Month: July 2009

Gutridge and others v Sodexo Ltd and another – WLR Daily

Posted July 20th, 2009 in employment, equal pay, law reports, sex discrimination, time limits by sally

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

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.

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) – WLR Daily

Posted July 20th, 2009 in competition, law reports, telecommunications by sally

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) [2009] EWCA Civ 683; [2009] WLR (D) 245

“Where the relevant regulator was considering whether a mobile telecommunications company had ‘significant market power’ under the governing statutory regime the dispute resolution powers of the regulator were properly to be disregarded.”

WLR Daily, 17th July 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.

Regina v Stewart (James) – Times Law Reports

Posted July 20th, 2009 in alcoholism, diminished responsibility, jury directions, law reports by sally

Regina v Stewart (James)

Court of Appeal (Criminal Division)

“Further guidance should be given to juries in murder trials as to the defence of diminished responsibility where the only basis for the alleged abnormality of mind arose from alcohol dependency syndrome without discernible brain damage.”

The Times, 20th July 2009

Source: www.timesonline.co.uk

MoJ launches schools legal education project – The Lawyer

Posted July 20th, 2009 in legal education, news, school children by sally

“School pupils are to be taught how the justice ­system works as part of a national curriculum change unveiled by justice minister Bridget Prentice and ­Attorney General Baroness Scotland QC.”

Full story

The Lawyer, 20th July 2009

Source: www.thelawyer.com

Metropolitan police’s ‘kettling’ tactic challenged in European court – The Guardian

Posted July 20th, 2009 in demonstrations, human rights, news, police by sally

“The Metropolitan police’s controversial tactic of containing large numbers of protesters against their will, known as ‘kettling’, will be challenged in a case lodged tomorrow with the European Court of Human Rights that claims the practice is a fundamental breach of liberty.”

Full story

The Guardian, 19th July 2009

Source: www.guardian.co.uk

Peers line up to block House of Lords reforms – The Independent

Posted July 20th, 2009 in constitutional reform, news, parliament, peerages & dignities by sally

“Plans to turn the House of Lords into an elected chamber could be blocked by overwhelming opposition among peers, research for The Independent has revealed.”

Full story

The Independent, 20th July 2009

Source: www.independent.co.uk

Attorney general survives shake-up unscathed – The Guardian

Posted July 20th, 2009 in attorney general, constitutional reform, news by sally

“Plans to make the role of attorney general independent of government have been ditched by ministers, despite a two-year battle by constitutional reformers. They had wanted the role to be depoliticised, a move aimed at preventing criticism over a number of highly sensitive cases, including the advice given to government over the war in Iraq, and the decision to abandon the inquiry into BAE Systems.”

Full story

The Guardian, 17th July 2009

Source: www.guardian.co.uk

Falsely jailed man gets £60,000 – The Indepedent

Posted July 20th, 2009 in damages, false imprisonment, misfeasance in public office, mistaken identity, news by sally

“A High Court judge has condemned the Home Office’s ‘unforgivable’ treatment of a Dutch national falsely imprisoned for 128 days, supposedly in a case of mistaken identity.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Pakistani students launch legal action over arrests – The Independent

Posted July 20th, 2009 in detention, news, terrorism by sally

“Janas Khan, one of two Pakistani students released from prison yesterday months after terrorism charges against them were dropped, has told The Independent on Sunday he was ‘shocked and angry’ at his treatment by the UK Government. Lawyers acting for the remaining seven Pakistani students still held in prison have also announced they will launch a legal challenge against the Government this week.”

Full story

The Independent, 19th July 2009

Source: www.independent.co.uk

* News * Politics * DNA database DNA database plans based on ‘flawed science’, warn experts – The Guardian

Posted July 20th, 2009 in data protection, DNA, human rights, news by sally

“‘Flawed scientific thinking’ in the government’s proposed changes to the DNA database will leave it open to further challenges by the courts, experts have said, in a stark attack on Home Office plans to overhaul the current system.”

