Speeding motorcyclist jailed after policeman uses Google to expose lies – Daily Telegraph

Posted July 1st, 2009 in internet, news, police, road traffic offences by sally

“A speeding motorcyclist has been jailed after a traffic policeman used Google to expose his false claims that an American woman had been riding his bike at the time.”

Full story

Daily Telegraph, 1st July 2009

Source: www.telegraph.co.uk

NHS faces huge claim for damages – BBC News

Posted July 1st, 2009 in assault, class actions, hospitals, medical treatment, mental health, news by sally

“Lawyers are preparing a multi-million pound damages claim against the NHS for adults with learning difficulties who were abused while in care in Cornwall.”

Full story

BBC News, 1st July 2009

Source: www.bbc.co.uk

Treasury faces legal action over ‘dirty’ banking investments – The Guardian

Posted July 1st, 2009 in banking, environmental protection, nationalisation, news by sally

“Campaign groups say bank bailout breaches government’s own policies on reducing carbon emissions by lending money to coal, oil and gas companies.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Football is ‘vulnerable’ to money laundering, but no names named – The Guardian

Posted July 1st, 2009 in money laundering, news, sport, tax evasion by sally

“Today’s report by the Financial Action Task Force raises the spectre, in calm, plain language, that football is vulnerable to criminals, who might take over beloved local clubs or use the transfer system to launder dirty money or evade tax.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Early process evaluation of the Public Law Outline in family courts – Ministry of Justice

Posted July 1st, 2009 in family courts, press releases by sally

“A report presenting an early stage process evaluation of the Public Law Outline in family courts.”

Full press release

Ministry of Justice, 1st July 2009

Source: www.justice.gov.uk

Regina v James (Daniel) – Times Law Reports

Posted July 1st, 2009 in armed forces, law reports, official secrets act, spying by sally

Regina v James (Daniel)

Court of Appeal

“A member of the Armed Forces, however junior, serving abroad in a theatre of military operations, who chose to disclose information which might be of use to an enemy of the United Kingdom, or prejudicial to the interest and safety of his colleagues serving in a war zone, must expect a lengthy sentence for deterrence and punishment, even if the information disclosed was not proved to have caused any actual damage.”

The Times, 1st July 2009

Source: www.timesonline.co.uk

Regina v Clarke (Joseph) – Times Law Reports

Posted July 1st, 2009 in conditional discharge, confiscation, news, sentencing by sally

Regina v Clarke (Joseph)

Court of Appeal

“Where a defendant had been sentenced to an absolute or conditional discharge, the crown court had no power to impose a confiscation order.”

The Times, 1st July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 1st, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Ministry of Defence v Radclyffe [2009] EWCA Civ 635 (30 June 2009)

Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)

High Court (Commercial Court)

Noble Resources SA & Anor v Gross [2009] EWHC 1435 (Comm) (19 June 2009)

Jivraj v Hashwani [2009] EWHC 1364 (Comm) (26 June 2009)

Cooper Tire & Rubber Company Europe Ltd. & Ors v Shell Chemicals UK Ltd. & Ors [2009] EWHC 1529 (Comm) (01 July 2009)

Seadrill Management Services Ltd & Anor v OAO Gazprom [2009] EWHC 1530 (Comm) (01 July 2009)

Source: www.bailii.org

SmithKline Beecham plc and others v Avery and others – WLR Daily

Posted July 1st, 2009 in harassment, injunctions, law reports by sally

SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218

“The word ‘person’  in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its employees and others.”

WLR Daily, 30th 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.

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another – WLR Daily

Posted July 1st, 2009 in contracting out, law reports, transfer of undertakings by sally

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another UKEAT/286/08; [2009] WLR (D) 217

“The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ‘service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee, by including in the definition of a transfer of an undertaking situations falling within reg 3(1)(b), outsourcing, in-sourcing and a change in the provision of services between contractors. The introduction of reg 3(1)(b) enabled a transfer to be established in any of the three situations if the activities previously carried out by client or contractor had ceased to be so carried out were instead carried out by the contractor or a new contractor or by the client.”

WLR Daily, 30th June 2009

Soource: 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.

Hartlepool Borough Council v Llewellyn – WLR Daily

Posted July 1st, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”

WLR Daily, 30th 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.

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 1st, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 215

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct for the offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 30th 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.

Progress Property Co Ltd v Moore and another – WLR Daily

Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214

“The sale of a company’s assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the person arranging the sale honestly believed the transaction to be other than a gratuitous distribution of the company’s assets to shareholder, even though that person was the director of the selling and buying companies.”

WLR Daily, 29th 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.

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily

Posted July 1st, 2009 in asylum, dangerous offenders, law reports, regulations, ultra vires by sally

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213

“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”

WLR Daily, 29th 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.

Recent Statutory Instruments – OPSI

Posted July 1st, 2009 in legislation by sally

The Mid Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 2009

The Pension Protection Fund (Entry Rules) (Amendment) Regulations 2009

The Childcare (Provision of Information About Young Children) (England) Regulations 2009

The School Organisation and Governance (Amendment) (England) Regulations 2009

The Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2009

The Education (Assisted Places) (Amendment) (England) Regulations 2009

The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

The Education (School Inspection) (England) (Amendment) Regulations 2009

The Social Security (Students and Miscellaneous Amendments) Regulations 2009

The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) (Amendment) Order 2009

The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) (Amendment) Order 2009

Source: www.opsi.gov.uk

Youth Crime Action Plan – responses to consultation – Ministry of Justice

Posted July 1st, 2009 in crime, press releases, young offenders by sally

“The government has published a summary of the responses to its consultation on the Youth Crime Action Plan issued on 16 July 2008.”

Full press release

Ministry of Justice, 25th June 2009

Source: www.justice.gov.uk

Seatbelt dodgers face tougher penalties – Home Office

Posted July 1st, 2009 in fines, press releases, road safety by sally

“Motorists caught without a seatbelt will now face on-the-spot fines of £60.”

Full press release

Home Office, 29th June 2009

Source: www.homeoffice.gov.uk

Companies will have to justify different treatment of old people, Government says – OUT-LAW.com

Posted July 1st, 2009 in age discrimination, news by sally

“Financial services and insurance companies will have to justify any unfavourable treatment of older people while car hire companies will not be allowed to refuse to serve old people under new proposals drawn up by the Government.”

Full story

OUT-LAW.com, 1st July 2009

Source: www.out-law.com

Retail investment reforms are a call to action for the industry, says FSA – OUT-LAW.com

Posted July 1st, 2009 in consumer protection, financial advice, news by sally

“The Financial Services Authority’s proposed new rules for the retail investment industry will impose a complete ban on commission-based sales and require firms to tell customers from the outset whether or not their advice is independent and how much it will cost.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

MPs’ second jobs to be disclosed – BBC News

Posted July 1st, 2009 in news, parliament, remuneration by sally

“New rules have come into force requiring MPs to disclose all income they receive from second jobs and how much time they devote to them.”

Full story

BBC News, 1st July 2009

Source: www.bbc.co.uk