Archive | March 6, 2009

Who would have thought a race-track could be noisy?

March 6, 2009

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Source: Watson & Others v. Croft Promo-Sport Ltd [2009] EWCA CIV 15; see also http://www.thenorthernecho.co.uk/news/4076123.Croft_Circuit_loses_noise_appeal/?action=complain&cid=7472608 ; and ‘Injunction for continuing noise nuisance’ Environmental Law Monthly Env. L.M. (2009) February Pages 1-4

The Claimants (who occupy houses just north of the race circuit) alleged that the defendants use of Croft Motor Circuit, near Darlington gave rise to excessive noise and constituted a nuisance. They sought an injunction to restrain continuation of the nuisance, and compensation for past nuisances. Although the Circuit had received planning permission for motor racing in 1963, this was not obtained without difficulty and various appeals. By 2006, the circuit had upto 147 days (mainly in the summer) in which racing took place. The claimants do not object to the car and bike racing days which amount to 45-50 days each year, but rather to the Vehicle testing and track days (where the noise levels are at their highest, all day long)

 

In the High Court, Mr Justice Simon decided in favour of the defendants and refused an injunction, but awarded 109,600 compensation in light of the decreased value of their properties and loss of amenity. This argument was rejected by the Court of Appeal, and they later allowed the injunction, restricting the number of days that the circuit could operate.

 

The Defendants have now been refused leave to appeal to the House of Lords.

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Solicitor deceives businessman

March 6, 2009

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Source: Kinch v. Rosling & Others [2009] EWHC 286 (QB); see also http://www.sporting-life.com/football/news/story_get.cgi?STORY_NAME=soccer/09/02/17/SOCCER_Kinch.html

Gilbert Kinch (the claimant) was the victim of an advanced free fraud, perpetuated when he wanted to raise money in 2000 to finance the acquisition of shares to take over control of Leicester Football Club.

 

Unfortunately the funds that Mr Kinch thought were available, turned out not to be and the claimant became liable for debts which he was then unable to pay. The Football Club went into administration, and the claimant was made bankrupt.

 

Following a Solicitors Disciplinary Tribunal in 2006, David Rosling (the claimants solicitor & First Defendant) was struck off the roll of solicitors. The claimant was awarded just under £2million for the humiliation, distress and anxiety as a result of the bankruptcy, and for various special damages that occurred as a result of the misrepresentations.

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R v. Porter article

March 6, 2009

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Source: ‘How risk can be seen following R v. Porter’  Health & Safety at Work H.S. at W. (2009) Vol.16 No.1 Pages 4-5

Discussion of R v. Porter (James Godfrey) (2008) EWCA Crim 1271. The case itself concerned a headteacher who was charged with breaches of health and safety legislation following the death of one of his three-year old pupils who fell while jumping down some steps in the school playground.

More details of the incident can be seen here: http://www.dailymail.co.uk/news/article-1020519/Headmaster-blamed-death-pupil-playground-fall-wins-appeal-conviction.html  

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4-4-2-Tax article

March 6, 2009

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Source: J Loebl, M Herdman & P Brookes, ‘4-4-2-Tax’ (2009) 163 Taxation Tax (#4194) 169-71

Three lawyers from Grant Thornton have penned an article discussing tax planning for professional football players (whether UK or foreign).

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Arbitration article

March 6, 2009

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Source: A Sandiforth, ‘Anti-suit injunction – arbitration agreements’ Shipping and Trade Law S.T.L. (2009) March 6-8

Alex Sandiforth has just published an article in Shipping & Trade Law considering the Commercial Court’s decision in Sheffield United Football Club Ltd v West Ham United Football Club Plc which prevents West Ham from appealing to the Court of Arbitration for Sport

The original case can be downloaded here: http://www.bailii.org/ew/cases/EWHC/Comm/2008/2855.html

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Matt Stevens starts 2yr Drug Ban

March 6, 2009

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Source: http://news.bbc.co.uk/sport1/hi/rugby_union/my_club/bath/7915732.stm; http://www.guardian.co.uk/sport/2009/jan/22/matt-stevens-bath-england-suspension;  

Matt Stevens (England prop) has received a two-year drugs ban until January 18th 2011, after testing positive for a prohibited substance (though to be cocaine) during a routine urine sample, last December. The ban covers all aspects of rugby (playing / coaching / even promoting the sport). Stevens has opted not to appeal and instead accepts “full responsibility” for his actions.

 

He is quitting his club rugby side, Bath, to spare them any further embarrassment, and instead will focus attention on opening a new cafe (Jika Jika) this summer in Bath.

 

Martin Johnson (England Rugby Manager) has commented that: Matt has admitted that he has a problem and is seeking help. We support him in that but all rugby players must understand that they are responsible for their actions, and that includes lifestyle choices.”

 

As Cocaine is also a Class A recreational drug, Stevens is lucky that he is not facing imprisonment or criminal charges. Lets just hope that the new cafe is not like the ones that you can find in Amsterdam!

 

See the Sky Sports Interview here: http://news.sky.com/skynews/Home/video/Matt-Stevens-England-Rugby-Player-Admits-Taking-Drugs-And-Faces-Two-Year-Ban/Video/200901315207503?lid=VIDEO_15207503_MattStevensEnglandRugbyPlayerAdmitsTakingDrugsAndFacesTwoYearBan&lpos=searchresults

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What does SOS mean? Not rescue me, by all accounts!

March 6, 2009

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Source: http://www.vancouversun.com/news/family+angry+about+delayed+rescue+effort/1331820/story.html ; http://www.vancouversun.com/news/response+fumbled/1330585/story.html; http://www.leaderpost.com/news/Funeral+skier+died+wilderness/1358023/story.html

When Gilles Blackburn and his wife (Marie-Josee Fortin) strayed off the path in an out-of-bounds area near the Kicking Horse Mountain Resort, in British Columbia on 15th February, this started a catalogue of errors that eventually led to Marie-Josee’s death and Gilles living on leaves and creek water for 9 days!

Although the couple were only dressed for a day of skiing and did not have any survival gear with them, Gilles was an avid outdoorsman and was able to build a makeshift shelter using bow stems and branches. This is one of the reasons they survived for so long as the wind chill dropped to -25 some nights. Tragically, 7 days after they had become lost, Marie-Josee contracted hypothermia and died.

Each day, Blackburn drew SOS markings across several kilometres of snow, hoping they would be spotted by rescuers and helicopters. Finally on the ninth day, a helicopter pilot spotted the markings and search-and-rescue crews found him, suffering from frostbite, about 16 kilometres from the ski resort.

The Royal Canadian Mounted Police (RCMP) has now launched an internal review into why the rescue did not begin until several nearly a week later, despite two separate reports of the SOS markings. Indeed, when an off-duty guide first spotted these SOS markings, he contacted resort staff who told him that there were “no outstanding ski rentals or missing-person reports.” (Sadly, the resort staff overlooked Blackburn’s car parked in the underground car park at the resort). Even after a second sighting was reported to the RCMP, a search was not started as there were no reports of any missing skiers, and under British Columbian rules, volunteer search-and-rescue crews do not have the authority to start their own missions unless ordered to by a provincial authority (such as the RCMP). The third time, these marking were spotted, a pilot saw Blackburn and a rescue was launched.

So what exactly does SOS mean, if not a universal sign of distress? The RCMP has said that Blackburn should have laid down next to the signal as it was unsure how old the tracks were.

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