Full story

The Guardian, 19th July 2009

Source: www.guardian.co.uk

Abestos-diseased plumber gets £175,000 compensation – Daily Telegraph

Posted July 20th, 2009 in asbestos, compensation, news by sally

“A former hospital plumber who developed an asbestos-related disease has received £175,000 in compensation.”

Full story

Daily Telegraph, 20th July 2009

Source: www.telegraph.co.uk

Child database: danger of malicious reporting – The Independent

Posted July 20th, 2009 in child abuse, defamation, news by sally

“Members of the public are to be given the power to report anyone they suspect of posing a danger to children, under a new Government scheme.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Complex cases surge – The Times

Posted July 20th, 2009 in fraud, news, statistics by sally

“A surge in the complexity and the number of investment scams pushed the value of UK fraud prosecutions to a record level in the first half of 2009. Seventeen fraudulent investment schemes, amounting to £321 million in all, were prosecuted in UK courts between January and June.”

Full story

The Times, 20th July 2009

Source: www.timesonline.co.uk

Online ‘confessions’ of dishonesty reveal what sways a jury’s verdict – The Guardian

Posted July 20th, 2009 in juries, news by sally

“Academics have set up an online ‘Honesty Lab’ to discover where people draw the line between bending the rules and outright dishonesty. The results will be used to help judges direct juries.”

Full story

The Guardian, 19th July 2009

Source: www.guardian.co.uk

Victory for lawyer in sex bias legal fight – The Independent

Posted July 20th, 2009 in damages, news, sex discrimination by sally

“A City lawyer has won the latest round in her legal battle to secure the biggest pay-out on record for sex discrimination.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Supreme Court Implementation Programme – Ministry of Justice

Posted July 17th, 2009 in press releases, Supreme Court by sally

“Justice Secretary Jack Straw has made a statement about the Supreme Court Implementation Programme: ‘I am pleased to be able to report further significant progress… the programme remains on time and within budget.’ ”

Full press release

Ministry of Justice, 15th July 2009

Source: www.justice.gov.uk

Penalty notice for disorder scheme – guidance on retail theft and criminal damage – Ministry of Justice

Posted July 17th, 2009 in penalties, press releases by sally

“Justice Secretary Jack Straw has made a statement announcing revised operational guidance for police on the issuing of penalty notices for disorder for retail crime and criminal damage.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted July 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hutchison 3G UK Ltd v The Office of Communications [2009] EWCA Civ 683 (16 July 2009)

Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

Court of Appeal (Criminal Division)

CPS (Sussex) v Mattu [2009] EWCA Crim 1483 (17 July 2009)

High Court (Administrative Court)

Manhire, R (on the application of) v The Secretary of State for Justice [2009] EWHC 1788 (Admin) (16 July 2009)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2009] EWHC 1742 (Admin) (16 July 2009)

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

TW, R (on the application of) v Kent County Council [2009] EWHC 1790 (Admin) (17 July 2009)

High Court (Chancery Division)

The National Trust v Fleming & Ors [2009] EWHC 1789 (Ch) (17 July 2009)

High Court (Commercial Court)

Excelsior Group Productions Ltd v Yorkshire Television Ltd [2009] EWHC 1751 (Comm) (16 July 2009)

High Court (Family Division)

W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam) (17 July 2009)

High Court (Queen’s Bench Division)

Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors [2009] EWHC 1765 (QB) (16 July 2009)

NXS v London Borough of Camden [2009] EWHC 1786 (QB) (16 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 17th, 2009 in legislation by sally

The Council Tax Limitation (Maximum Amounts) (England) Order 2009

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2009

The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2009

The Companies Act 2006 (Consequential Amendments) (Uncertificated Securities) Order 2009

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009

The Motorways Traffic (M42 Motorway) (Junctions 10 to 11 Northbound) (Restriction on Use of Offside Lane) Regulations 2009

Source: www.opsi.gov.uk

R v Stewart – WLR Daily

Posted July 17th, 2009 in alcoholism, diminished responsibility, law reports, murder by sally

R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244

“A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, at some levels of severity, what might appear to be voluntary drinking might be inseparable from the defendant’s underlying syndrome.”

WLR Daily, 16th July 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.