linda Nelson

Contents

Lies, Damned Lies And Statistics on the fraud in relation to the collapse of Independent Insurance. p1 
Andrew Baillie QC;

Berry V Ford Motor Corporation (2007) & Burtt v Lidl UK Limited. p2
Andrew Ritchie and  Simon Carr

Religious convictions v sexual preferences: how do we reconcile conflicting discrimination strands? p3
Susan Belgrave

When Is An Injury Not An Injury? p4
Stephen Glynn

• Christopher Goddard strengthens PI team.
• Genetic Practice under the Human Tissue Act 2004: Curbing Frankenstein or Placating Luddites?
• Experts and Conflicts of Interest.
• An Overview of the Health and Safety Statistics 2005/06.
• Serious Organised Crime & Police Act 2005 - New Offences created by the Act.
• 9 Gough Square first chambers to become APIL training provider.

• Video conferencing facilities installed at 9 Gough Square.
• Inconsistencies in medical records - Denton Hall Legal Services v Fifield.
• Negligence claim for failure to maintain records on Police National Computer - Tilbury v The Commissioner of Police for the Metropolis.
• No sanctuary for first instance judges behind a finding of fact - Hardisty v Aubrey.
• Sentencing Guidelines: Court of Appeal call for urgent review of guidelines in relation to the discount available for a guilty plea where a defendant was caught red-handed.
• Fatal accidents, uninsured drivers and the Motor Insurers Bureau.
• Police Officer not employee nor to be treated as such for the purposes of RTA - Guy Miller v (1) Ricky Hales (2) QBE International Insurance Ltd (3) The Motor Insurance Bureau.
• Animals Act horse riding case appealed in Court of Appeal - Clark v Bowlt.
• Damages for assault in children's home - K v Birmingham City Council.

• Fatal accidents: Suicide, Causation and Remoteness - a tragic case but one which clearly defined the law surrounding suicide in personal injury and fatal accident claims.
• Considering "maintenance in an efficient state" - Six Pack Regulations imposition of strict liability on employers.
• Will you still need me when I'm 64? - The Employment Equality (Age) Regulations 2006.
• The Changing Landscape of Fraud - now no longer a traditional police function; a review of recent legislation and changed responsibilities.
• DNA and the police - Can the Family Court compel the police to disclose samples obtained in the investigation of crime?

• Reform of private hospital regulation: A universal assurance of standards? 
• The Control of Vibration at Work Regulations 2005.
• Family law reform - opportunities taken, wasted and yet to be seized.
• Corporate manslaughter.   
• The need for mediation.   
• 9 Gough Civil team strengthened.

• Last year a legal landmark met its demise - its value as bricks and mortar was negligible, but its place in history runs at £300 billion a year.
• Hampstead Heath Winter Swimming Club & Others v Corporation of London Health and Safety Executive.
• Civil Partnerships under the Civil Partnership Act 2004.
• Majrowski v Guys and St. Thomas NHS Trust - Vicarious Liability for Harassment.
• Failure to comply with Health and Safety Regulations as a fundamental breach of contract.
• Personal Injury - Unreasonable behaviour in recovering more than Fixed Costs.
• The Adoption and Children Act 2002 - the end of the legislative process.
• Essex County Council v X and Y and A and B.
• Donoghue v Stevenson - Would the famous snail case run today?
• Work at Height Regulations 2005

• Chester v Ashfar: the effect on product liability.
• Abandonment of criminal appeals.
• Conditional Fees – Unconditional success?
• All change: New Employment Tribunal Rules.
• Periodical Payments – the pros and cons.
• Dropped in it by your expert?

• Causation: A question of Principle?
• Deductions form Damages – A retread?
• The New Criminal Procedure Rules – A cultural change
• Reasonable success fees in “old regime” CFAs.
• A red card is issued to organised crime.
• Legal Bullocks – PI and animals.
• Protocol on the disclosure of police information in family proceedings.
• Hammond – the final chapter

• The agency, the client and the dismissed worker.
• Has the Court of Appeal destroyed Six Pack?
• “Small hole – Big case” – interpretation of Six Pack Regulations
• The Adoption and Children Act 2002.
• Closing the Stable Door – personal injuries caused by animals.
• Mediation in Practice.
• The Sexual Offences Act 2003 – A New Beginning?
• Close Shave in the decision in Barber v Somerset CC employment case.

• Corporate Manslaughter - what's the problem?
• Cost Estimates - the new battle ground?
• Every Child Matters - review of Government's Green Paper.
• Unavoidable Operations - liability for damage following failure to warn.
• Secure Accommodation - a user's guide to s25 Children Act 1989.
• Damages for the Unwanted Child.

