Wine firm’s high court bid fails – BBC News
“A Hampshire winemaker has failed in a High Court claim that the Food Standards Agency was ‘heavy-handed’ in banning its new low-alcohol ‘wine’.”
BBC News, 2nd March 2009
Source: www.bbc.co.uk
Day: 3 March 2009
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Peters v East Midlands Strategic Health Authority & Anor [2009] EWCA Civ 145 (03 March 2009)
High Court (Chancery Division)
Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch) (02 March 2009)
Source: www.bailii.org
Sentence for woman dog strangler – BBC News
“A woman with a history of mental illness has been given a six-month conditional discharge after admitting strangling two dogs.”
BBC News, 2nd March 2009
Source: www.bbc.co.uk
Recent Statutory Instruments – OPSI
Waterman and another v Boyle and another – WLR Daily
Waterman and another v Boyle and another [2009] EWCA Civ 115; [2009] WLR (D) 76
“Where there was an express right to park attaching to a property it was most unlikely that a further right to park would arise by implication.”
WLR Daily, 2nd March 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.
Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) – WLR Daily
“A ‘notice of an amount of the debt’ within the meaning of s4(5) of the Late Payment of Commercial Debt (Interest) Act 1998 did not have to be correct before the court could award interest for late payment of an invoice.”
WLR Daily, 2nd March 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.
Serious Organised Crime Agency v Szepietowski and others – WLR Daily
Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74
“The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”
WLR Daily, 2nd March 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.
In re B (Minors) (Contact Order: Enforcement) – WLR Daily
In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73
“A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”
WLR Daily, 2nd March 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.
Office of Fair Trading v Abbey National plc and Others – Times Law Reports
Office of Fair Trading v Abbey National plc and Others
Court of Appeal
“The Office of Fair Trading was entitled to assess the fairness of charges levied on customers by banks because the terms in standard form contracts between banks and their customers concerning specific charges when customers were overdrawn were not part of the core bargain between the customer and the bank.”
The Times, 3rd March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Companies must pay up undisputed amounts to avoid punitive interest, says Court of Appeal – OUT-LAW.com
“Companies that withhold all payment for goods or services in order to strengthen their hand in negotiations over disputed amounts will have to pay punitive interest on that money, the Court of Appeal has said.”
OUT-LAW.com, 2nd March 2009
Source: www.out-law.com
UK opposes copyright exemptions for mash-ups – OUT-LAW.com
“There should be no new exemption from copyright law for users’ adaptations of copyright-protected content, the UK Government has said. To create such an exemption for user-generated content would ignore the rights of content creators, it said.”
OUT-LAW.com, 2nd March 2009
Source: www.out-law.com
OFT can assess bank charges for fairness, rules Court of Appeal – OUT-LAW.com
“The Office of Fair Trading (OFT) can assess the fairness of bank charges for unauthorised overdrafts, the Court of Appeal ruled yesterday. Seven banks and one building society have vowed to appeal the ruling to the House of Lords.”
OUT-LAW.com, 27th February 2009
Source: www.out-law.com
Ban for 12-pints speeding driver – BBC News
“A court has heard how a man crashed into a lamp post while driving at 80mph in a 30mph zone after drinking 12 pints and rowing with his girlfriend.”
BBC News, 2nd March 2009
Source: www.bbc.co.uk
Director fined after work death – BBC News
“A company director has been fined more than £7,000 at Nottingham Crown Court for health and safety breaches after an apprentice died at his workshop.”
BBC News, 2nd March 2009
Source: www.bbc.co.uk
MPs vote to change law to keep home addresses secret – Daily Telegraph
“The move came after a court ordered Parliament to disclose details of properties on which MPs claim expenses. The House of Commons on Monday backed an amendment to the Political Parties and Elections Bill, which effectively excludes MPs’ addresses from the Freedom of Information Act.”
Daily Telegraph, 3rd March 2009
Source: www.telegraph.co.uk
Straw urged to exempt medical records from data sharing – The Guardian
“The medical professions are to press the justice secretary, Jack Straw, today to exempt personal medical records from the widespread data-sharing powers in his coroners and justice bill.”
The Guardian, 3rd March 2009
Source: www.guardian.co.uk
Foster parents not warned of teen sex offender who raped their son – The Times
“Social workers failed to warn foster parents about sexual offences committed by a teenager placed in their care who went on to rape their two-year-old son and abuse their nine-year-old daughter.”
The Times, 3rd March 2009
Source: www.timesonline.co.uk
