Drew v Whitbread plc – WLR Daily

Posted February 17th, 2010 in costs, law reports by sally

Drew v Whitbread plc [2010] EWCA Civ 53; [2010] WLR (D) 41

“A party was not precluded from raising a matter before a costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs. Consequently a party could raise with the costs judge the issue that the case should have been a fast track case with costs assessed accordingly. The costs judge was not entitled simply to say that the costs would be assessed as if it were a fast track case but should proceed on the basis that the fact that the case should have been fast track was something to be taken into account when assessing costs.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Three not guilty over Birmingham riot death – BBC News

Posted February 17th, 2010 in appeals, law reports, murder, public order by sally

“Three men accused of murdering a 23-year-old man during riots in Birmingham have been found not guilty.”

Full story

BBC News, 17th February 2010

Source: www.bbc.co.uk

Judge blocks Milford Haven port strike – The Guardian

Posted February 17th, 2010 in industrial action, injunctions, news by sally

“A high court judge has blocked a strike by workers at one of Britain’s busiest ports, as British Airways cabin crew brace themselves for a legal challenge to next week’s strike ballot result.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 17th, 2010 in law reports by sally

Supreme Court

Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (17 February 2010)

Court of Appeal (Civil Division)

Harley & Ors v Smith & Anor [2010] EWCA Civ 78 (17 February 2010)

Actavis UK Ltd v Novartis AG [2010] EWCA Civ 82 (17 February 2010)

Davies & Anor, R (on the application of) v HM Revenue & Customs [2010] EWCA Civ 83 (16 February 2010)

Virdi v The Law Society of England and Wales & Anor [2010] EWCA Civ 100 (16 February 2010)

Smith v Youth Justice Board for England and Wales & Anor [2010] EWCA Civ 99 (16 February 2010)

Bilkus v Stockler Brunton (A Firm) [2010] EWCA Civ 101 (16 February 2010)

Court of Appeal (Criminal Division)

Barry, R v [2010] EWCA Crim 195 (17 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 17th, 2010 in legislation by sally

The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010

The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2010

The Deposits in the Sea (Exemptions) (Amendment) (England and Wales) Order 2010

The School Admissions Code (Appointed Day) (England) Order 2010

The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2010

The Marine and Coastal Access Act 2009 (Commencement No.2 and Transitional Provisions) Order 2010

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2010

The M6 Motorway (Junctions 8 to 10A) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2010

The Education (Chief Inspector of Education and Training in Wales) Order 2010

The British Nationality (Rwanda) Order 2010

The Pitcairn Constitution Order 2010

The Double Taxation Relief and International Tax Enforcement (Libya) Order 2010

The National Insurance Contribution Credits (Transfer of Functions) (Northern Ireland) Order 2010

The Double Taxation Relief and International Tax Enforcement (Qatar) Order 2010

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2010

The Parliamentary Commissioner Order 2010

The Consular Fees Order 2010

The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2010

The Inspectors of Education, Children’s Services and Skills Order 2010

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010

The Health Professions (Hearing Aid Dispensers) Order 2010

The European Communities (Definition of Treaties) (1996 Hague Convention on Protection of Children etc.) Order 2010

The Pharmacy Order 2010

The Travel Concessions (Eligible Services) (Amendment) Order 2010

The Bus Service Operators Grant (Wales) (Amendment) Regulations 2010

The Learner Travel Information (Wales) (Amendment) Regulations 2010 

Source: www.opsi.gov.uk

Entrepreneur faces £30m tax demand after residency ruling leaves thousands exposed – The Times

Posted February 17th, 2010 in domicile, income tax, news by sally

“The Court of Appeal ruled that Robert Gaines-Cooper was liable to pay UK tax despite spending less than 91 days a year in the country because England had remained ‘the centre of gravity of his life and interests’.”

Full story

The Times, 17th February 2010

Source: www.timesonline.co.uk

Allison v HM Advocate – Times Law Reports

Posted February 17th, 2010 in criminal records, disclosure, law reports, Scotland, witnesses by sally

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – Times Law Reports

Posted February 17th, 2010 in law reports by sally

Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs

Court of Appeal

“It was for the court to determine whether a government claim of serious damage to national security required parts of the reasons in its judgment should be left out.”

The Times, 16th February 2010

Source: www.timesonline.co.uk

Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports

Posted February 17th, 2010 in law reports, remuneration, trade unions, transfer of undertakings by sally

Alemo-Herron and Others v Parkwood Leisure Ltd

Court of Appeal

“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”

The Times, 15th February 2010

Source: www.timesonline.co.uk

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same – Times Law Reports

Posted February 17th, 2010 in law reports by sally

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same

Court of Appeal

“The Home Secretary would have to show very serious reasons to justify the removal, on the basis of a criminal conviction, of a settled migrant who had spent the major part of his/her childhood in the United Kingdom, if it would interfere with the Convention right to respect for his/her private and family life.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Statutory guidance will tell companies how to prevent bribery – OUT-LAW.com

Posted February 17th, 2010 in bills, bribery, news by sally

“A Government minister will have to publish guidance for companies on a new bribery offence that had been criticised for not being clear enough. The Bribery Bill would make it an offence for a company to fail to prevent bribery.”

Full story

OUT-LAW.com, 16th February 2010

Source: www.out-law.com

Yarl’s Wood children face ‘extreme distress’, report reveals – The Guardian

Posted February 17th, 2010 in children, detention, immigration by sally

“Children held at an immigration detention centre face ‘extremely distressing’ arrest and transportation procedures, and are subjected to prolonged and sometimes repeated periods of detention, according to a damning report by the Children’s Commissioner.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Companies could be forced to publicise corporate manslaughter conviction – Ministry of Justice

Posted February 17th, 2010 in corporate manslaughter, Ministry of Justice, press releases by sally

“Companies convicted of corporate manslaughter could be forced to take out adverts publicising their conviction as a result of new measures which come into effect today.”

Full story

Ministry of Justice, 16th February 2010

Source: www.justice.gov.uk

Murder arrest over Ray Gosling’s BBC confession – BBC News

Posted February 17th, 2010 in euthanasia, news by sally

“TV presenter Ray Gosling has been arrested on suspicion of murder by Nottinghamshire Police after he admitted killing his lover.”

Full story

BBC News, 17th February 2010

Source: www.bbc.co.uk

High-profile barrister ‘tried to double his legal fees by wrongly claiming work’ – Daily Telegraph

Posted February 17th, 2010 in barristers, fees, news, professional conduct by sally

“One of the country’s highest paid civil barristers, Jeremy Rosenblatt, tried to double his publicly-funded legal fees by ‘wrongly claiming’ for work, a hearing was told.”

Full story

Daily Telegraph, 16th February 2010

Source: www.telegraph.co.uk

Most jurors do not understand judge’s legal advice, says report – The Guardian

Posted February 17th, 2010 in juries, news by sally

“Two out of three jurors do not fully understand the legal directions given to them by judges when they retire to consider their verdicts, according to a report for the Ministry of Justice.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Ground-breaking research finds juries are fair and effective – Ministry of Justice

Posted February 17th, 2010 in juries, Ministry of Justice, press releases by sally

“Juries in England and Wales have been found to be fair, effective and efficient by the most in-depth study into the issue ever undertaken in this country, published today.”

Full story

Ministry of Justice, 17th February 2010

Source: www.justice.gov.uk