Fine of £35,000 for Lincolnshire plant in arm crushing – BBC News

Posted February 12th, 2010 in fines, health & safety, news by sally

“A food manufacturing company has been fined £35,000 after an employee’s arm was crushed in machinery at a Lincolnshire plant.”

Full story

BBC News, 11th February 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Gibson & Ors v Sheffield City Council [2010] EWCA Civ 63 (10 February 2010)

Green v Secretary of State for Communities and Local Government & Ors [2010] EWCA Civ 64 (10 February 2010)

Online Catering Ltd v Acton & Anor [2010] EWCA Civ 58 (10 February 2010)

Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66 (10 February 2010)

Bascetta & Anor v Abbey National Plc [2010] EWCA Civ 62 (10 February 2010)

Ghai, R (on the application of) v Newcastle City Council & Ors [2010] EWCA Civ 59 (10 February 2010)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65 (10 February 2010)

Humphreys v Revenue and Customs [2010] EWCA Civ 56 (11 February 2010)

Barber v London Borough of Croydon [2010] EWCA Civ 51 (11 February 2010)

High Court (Chancery Division)

Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch) (10 February 2010)

High Court (Commercial Court)

Venture North Sea Gas Ltd v Nuon Exploration & Production UK Ltd [2010] EWHC 204 (Comm) (10 February 2010)

Royal Bank of Scotland Plc v Highland Financial Partners LP & Anor [2010] EWHC 194 (Comm) (10 February 2010)

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm) (10 February 2010)

Ed&f Man Commodity Advisers Ltd & Anor v Fluxo-Cane Overseas Ltd & Anor [2010] EWHC 212 (Comm) (11 February 2010)

Titan Steel Wheels Ltd v The Royal Bank of Scotland Plc [2010] EWHC 211 (Comm) (11 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 12th, 2010 in legislation by sally

The Pedal Bicycles (Safety) Regulations 2010

The School Finance (England) (Amendment) Regulations 2010

The Immigration and Nationality (Cost Recovery Fees) Regulations 2010

The Poultry Compartments (Fees) (England) Order 2010

The Electoral Administration Act 2006 (Commencement No. 1 and Saving Provision) (Scotland) Order 2010

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010

The National Health Service (Quality Accounts) Regulations 2010

The National Savings Bank (Amendment of Obligation of Secrecy Provisions) Regulations 2010

The Welfare Reform Act 2009 (Commencement No. 2 and Transitory Provision) Order 2010

The Authorised Investment Funds (Tax) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Online Catering Ltd v Acton and another – WLR Daily

Posted February 12th, 2010 in company law, law reports, sale of goods by sally

Online Catering Ltd v Acton and another [2010] EWCA Civ 58; [2010] WLR (D) 35

“The Bills of Sale Acts did not apply to companies. Accordingly, a party would not succeed in establishing that a contract was unenforceable for want of registration under the Acts if the relevant contracting party was a company.”

WLR Daily, 11th 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.

Midgulf International Ltd v Groupe Chimique Tunisien – WLR Daily

Posted February 12th, 2010 in appeals, arbitration, documents, injunctions, law reports by sally

Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66; [2010] WLR (D) 34

“Where the court had found that there was a valid contract governed by English law to conduct arbitration of disputes in England, it would be inappropriate for one party to the contract to seek a foreign court to declare that there was no such agreement and the English Court could restrain that party who had submitted to the jurisdiction of English court from instituting or continuing the action in the foreign court contrary to the arbitration agreement.”

WLR Daily, 11th 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.

Irish Reel Productions Ltd v Capitol Films Ltd – WLR daily

Posted February 12th, 2010 in costs, law reports, winding up by sally

Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch); [2010] WLR (D) 33

“Where a person presented a winding up petition and appeared at the hearing of an administration application the court had jurisdiction to order that the costs of prosecuting the petition were payable as an expense of the administration.”

WLR Daily, 11th 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.

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) – WLR Daily

Posted February 12th, 2010 in appeals, children, guardianship, law reports by sally

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) [2010] WLR (D) 32

“When a court was considering an application for leave to apply to discharge a special guardianship order pursuant to s 14D(5) of the Children Act 1989 it was important to adopt the correct approach to the question whether there had been a ‘change in circumstances’  for the purposes of that provision.”

WLR Daily, 11th 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.

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) – WLR Daily

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31

“As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the parties to the litigation to know the reasons for the court’s decision) had to be rigidly contained. It should be rare for the court to order that any part of the reasoning in its judgment which had lead it to its conclusion should be redacted, and any such order should be made only in extreme cases.”

WLR Daily, 11th 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.

LCJ warns of ‘undoubted danger’ to administration of justice – Law Society’s Gazette

Posted February 12th, 2010 in criminal justice, news by sally

“The lord chief justice has warned that budgetary pressures on the prosecution and the courts are having a ‘very real impact’ on the administration of justice and said there is ‘an undoubted danger’ that the situation could worsen.”

