Law and order policies: what do Britain’s judges think? – The Times

Posted April 29th, 2010 in news by sally

“It’s election time — so judges must watch out. Even more than usual, they cannot be political. ‘I certainly don’t want to be seen as attacking the Government or any party,’ Judge Charles Harris, QC, insists. That said, he is in a position to voice judicial concerns across a broad apolitical front.”

Full story

The Times, 29th April 2010

Source: www.timesonline.co.uk

Lady Greenfield and Royal Institution settle sex discrimination case – The Guardian

Posted April 29th, 2010 in employment, news, sex discrimination by sally

“Lady Greenfield has dropped a sex discrimination case against the Royal Institution in an undisclosed out-of-court settlement.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 28th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. & Anor [2010] EWCA Civ 390 (28 April 2010)

High Court (Queen’s Bench Division)

Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB) (28 April 2010)

Dee v Telegraph Media Group Ltd. [2010] EWHC 924 (QB) (28 April 2010)

Campbell v PCHA [2010] EWHC 859 (QB) (15 April 2010)

Eastlands Homes Partnership Ltd v Whyte [2010] EWHC 695 (QB) (31 March 2010)

High Court (Chancery Division)

Singla v Hedman & Ors [2010] EWHC 902 (Ch) (28 April 2010)

High Court (Administrative Court)

Kodos (aka Jetmir Olltari) v Prosecutor General’s Office of the Republic of Lithuania [2010] EWHC 897 (Admin) (28 April 2010)

Jones v HM Coroner for the Southern District of Greater London & Anor [2010] EWHC 931 (Admin) (28 April 2010)

High Court (Commercial Court)

Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd [2010] EWHC 903 (Comm) (28 April 2010)

Source: www.bailii.org

Bar Council Chairman Calls for Bar’s Voice to be Heard on Cuts – The Bar Council

Posted April 28th, 2010 in barristers, fees, news by sally

“The Chairman of the Bar Council, which represents barristers in England and Wales, has reacted angrily to the deep cuts to publicly funded criminal barristers’ fees, which come into force today. From today, barristers’ fixed fees for criminal defence will be cut by a total of 13.5% over the next 3 years starting with an immediate cut of 4.5%. These cuts are contained in legislation rushed through Parliament by the Ministry of Justice the day after the Easter break, the same day the election was announced.”

Full story

The Bar Council, 27th April 2010

Source: www.barcouncil.org.uk

Regina v Upper Bay Ltd – Times Law Reports

Posted April 28th, 2010 in law reports by sally

Regina v Upper Bay Ltd

Court of Appeal (Criminal Division)

“A parent’s duty to supervise his child and an employer’s duty to conduct its undertaking so that users were not exposed to health or safety risks were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

The Times, 28th April 2010

Source: www.timesonline.co.uk

Irish Reel Productions Ltd v Capitol Films Ltd – Times Law Reports

Posted April 28th, 2010 in law reports by sally

Irish Reel Productions Ltd v Capitol Films Ltd

Chancery Division

“The court had jurisdiction to order that the costs of winding-up proceedings were payable by administrators.”

The Times, 28th April 2010

Source:www.timesonline.co.uk

Regina v Richards – Times Law Reports

Posted April 28th, 2010 in law reports, non-molestation orders by sally

Regina v Richards

Court of Appeal (Criminal Division)

“In respect of a charge of breach of a non-molestation order, the burden of proof was on the prosecution to show that the defendant, in acting as he did, acted without reasonable excuse.”

The Times, 28th April 2010

Source: www.timesonline.co.uk

FSA set to fine two banks for mishandling customer complaints – Daily Telegraph

Posted April 28th, 2010 in banking, complaints, financial regulation, fines, news by sally

“Two banks face a financial penalty for poor complaints handling after the Financial Services Authority (FSA) identified weaknesses in how they handled customer problems.”

Full story

Daily Telegraph, 28th April 2010

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted April 27th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

AY, R. v [2010] EWCA Crim 762 (27 April 2010)

Court of Appeal (Civil Division)

Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453 (27 April 2010)

Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 (27 April 2010)

High Court (Administrative Court)

Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin) (26 April 2010)

High Court (Technology and Construction Court)

Croft House Care Ltd & Ors v Durham County Council [2010] EWHC 909 (TCC) (27 April 2010)

Source: www.bailii.org

Female Birmingham council workers win ‘£600m pay claim’ – BBC News

Posted April 27th, 2010 in employment tribunals, equal pay, local government, news by sally

“Hundreds of female council employees who took their claims for equal pay to an employment tribunal have won their case.”