Contents

Malone & Ors v BA. p1
Catherine Atkinson

The Lonliest Number. p2
Philip Jones

The Malicious Reference

Religion in the work place - Amachree v Wandsworth. p4
Susan Belgrave

Contents

Stuart Peters Ltd v. Bell. p1
James Holmes-Milner

Private sector transferrees not bound by public sector pay settlements. p2
Ben Rodgers

Buckland v Bournemouth College. p3
Susan Belgrave

Compensation for stigma. p4
Ed Lamb

Agency workers: Has that ship finally sailed? Ben Rodgers

Employers’ Liability: Pirates of the high seas. Catherine Atkinson

For whom the whistle blows. Susan L. Belgrave

• Employment Rights for Temporary Agency Workers: Another door closes, by Laura Elfield and Catherine Atkinson.
• Equal Pay: An Update by Esther Maclachlan.
• Legislation Updater and Case Law Digest by Ed Lamb.
• Spiked: inadmissable documents and failed claims.

• Employment Tribunal Rules of Procedure - Minutiae creates problems instead of intended simplicity; Employment Tribunals (Constitution and Rules of Procedure), by Louise Jones.
• Big Brother is Listening; Whether secret recordings of disciplinary panel private deliberations can be adduced in evidence, by Susan Belgrave.
• Legislation updater, by Dorothea Gartland.
• Case law updater, by Dorothea Gartland.

• Mutuality in employment contracts.
• The future for maternity rights.
• Legislation updater.
• Case law updater.

• Required information is not necessarily required and a letter before action amounts to a grievance...?  Welcome to the Alice in Wonderland World that is now Employment Law. 
• Have the ADR Regulations and the Employment Tribunal Procedural Rules achieved their objectives?
• Unfair Dismissal and the Territorial Jurisdiction of Employment Tribunals.
• Will you still want me, when I am 64? - The new Draft Age Discrimination Regulations.
• Grievance Procedures under the new ADR rules.

• New disability discrimination provisions.
• Grappling with the burden of proof.
• Case law update.

• Employed through an Agency? "The good news for applicants is that it should be easier to establish a contract of service in which the end user is the employer .... although such a claim would not necessarily be plain sailing."
• The agency - the client and the dismissed worker.
• Calderbank - offers, costs & unreasonable litigants.
• "It's a game of two halves, Gary" - submissions at half time.
• Case law digest.

• Sale of Goods – the new consumer rights.
• Limits to the law of restitution - how to have your cake and eat it.
• A Stop to Estoppel.
• Buyer's Right to Reject

Contents
Pre-nuptial agreements: the end of the line for marriage as we know it? p1
Oliver Millington

New Rules and More Micro-Management. p3
Tim Parker

The test that failed - the limits of alcohol hair strand testing. p4
James Dove

L-B (Children) p6
Esther Maclachlan

Contents

All change in cash forfeiture proceedings. p1
Gareth Munday

Criminal Procedure Update. p3
Jennifer Newcomb

Anything you do say may be used against you. p4
Tom Restall

Changes to sentencing and the new assault sentencing guidelines. p6
Eleanor Mawrey

Heasay Evidence. p8
Laura Bumpus

• Long criminal trails – a brave new world?
• Hearsay: Trust the Jury?
• Bad character –“All Change?”
• The New Sentencing Provisions.

Racially Aggravated Offences
Claire Harden

Homophobic and Transphobic Hate Crime
Jennifer Scott

Hate Crime against the disabled
James Thacker

Sentencing Hate Crime
Eleanor Mawrey

• Mediation in Practice – a briefing note.
• The Mediation Team at 9 Gough Square.

Contents

Business or Bribery p1
Emily Verity

FSA Retains Prosecutions p3
Eleanor Mawrey

How do we treat complaints of NHS Fraud? with a health warning! p3
James Thacker

Who should pass the sentence? Judges, politicians or the administration? p4
Andrew Baillie QC

Follow the sucess of our first edition this is now our second Fraud Bulletin. We are delighted to have received assistance from both Tim Slater of Grant Thornton UK LLP and Ben Summers of Peters & Peters.

THE AFTERMATH OF FRAUD by Tim Slater, Grant Thornton UK LLP

A LESS DRACONIAN APPROACH TO CONFISCATION? by Gareth Munday

BACK TO THE FUTURE: REVITALISING THE SFO

THE REGULATORY ENFORCEMENT AND SANCTIONS ACT 2008 by Ben Summers, Partner at
Peters & Peters

A BRIDGE OVER TROUBLED WATER? by James Thacker

WHEN IS PROPERTY CRIMINAL PROPERTY? by Benedict Rogers

BAE REVISITED by Philip Henry

This is our first Fraud Bulletin and we are delighted to have received the assistance of Mark Beardsworth of Kingsley Napley and Graham More of the Serious Fraud Office in its production.

• Criminal Liability and the Boardroom in 2008: The Grip Tightens, by Mark Beardsworth;
• Money Laundering/Proceeds of Crime;
• Recent Case law by Eleanor Mawrey;
• If at first you don't suceed Try, Try and .......
    - The case for Juries by Andrew Baillie QC;
    - The Case against Juries by Graham More;
• The Fraud Act 2006 and other Recent Developments by Emily Radcliffe;
• Preparatory Hearings: The impact of the House of Lords by Fred Ferguson and Tim Godfrey;
• Multiple Offending - Have the problems been solved by Tom Little.