Month: February 2010

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st February 2010

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.

R (Savage) v Hillingdon London Borough Council – WLR Daily

Posted February 2nd, 2010 in homelessness, housing, judicial review, law reports, local government by sally

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st February 2010

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.

R v Sheppard; R v Whittle – WLR Daily

Posted February 2nd, 2010 in inciting racial hatred, internet, jurisdiction, law reports, publishing by sally

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st February 2010

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.

JA (Ivory Coast) v Secretary of State for the Home Department – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

JA (Ivory Coast) v Secretary of State for the Home Department

Court of Appeal

“It was necessary to weigh in the balance how far the proportionality of removal of an individual from the jurisdiction was affected by the history of any compassionate grant and renewal for medical treatment of leave to remain.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court

Queen’s Bench Divisional Court

“Service by a local authority of a notice to abate an alleged statutory nuisance did not comprise the institution of summary proceedings.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Megtian Ltd (in Administration) v Commissioners of Revenue and Customs – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Megtian Ltd (in Administration) v Commissioners of Revenue and Customs

Chancery Division

“A person who knew that a transaction in which he participated was connected with fraudulent tax evasion was a participant in that fraud because he had a dishonest state of mind. By contrast, a person who merely ought to have known of the relevant connection was not dishonest, but had a state of mind broadly equivalent to negligence.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Police unit formed to take down websites suspected of breaking terror laws – OUT-LAW.com

Posted February 2nd, 2010 in internet, news, police, terrorism by sally

“A police unit has been created to force the take-down of web pages which break the UK’s terrorism laws. The Government has set up a web page through which the public can tell the police about pages that they think are illegal.”

Full story

OUT-LAW.com, 2nd February 2010

Source: www.out-law.com

MPs attack ‘lax’ Legal Services Commission – Law Society’s Gazette

Posted February 2nd, 2010 in auditors, legal aid, legal services, news by sally

“The Public Accounts Committee has today lambasted the Legal Services Commission for its handling of legal aid funds.”

Full story

Law Society’s Gazette, 2nd February 2010

Source: www.lawgazette.co.uk

Beverley Freemen Act 2010

Posted February 2nd, 2010 in commons, legislation, local government by sally

Beverley Freemen Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

Gangster used Facebook to intimidate enemies from cell – The Independent

Posted February 2nd, 2010 in harassment, internet, news, prisons by sally

“Jack Straw, the Secretary of State for Justice, has announced a crackdown on prisoners using Facebook after it emerged that a gangland kingpin has spent the past two months using the social networking site to intimidate his enemies.”

Full story

The Independent, 31st January 2010

Source: www.independent.co.uk

Cell coma man was ‘failed by police’ IPCC report finds – BBC News

Posted February 2nd, 2010 in detention, drunk and disorderly, negligence, news, police by sally

“A call has been made for a public inquiry to examine the case of a man left with a brain injury after being found in a coma in police custody.”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

Legal aid body ‘costs £125 million a year to run’, says report – The Times

Posted February 2nd, 2010 in news by sally

“The organisation that runs the £2 billion-a-year legal aid scheme comes under fire again today for lax financial controls that led to lawyers being overpaid by £25 million.”

Full story

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Assisted suicide – for and against – BBC News

Posted February 2nd, 2010 in assisted suicide, news by sally

“Calls for a change in the law on assisted suicide in England and Wales have reignited the debate on whether the terminally ill should have the right to be helped to die. But who wants what?”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

Criminal justice measures in force – Ministry of Justice

Posted February 2nd, 2010 in criminal justice, Ministry of Justice, news by sally

“Changes to the law over evidence and bail are among some of the new measures that will, from today, further rebalance the criminal justice system in favour of victims and the law-abiding majority.”

Full story

Ministry of Justice, 1st February 2010

Source: www.justice.gov.uk

Lord Carlile finds ‘no alternative’ to control orders for terrorism suspects – The Guardian

Posted February 2nd, 2010 in control orders, news, reports, terrorism by sally

“Abandoning the controversial system of control orders for terrorism suspects could damage UK security, Lord Carlile, the government’s official counter-terrorism watchdog, concluded today.”

Full story

The Guardian, 1st February 2010

Source: www.guardian.co.uk

Police could be in breach of human rights legislation for using secret footage of hunts, say lawyers – Daily Telegraph

Posted February 2nd, 2010 in evidence, hunting, news, police, privacy by sally

“Police forces that use video surveillance of hunts recorded by animal rights groups could be breaking the law, under new guidance.”

Full story

Daily Telegraph, 2nd February 2010

Source: www.telegraph.co.uk

Baby P doctor faces fresh misconduct claims – The Guardian

Posted February 2nd, 2010 in doctors, news, professional conduct by sally

“The doctor who failed to spot Baby P’s broken back and ribs days before his death was facing fresh allegations of misconduct today.”

Full story

The Guardian, 1st February 2010

Source: www.guardian.co.uk

Battery-recycling law in force – The Independent

Posted February 2nd, 2010 in environmental protection, news, waste by sally

“Shoppers will be able to recycle old batteries in thousands of shops across the country from today as part of a crackdown on the throwaway society.”

Full story

The Independent, 1st February 2010

Source: www.independent.co.uk

British Airways faces renewed legal action – BBC News

Posted February 2nd, 2010 in airlines, contract of employment, news, trade unions by sally

“The union Unite is due to go to the High Court to try to get the changes brought in by British Airways to cabin crew last year overturned.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

English language tests for aspiring barristers as standards decline – Daily Telegraph

Posted February 2nd, 2010 in barristers, education, news by sally

“Students hoping to become barristers will have to prove they are fluent in English before they are accepted into Bar school.”

Full story

Daily Telegraph, 1st February 2010

Source: www.telegraph.co.uk