Full story

BBC News, 27th April 2010

Source: www.bbc.co.uk

The Sun pays out to doctor over front-page terror slur – The Guardian

Posted April 27th, 2010 in compensation, defamation, news, terrorism by sally

“A doctor accepted ‘substantial’ libel damages at the high court today over false allegations in the Sun linking him to terrorism.”

Full story

The Guardian, 27th April 2010

Source: www.guardian.co.uk

England fan loses Portugal extradition court fight – BBC News

Posted April 27th, 2010 in extradition, news, trials by sally

“An England football fan has lost his fight to avoid being extradited to serve a jail term for his involvement in a riot during Euro 2004.”

Full story

BBC News, 27th April 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted April 27th, 2010 in legislation by sally

The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2010

The Fish Labelling (Wales) Regulations 2010

The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010

The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010

The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010

The National Assembly for Wales (Legislative Competence) (Education) Order 2010

The National Assembly for Wales (Legislative Competence) (Transport) Order 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted April 27th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hughes v Borodex Ltd. [2010] EWCA Civ 425 (27 April 2010)

Campbell & Anor v William Banks & Ors [2010] EWCA Civ 452 (26 April 2010)

High Court (Queen’s Bench Division)

University of London v Tariquez Zaman [2010] EWHC 908 (QB) (27 April 2010)

Bowman v MGN Ltd [2010] EWHC 895 (QB) (26 April 2010)

High Court (Technology and Construction Court)

Pilon Ltd v Breyer Group Plc [2010] EWHC 837 (TCC) (23 April 2010)

Source: www.bailii.org

Bar Council launches ‘ProcureCo’ model as Bar looks to evolve business structures – The Bar Council

Posted April 27th, 2010 in barristers, legal services, news by sally

“The Bar Council of England and Wales, has launched a model for new business structures for the Bar, dubbed ‘ProcureCo’. This follows historic rule changes made by the Bar’s independent regulatory arm, the Bar Standards Board (BSB), which gave barristers the ability to provide their services in different ways and to structure themselves in ways which had previously been prohibited.”

Full story

The Bar Council, 26th April 2010

Source: www.barcouncil.org.uk

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others – WLR Daily

Posted April 27th, 2010 in copyright, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others [2010] EWHC 841 (Ch); [2010] WLR (D) 104

“The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not confined to selection or arrangement performed after the data in a database was finally created.”

WLR Daily, 26th April 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.

Link Lending Ltd v Hussain and another – WLR Daily

Posted April 27th, 2010 in appeals, land registration, law reports, loans, mental health, repossession by sally

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

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

Regina (Shoesmith) v Ofsted and others – WLR Daily

Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102

“The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. When making directions pursuant to s 497A of the Education Act 1996 (as inserted by s 8 of the School Standard and Framework Act 1998) to remove an office holder, the Secretary of State could, in certain circumstances, put the wider interests of child safeguarding above the interest of an individual office holder to be treated fairly. That should not mean that the individual concerned should be deprived of her reputation or other contractual or statutory rights. An individual removed from office pursuant to s 497A who had standing to bring a claim against the employer authority in the employment tribunal should bring that claim first and pursue a claim for judical review against her employer only as a last resort.”

WLR Daily, 26th April 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.

Winterflood Securities Ltd and others v Financial Services Authority – WLR Daily

Posted April 27th, 2010 in appeals, financial regulation, law reports by sally

Winterflood Securities Ltd and others v Financial Services Authority [2010] EWCA Civ 423; [2010] WLR (D) 101

“The definition of market abuse in s 118 of the Financial Services and Markets Act 2000 did not require the person engaging in the behaviour in question to have intended to abuse the market and accordingly it was not essential for such an intention or purposes to be present for behaviour to fall below the objective standards expected. Moreover, the regulatory regime introduced by the Act and its Code of Conduct did not offend against the principle of legal certainty, once it was appreciated that the provisions of the Code, other than those falling within s 122(1) of the Act, were intended to have no more than evidential effect.”

WLR Daily, 26th April 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.

Blair Peach killed by police at 1979 protest, Met report finds – The Guardian

Posted April 27th, 2010 in demonstrations, news, police, reports by sally

“The anti-fascist protester Blair Peach was almost certainly killed by police at a demonstration in 1979, according to a secret report released today.”

Full story

The Guardian, 27th April 2010

Source: www.guardian.co.uk