Homosexual postman wins £2,400 from Royal Mail – Daily Telegraph

Posted June 15th, 2009 in news, sexual orientation discrimination by sally

“A homosexual postman who was called ‘effeminate’, ‘girly’ and ‘bitchy’ by his boss has won £2,400 from the Royal Mail for discrimination over his sexuality.”

Full story

Daily Telegraph, 15th June 2009

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted June 15th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

B(J), R. v [2009] EWCA Crim 1036 (14 May 2009)

Court of Appeal (Civil Division)

Lewis & Anor v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448 (12 June 2009)

High Court (Chancery Division)

Benedetti & Anor v Sawiris & Ors [2009] EWHC 1330 (Ch) (15 June 2009)

High Court (Queen’s Bench Division)

Motto & Ors v Trafigura Ltd & Anor [2009] EWHC 1246 (QB) (18 May 2009)

Pankhurst v White & Anor [2009] EWHC 1117 (QB) (10 June 2009)

High Court (Administrative Court)

Gabriel v Court of First Instance and Instruction No 1 of Cadiz, Spain [2009] EWHC 1282 (Admin) (03 June 2009)

Mehmet, R (on the application of) v Secretary of State for Justice [2009] EWHC 1202 (Admin) (02 June 2009)

High Court (Commercial Court)

Levicom International Holdings BV & Anor v Linklaters (a firm) [2009] EWHC 1334 (Comm) (06 May 2009)

High Court (Patents Court)

Kapur v Comptroller General of Patents [2009] EWHC 1302 (Pat) (14 May 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 15th, 2009 in legislation by sally

The Criminal Defence Service (Provisional Representation Orders) Regulations 2009

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009

The Merchant Shipping (Light Dues) (Amendment) Regulations 2009

The General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2009

The General Teaching Council for Wales (Functions) (Amendment) Regulations 2009

The General Teaching Council for Wales (Constitution) (Amendment) Regulations 2009

The General Teaching Council for Wales (Additional Functions) (Amendment) Order 2009

The Education (Supply of Information) (Wales) Regulations 2009

The Education (Areas to which Pupils and Students Belong) (Amendment) (Wales) Regulations 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 6) 2009

The A5117 Trunk Road (Parkgate Road Roundabout) (De-Trunking) Order 2009

The Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements) Regulations 2009

The Identity Cards Act 2006 (Prescribed Information) Regulations 2009

The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009

The Criminal Justice and Immigration Act 2008 (Violent Offender Orders) (Notification Requirements) Regulations 2009

Source: www.opsi.gov.uk

UK legal industry faces loss of 10,000 lawyers – The Times

Posted June 15th, 2009 in law firms, news by sally

“As many as 10,000 lawyers could be out of work in the UK in the next two years as the legal business faces its worst slump in decades.”

Full story

The Times, 15th June 2009

Source: www.timesonline.co.uk

Farmer jailed for ‘grotesque’ horse cruelty

Posted June 15th, 2009 in animal cruelty, news, sentencing by sally

“A man was jailed for 24 weeks today for the ‘grotesque’ neglect of more than 100 animals on his farm.”

Full story

The Independent, 12th June 2009

Source: www.independent.co.uk

Divorce settlement granted after 22 years – The Times

Posted June 15th, 2009 in divorce, news by sally

“A woman has won £220,000 in a ground-breaking divorce settlement — 22 years after separating from her husband.”

Full story

The Times, 13th June 2009

Source: www.timesonline.co.uk

Britain urged to allow prisoners to vote – The Guardian

Posted June 15th, 2009 in elections, news, prisons by sally

“The UK has come under renewed pressure to grant prisoners the vote in time for the next election or fall foul of European human rights legislation.”

Full story

The Guardian, 12th June 2009

Source: www.guardian.co.uk

Brown announces Iraq war inquiry – but it will be behind closed doors – The Independent

Posted June 15th, 2009 in Iraq, news, private hearings, war by sally

“Gordon Brown will attempt to win over Labour MPs this week by formally announcing an inquiry into the Iraq war. In a move designed to draw a line under the most controversial act of a Labour government, the Prime Minister will announce the investigation into the decision to go to war in 2003 and its protracted and bloody aftermath.”

