Month: January 2009

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports

Posted January 28th, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06

Court of Justice of the European Communities

“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”

The Times, 28th 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.

Recent Statutory Instruments – OPSI

Posted January 28th, 2009 in legislation by sally

The Pensions Act 2008 (Commencement No. 2) Order 2009

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009

Source: www.opsi.gov.uk

Family Procedure Rule Committee news: November – December 2008 – Ministry of Justice

Posted January 28th, 2009 in family courts, press releases by sally

“The Family Procedure Rule Committee has published details of its work in November and December 2008.”

Full press release

Ministry of Justice, 27th January 2009

Source: www.justice.gov.uk

Responding to human rights judgments – Ministry of Justice

Posted January 28th, 2009 in human rights, news by sally

“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.”

Full response

Ministry of Justice, 27th January 2009

Source: www.justice.gov.uk

Blogger who didn’t delete comment cannot sue over it, says High Court – OUT-LAW.com

Posted January 28th, 2009 in defamation, internet, news by sally

“A man who was criticised in the comments section of his own blog cannot sue for defamation because he did not delete the comment when he discovered it, the High Court has said. The Court said that the man consented to the comment’s publication.”

Full story

OUT-LAW.com, 27th January 2009

Source: www.out-law.com

Virgin Atlantic loses design rights and patent claims over flatbed seats – OUT-LAW.com

Posted January 28th, 2009 in airlines, news, patents by sally

“Airline Virgin Atlantic has lost its claim that a rival airline’s seat infringed its intellectual property rights. Virgin Atlantic’s patent design rights were not infringed by a design produced by Virgin’s seat design contractor for a rival, the High Court said.”

Full story

OUT-LAW.com, 27th January 2009

Source: www.out-law.com

Two men jailed after pub murder – BBC News

Posted January 28th, 2009 in murder, news, sentencing by sally

“A man has been sentenced to life for shooting dead a father-of-two in a pub.”

Full story

BBC News, 27th January 2009

Source: www.bbc.co.uk

Squatters ordered out of Mayfair – BBC news

Posted January 28th, 2009 in adverse possession, news by sally

“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk

Mentally ill victim was failed by CPS – The Independent

Posted January 28th, 2009 in Crown Prosecution Service, mental health, news, prosecutions, victims by sally

“A decision by prosecutors to drop a serious criminal assault case because the victim, who had half an ear bitten off, suffered mental health problems, has been severely criticised by High Court judges.”

Full story

The Independent, 28th January 2009

Source: www.independent.co.uk

Secret Cabinet minutes on Iraq must be made public, tribunal rules – The Times

Posted January 28th, 2009 in freedom of information, Iraq, news, war by sally

“Minutes of Cabinet discussions on the legality of war in Iraq have been ordered to be made public by the Information Tribunal, which today rejected appeals by the head of the civil service to keep them secret.”

Full story

The Times, 27th January 2009

Source: www.timesonline.co.uk

Police forces not meeting standards for monitoring sex offenders – Daily Telegraph

Posted January 28th, 2009 in news, police, sexual offences by sally

“An investigation claimed at least 30 forces were failing to meet guidelines on the minimum number of home visits for sex offenders under their watch.”

Full story

Daily Telegraph, 28th January 2009

Source: www.telegraph.co.uk

Cheltenham director Christine Laird sued for ‘lying about illness’ – The Times

Posted January 28th, 2009 in mental health, misrepresentation, news by sally

“A local authority accused its former managing director of fraudulent behaviour and deceit yesterday, claiming that she withheld her history of depressive illness when applying for the job.”

Full story

The Times, 28th January 2009

Source: www.timesonline.co.uk

Thousands of care homes face £50,00 fine over failure to reach basic standard – The Times

Posted January 28th, 2009 in care homes, news by sally

“One in five residential care homes in England flouts national minimum standards and could face fines of up to £50,000 when a new regulator takes over this year, the industry has been warned.”

Full story

The Times, 28th January 2009

Source: www.timesonline.co.uk

Mother wins drive ban law change – BBC News

Posted January 27th, 2009 in alcohol abuse, dangerous driving, news, sentencing by sally

“A Teesside mother, whose daughter was killed by a drink-driver, has helped win a change in the law on bans served by jailed motorists.”

Full story

BBC News, 27th January 2009

Source: www.bbc.co.uk

Man jailed over footballer raid – BBC News

Posted January 27th, 2009 in handling stolen goods, news, sentencing by sally

“A man has been jailed for two-and-a-half years for handling a haul of goods stolen from the Liverpool midfielder Lucas Leiva.”

Full story

BBC News, 27th January 2009

Source: www.bbc.co.uk

Baby death official is struck off – BBC News

Posted January 27th, 2009 in child abuse, news, professional conduct, social services by sally

“A social worker has been struck off for showing ‘extremely poor judgement’  in dealing with a case in which a 13-month-old boy was later murdered.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

BAILII : Recent Decisions

Posted January 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15 (26 January 2009)

High Court (Administrative Court)

Amber Valley Borough Council v Secretary of State for Communities and Local Government [2009] EWHC 80 (Admin) (23 January 2009)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd. [2009] EWHC 79 (QB) (26 January 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 27th, 2009 in legislation by sally

The Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008

The A65 Trunk Road (From M6 Junction 36 to the Roundabout Junction with the A59) (Detrunking) Order 2008

The Wireless Telegraphy (Vehicle Based Intelligent Transport Systems) (Exemption) Regulations 2009

The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2009

The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008

Source: www.opsi.gov.uk

Clarence House Ltd v National Westminster Bank plc – WLR Daily

Posted January 27th, 2009 in assignment, covenants, law reports, leases by sally

Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22

“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”

WLR Daily, 26th 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.

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th 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.