Full story

Law Society’s Gazette, 11th February 2010

Source: www.lawgazette.co.uk

Bar Council chairman talks about plans to combat potentially ‘devastating’ threats – Law Society’s Gazette

Posted February 12th, 2010 in barristers, Crown Prosecution Service, legal profession, news by sally

“Stability and modernisation are the key themes of Nick Green QC’s tenure as the recently installed chairman of the Bar Council. Stability in respect of the publicly funded bar, and modernisation in so far as the bar must urgently adapt to a ‘fast-moving and changing legal landscape’.”

Full story

Law Society’s Gazette, 11th February 2010

Soure: www.lawgazette.co.uk

Criminal law: use of hearsay evidence; professional conduct – Law Society’s Gazette

Posted February 12th, 2010 in bad character, hearsay evidence, news, professional conduct by sally

“The Supreme Court in R v Horncastle [2009] UKSC14 has upheld the decision of the Court of Appeal that, in appropriate circumstances, the Crown may rely wholly or mainly on hearsay evidence to establish its case. The Court of Appeal had, however, emphasised the need to check the reliability of the hearsay evidence in such situations.”

Full story

Law Society’s Gazette, 11th February 2010

Source: www.lawgazette.co.uk

Community, confidence, the magistracy and the right to a fair trial – speech by Nicholas Moss, JP

Posted February 12th, 2010 in speeches by sally

“Community confidence, the magistracy and the right to a fair trial – lecture to University of Hertfordshire, School of Law, St Albans, 9th February 2010.”

Full speech

Judiciary of England and Wales, 12th February 2010

Source: www.judiciary.gov.uk

Equality watchdog faces multiple sexism accusations – The Guardian

Posted February 12th, 2010 in equality, news, race discrimination, sex discrimination, tribunals by sally

“The government’s equalities watchdog, set up to promote human rights and tackle discrimination, has been the ­subject of 15 employment tribunals in which it has been accused of ­sexism, racism and ­discriminating against pregnant women, according to the latest figures.”

Full story

The Guardian, 12th February 2010

Source: www.guardian.co.uk

Hospice volunteer from Birmingham possessed child porn – BBC News

Posted February 12th, 2010 in indecent photographs of children, news, sentencing by sally

“A hospice volunteer in Birmingham has been given a community sentence after he was found with 40,530 pornographic images, many of which were of children.”

Full story

BBC News, 11th February 2010

Source: www.bbc.co.uk

New powers to crack down on lap-dancing clubs – BBC News

Posted February 12th, 2010 in licensing, news, sex establishments by sally

“New powers to control lap-dancing clubs are being given to councils in England and Wales, the Home Office has said.”

Full story

BBC News, 12th February 2010

Source: www.bbc.co.uk

Sex attacker jailed and banned from Tube – The Independent

Posted February 12th, 2010 in news, sentencing, sexual offences, sexual offences prevention orders by sally

“A sex attacker who targeted women on the London Underground in ‘vigorous and frenzied’ assaults was jailed for three years today and banned from the Tube.”

Full story

The Independent, 11th February 2010

Source: www.independent.co.uk

Rooney due to give evidence in £4.3m fight – The Independent

Posted February 12th, 2010 in contracts, news, sport by sally

“Wayne Rooney will give evidence in court later today as he fights a £4.3 million lawsuit. The Manchester United and England striker will be questioned over his involvement with controversial football agent Paul Stretford, who represented the player for six years.”

Full story

The Independent, 12th February 2010

Source: www.independent.co.uk

Church of England General Synod extends pension rights for gay partners – The Guardian

Posted February 12th, 2010 in Church of England, civil partnerships, homosexuality, news, pensions by sally

“The Church of England may not allow its clergy to have their civil ­partnerships blessed in church but it voted tonight to allow the survivors of same-sex ­partnerships the same pension rights as other spouses. The church’s General Synod, meeting in London, voted in favour of what supporters of the move described as ­big-heartedness at odds with the church’s public reputation for homophobia in its wrangles over gay clergy.”

Full story

The Guardian, 11th February 2010

Source: www.guardian.co.uk

Prosthetics expert struck off after giving patient two left feet – The Guardian

Posted February 12th, 2010 in doctors, news, professional conduct by sally

“An expert in prosthetics who gave an elderly patient two left feet by fitting the wrong artificial limb has been struck off after he admitted a series of misconduct allegations. Malcolm Griffiths fitted a left-footed lower limb instead of a new right leg to Patrick Morrison, 76, an amputee from Bathgate in West Lothian, and then failed to spot the mistake during two subsequent check-ups.”

Full story

The Guardian, 11th February 2010

Source: www.guardian.co.uk

Curry killer Lakhvir Kaur Singh sentenced to 23 years in prison – The Times

Posted February 12th, 2010 in news by sally

“A spurned woman who laced a former lover’s curry with a deadly ancient herb was given a life sentence yesterday for his murder. Lakhvir Kaur Singh, 40, a mother-of-three, killed Lakhvinder Cheema when he broke off their 16-year affair and told her he was marrying a younger woman.”

Full story

The Times, 12th February 2010

Source: www.timesonline.co.uk