Fresh inquest into custody death – BBC News

Posted January 22nd, 2009 in death in custody, inquests, news by sally

“A fresh inquest into the death of a Lancashire teenager found hanged at a secure unit in County Durham has been ordered by the High Court.”

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BBC News, 22nd January 2009

Source: www.bbc.co.uk

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Home Office guilty of data breach – BBC News

Posted January 22nd, 2009 in data protection, government departments, news by sally

“The Home Office broke data protection laws when a contractor lost a memory stick with information on thousands of prisoners, a watchdog has ruled.”

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BBC News, 22nd January 2009

Source: www.bbc.co.uk

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Do atomic test victims deserve compensation? – The Times

Posted January 22nd, 2009 in armed forces, news, nuclear weapons, personal injuries by sally

“Fifty years ago the UK Government began a series of atomic and thermonuclear weapons tests on the Australian mainland, on Christmas Island and elsewhere in the South Pacific. About 25,000 members of the British, Australian and New Zealand Armed Forces, many national servicemen, and some Fijians, took part in the testing programme — either actively or as bystanders.  This week nearly 1,000 veterans took their multimillion-pound compensation claim against the Ministry of Defence (MoD) to the High Court. They say they have suffered illnesses — including cancers, skin defects and fertility problems — because of exposure to radiation from the tests.”

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The Times, 22nd January 2009

Source: www.timesonline.co.uk

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UK consumers could win rights of direct action under unfair trading law – OUT-LAW.com

Posted January 22nd, 2009 in consumer protection, EC law, news by sally

“The European Parliament has called for a change to the way the UK has implemented consumer protection laws to allow cheated customers to take direct action against businesses.”

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OUT-LAW.com, 22nd January 2009

Source: www.out-law.com

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Commission tackles Microsoft again over product bundling – OUT-LAW.com

Posted January 22nd, 2009 in competition, EC law, news by sally

“Microsoft is abusing its dominant position in the PC software market by including its browser software with every Windows operating system it sells, the European Commission has said.”

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OUT-LAW.com, 21st January 2009

Source: www.out-law.com

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BAILII: Recent Decisions

Posted January 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Al-Saadoon & Anor, R (on the application of) v Secretary of State for Defence [2009] EWCA Civ 7 (21 January 2009)

Tele2 International Card Company SA & Ors v Post Office Ltd [2009] EWCA Civ 9 (21 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

Low & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 35 (Admin) (21 January 2009)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group Ltd & Anor [2009] EWHC 26 (Pat) (21 January 2009)

High Court (Commercial Court)

Office of Fair Trading v Abbey National Plc & Ors [2009] EWHC 36 (Comm) (21 January 2009)

Source: www.bailii.org.uk

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Recent Statutory Instruments – OPSI

Posted January 22nd, 2009 in legislation by sally

The Freedom of Information (Parliament) Order 2009

The Barking, Havering and Redbridge Hospitals National Health Service Trust (Establishment) Amendment Order 2009

The Home Information Pack (Amendment) Regulations 2009

The Health Protection (Vaccination) Regulations 2009

The Water (Prevention of Pollution) (Code of Good Agricultural Practice) (England) Order 2009

Source: www.opsi.gov.uk

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Laroche v Spirit of Adventure (UK) Ltd – WLR Daily

Posted January 22nd, 2009 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12; [2009] WLR (D) 14

Giving a purposive construction to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, a hot-air balloon was an aircraft, within the meaning of art 1, and the person flying in it was a passenger of the aircraft, within the meaning of art 17, whether he paid for his flight or not.”

WLR Daily, 21st January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06) – WLR Daily

Posted January 22nd, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06); [2009] WLR (D) 13

Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid annual leave at a later time or, in the case of employees who had been dismissed, to a payment in lieu.”

WLR Daily, 21st January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.



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Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Posted January 22nd, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France [2009] UKHL 2; [2009] WLR (D) 12

In order to comply with the requirement in ss 26(4) and 103(9) of the Extradition Act 2003 that notice of an appeal to the High Court must be ‘given’ within the specified period the notice had to be both served on all respondents to the appeal and filed in the court within that period, and the court had no power to grant an extension of time.”

WLR Daily, 21st January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Akinnoye Agbaje v Akinnoye Agbaje – WLR Daily

Posted January 22nd, 2009 in divorce, financial provision, jurisdiction, law reports by sally

Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11

A careful approach was required where a court was determining whether to exercise its jurisdiction under Pt III of the Matrimonial and Family Proceedings Act 1984 to grant an applicant leave to apply for financial relief in this jurisdiction following a divorce in an overseas country.”

WLR Daily, 21st January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Jain and Another v Trent Strategic Health Authority – Times Law Reports

Posted January 22nd, 2009 in care homes, duty of care, law reports by sally

Jain and Another v Trent Strategic Health Authority

House of Lords

“Although there was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home, the procedure by the authority had registration of the nursing home cancelled, appeared to be in breach of the owners’ rights under the European Convention on Human Rights.”

The Times, 22nd January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

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Firm sued for £6.6m road repair – BBC News

Posted January 22nd, 2009 in news, repairs, roads by sally

“An engineering firm is being sued over work done on the A5 in north Wales by the Welsh Assembly Government.”

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BBC News, 22nd January 2009

Source: www.bbc.co.uk

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Complaint after OAP shot by Taser – BBC News

Posted January 22nd, 2009 in complaints, news, police, weapons by sally

“The case of an 89-year-old man, who was shot with a Taser gun by officers, has been referred to a police watchdog.”

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BBC News, 22nd January 2009

Source: www.bbc.co.uk

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‘NatWest Three’ transferred to British prison – The Times

Posted January 22nd, 2009 in news, sentencing, transfer of prisoners by sally

“The ‘NatWest Three’ bankers, who were jailed in the United States for a £3.5 million Enron-related fraud, are now in a British prison serving the remainer of their 37-month sentence.”

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The Times, 21st January 2009

Source: www.timesonline.co.uk

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Kitten row murderer jailed for life – The Independent

Posted January 22nd, 2009 in domestic violence, murder, news, sentencing by sally

“A man who stabbed his partner to death in an argument that stemmed from a disagreement about their kitten was sentenced to life in prison today.”

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The Independent, 21st January 2009

Source: www.independent.co.uk

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The moment grammar school boy left in coma by rival – Daily Telegraph

Posted January 22nd, 2009 in assault, news, sentencing, young offenders by sally

“Jack Blanchard was left in a coma for 10 days and will suffer permanent brain damage after having his head stamped upon by 14-year-old Jordan Akehurst in front of a crowd of at least 12 teenagers in Rainham, Kent, last year.”

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Daily Telegraph, 21st  January 2009

Source: www.telegraph.co.uk

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Police constable ‘smacked’ child – BBC News

Posted January 22nd, 2009 in assault, children, news, police, sentencing by sally

“A policeman described in court as having a Dickensian attitude has been given a suspended jail sentence after he hit a primary school-age child.”

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BBC News, 21st January 2009

Source: www.bbc.co.uk

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Man jailed for shooting at police

Posted January 22nd, 2009 in attempts, firearms, murder, news, sentencing by sally

“A man who shot at three policemen has been jailed for 30 years.”

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BBC News, 21st January 2009

Source: www.bbc.co.uk

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New era of patient rights claimed for NHS – The Times

Posted January 22nd, 2009 in doctors, health, news by sally

“An end to the ‘doctor knows best’ era of medicine was heralded by ministers yesterday as Gordon Brown published a constitution for the NHS.”

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The Times, 22nd January 2009

Source: www.timesonline.co.uk

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