Full story

The Independent, 14th June 2009

Source: www.independent.co.uk

Injured teacher sues over fallen branch – The Independent

Posted June 15th, 2009 in health & safety, news, personal injuries by sally

“A secondary school teacher is suing the Environment Agency for up to £300,000 after she was left unable to work by a falling branch from a tree, it was disclosed today.”

Full story

The Independent, 15th June 2009

Source: www.independent.co.uk

Councils turning down Blue Badge applicants unlawfully – Daily Telegraph

Posted June 15th, 2009 in disabled persons, news by sally

“Some disabled people are being unlawfully turned down for Blue Badges because councils have interpreted new rules on eligibility too strictly, the Government has admitted.”

Full story

Daily Telegraph, 15th June 2009

Source: www.telegraph.co.uk

Muslim waitress wins nearly £3,000 for hurt feelings over skimpy dress – Daily Telegraph

Posted June 15th, 2009 in compensation, harassment, news by sally

“A Muslim cocktail waitress who quit after refusing to wear a bright red dress for work has won almost £3,000 in compensation for sexual harassment.”

Full story

Daily Telegraph, 15th June 2009

Source: www.telegraph.co.uk

Council loses £1m illness lawsuit – BBC News

Posted June 15th, 2009 in mental health, misrepresentation, negligence, news, recruitment by sally

“A council has lost its High Court case against a former managing director after claiming she withheld a history of depressive illness.”

Full story

BBC News, 15th June 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

DS (India) v Secretary of State for the Home Department [2009] EWCA Civ 544 (12 June 2009)

Court of Appeal (Criminal Division)

G(G) and B(S), R. v [2009] EWCA Crim 1077 (12 June 2009)

Campbell, R. v [2009] EWCA Crim 1076 (12 June 2009)

High Court (Chancery Division)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2009] EWHC 1326 (Ch) (12 June 2009)

JN Dairies Ltd. v Johal Dairies Ltd & Anor [2009] EWHC 1331 (Ch) (12 June 2009)

Campbell & Anor v Banks & Ors [2009] EWHC 1147 (Ch) (12 June 2009)

High Court (Administrative Court)

D (A Child), R (on the application of) v Birmingham City Council [2009] EWHC 1319 (Admin) (12 June 2009)

High Court (Patents Court)

Edwards Lifesciences AG v Cook Biotech Incorporated [2009] EWHC 1304 (Pat) (12 June 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 15th, 2009 in legislation by sally

The Land Registration (Proper Office) Order 2009

The Safety of Sports Grounds (Designation) (No.2) Order 2009

The Football Spectators (Seating) Order 2009

The Human Fertilisation and Embryology (Procedure for Revocation, Variation or Refusal of Licences) Regulations 2009

Source: www.opsi.gov.uk

Secretary of State for Work and Pensions v Yates – WLR Daily

Posted June 15th, 2009 in domicile, inflation, law reports, pensions, widows by sally

Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184

“A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband’s contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he emigrated, was entitled on his death to a higher rate of pension calculated at the same inflation uprating. She was not entitled to have her pension based on the uprating applicable at the time of his death.”

WLR Daily, 12th June 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.

Pickthall Ltd v Hill Dickinson LLP and another – WLR Daily

Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183

“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”

WLR Daily, 12th June 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.

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH – WLR Daily

Posted June 15th, 2009 in EC law, law reports, trade marks by sally

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182

“The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant’s sign was being used by others for an identical or similar product, could constitute bad faith on the applicant’s part rendering the registration amenable to a declaration of invalidity.”

WLR Daily, 12th June 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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 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.

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – WLR Daily

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180

“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”

WLR Daily, 11th June 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.

Ainsworth and Others v Inland Revenue Commissioners – Times Law Reports

Posted June 15th, 2009 in holiday pay, law reports, remuneration, sick leave by sally

Ainsworth and Others v Inland Revenue Commissioners

House of Lords

“Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk