Coal miners pursue law firms over ‘undersettled’ compensation – Law Society’s Gazette

Posted July 30th, 2010 in class actions, compensation, law firms, miners, news by sally

“The first known court actions against law firms for alleged undersettlement of sick coal miners’ government compensation claims will begin preliminary hearings in mid-August, the Gazette has learned. A number of defendant firms have already settled out of court.”

Full story

Law Society’s Gazette, 29th July 2010

Source: www.lawgazette.co.uk

Police cleared over CS spray use in Brentwood – BBC News

Posted July 30th, 2010 in complaints, inquiries, news, police by sally

“An inquiry into Essex police officers who arrested a man using CS spray has concluded the arrest was lawful.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Cheshire businessman cleared of murder for third time – BBC News

Posted July 30th, 2010 in murder, news by sally

“A businessman accused of killing a man at his Cheshire mansion has had murder charges against him dropped – the third time he has been cleared of murder.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Ex-Labour MPs and Tory peer lose expenses appeals – BBC News

Posted July 30th, 2010 in appeals, expenses, false accounting, fraud, news, parliamentary privilege by sally

“Three former Labour MPs and an ex-Tory peer facing expenses fraud allegations have lost appeals over a ruling that they are not protected by parliamentary privilege from prosecution.”

Full story

BBC News, 30th July 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 30th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Midcounties Co-Operative Ltd, R (on the application of) v Tesco Stores Ltd & Ors [2010] EWCA Civ 841 (29 July 2010)

Tchenguiz & Ors v Imerman [2010] EWCA Civ 908 (29 July 2010)

Aylott v Stockton- On- Tees Borough Council [2010] EWCA Civ 910 (29 July 2010)

GR & Ors (Children), Re [2010] EWCA Civ 871 (29 July 2010)

W (Algeria) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 898 (29 July 2010)

City & General (Holborn) Ltd v Royal & Sun Alliance Plc [2010] EWCA Civ 911 (29 July 2010)

John- Charles v Weir & Anor [2010] EWCA Civ 872 (29 July 2010)

Harvey v Plymouth City Council (Rev 1) [2010] EWCA Civ 860 (29 July 2010)

New Star Asset Management Holdings Ltd v Evershed [2010] EWCA Civ 870 (29 July 2010)

Barratt Developments Plc v The City of Wakefield Metropolitan District Council & Anor [2010] EWCA Civ 897 (29 July 2010)

Serious Organised Crime Agency v Perry & Ors [2010] EWCA Civ 907 (29 July 2010)

Batista v Secretary of State for the Home Dept [2010] EWCA Civ 896 (29 July 2010)

Court of Appeal (Criminal Division)

Patel & Ors v R. [2010] EWCA Crim 1858 (29 July 2010)

High Court (Chancery Division)

Conex Banninger Ltd v The European Commission [2010] EWHC 1978 (Ch) (29 July 2010)

Hay v Szterbin & Ors [2010] EWHC 1967 (Ch) (29 July 2010)

High Court (Commercial Court)

Axa Corporate Solutions SA v National Westminster Bank Plc [2010] EWHC 1915 (Comm) (29 July 2010)

High Court (Family Division)

RT v LT & Anor [2010] EWHC 1910 (Fam) (27 July 2010)

Butt v Butt [2010] EWHC 1989 (Fam) (27 July 2010)

High Court (Queen’s Bench Division)

Khan, Re Setting the Applicant’s Minimum Term [2010] EWHC 1880 (QB) (28 July 2010)

Green, Re Setting the Applicant’s Minimum Term [2010] EWHC 1881 (QB) (28 July 2010)

HA & Anor v Secretary of State for the Home Department [2010] EWHC 1940 (QB) (28 July 2010)

Crookshank, Re Setting the Applicant’s Minimum Term [2010] EWHC 1879 (QB) (28 July 2010)

Homawoo v GMF Assurance SA & Ors [2010] EWHC 1941 (QB) (27 July 2010)

High Court (Technology and Construction Court)

PGF II SA & Anor v Royal & Sun Alliance Insurance Plc & Anor [2010] EWHC 1981 (TCC) (29 July 2010)

Source: www.bailii.org

Mageean v Secretary of State for Communities and Local Government and others – WLR Daily

Posted July 30th, 2010 in environmental protection, law reports, planning by sally

Mageean v Secretary of State for Communities and Local Government and others [2010] WLR (D) 209

 “The validity of a screening direction made by the Secretary of State under reg 6 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 is not limited to two years but a planning inspector should refer the matter back to the Secretary of State where there has been a change of circumstance which could affect the decision.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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

Regina v Dunn – WLR daily

Posted July 30th, 2010 in appeals, law reports, Supreme Court, trials by sally

Regina v Dunn [2010] EWCA Crim 1823; [2010] WLR (D) 207

“The fact that an appeal from the Court of Appeal, Criminal Division only lay to the Supreme Court if the Court of Appeal certified that a point of law of general public importance was involved in its decision did not amount to a denial of the essence of an appellant’s right of access to the Supreme Court and was not incompatible with articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted July 30th, 2010 in age discrimination, appeals, law firms, law reports, retirement, solicitors by sally

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206

 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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

Secretary of State for the Home Department v AF (No 4); Same v AN; Same v AE – WLR Daily

Posted July 30th, 2010 in appeals, control orders, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF (No 4);  Same v AN; Same v AE [2010] EWCA Civ 869; [2010] WLR (D) 205

“Control orders which the Secretary of State for the Home Department revoked rather than disclose the evidence on which they were made should have been quashed with effect from the dates they were made, because they were made in violation of the right to a fair trial under art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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

Recent Statutory Instruments – OPSI

Posted July 30th, 2010 in legislation by sally

The Local Land Charges (Amendment) Rules 2010

The Welfare Reform Act 2007 (Commencement No. 12) Order 2010

The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (Revocation) Regulations 2010

The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

The Family Proceedings Fees (Amendment) Order 2010

The Magistrates’ Courts Fees (Amendment No. 2) Order 2010

The Criminal Procedure (Amendment) Rules 2010

Source: www.opsi.gov.uk

Scrapped retirement age will live on in private sector, says expert – OUT-LAW.com

Posted July 30th, 2010 in age discrimination, employment, news, retirement by sally

“The Government will scrap the law allowing organisations to force workers to retire at 65 but companies will find it easier than ever to run their own compulsory retirement schemes in the wake of a Court of Appeal ruling yesterday, an expert has said.”

Full story

OUT-LAW.com, 29th July 2010

Source: www.out-law.com

Garry Newlove killer’s appeal dismissed – BBC News

Posted July 30th, 2010 in appeals, murder, news, young offenders by sally

“A teenager who kicked to death a father-of-three outside his Warrington home has lost a bid to challenge his conviction.”

Full story

BBC News, 26th July 2010

Source: www.bbc.co.uk

Three Preston men jailed for brutal killing of father – BBC News

Posted July 30th, 2010 in murder, news, sentencing by sally

“Three men who befriended another man in a Lancashire pub, before later turning on him and beating him to death, have been jailed for life.”

Full story

BBC News, 27th July 2010

Source: www.bbc.co.uk

Overhauling the Licensing Act – Home Office

Posted July 30th, 2010 in consultations, legislation, licensing, press releases by sally

“Proposals for tough new measures to crack down on problem premises and give more powers for local communities were unveiled by the government today.”

Full press release

Home Office, 28th July 2010

Source: www.homeoffice.gov.uk

CPS launches consultation on human trafficking public policy – Crown Prosecution Service

“The Crown Prosecution Service (CPS) today began a public consultation on its Public Policy Statement on Human Trafficking.”

Full press release

Crown Prosecution Service, 29th July 2010

Source: www.cps.gov.uk

Three found guilty over sham marriage scam – UK Border Agency

Posted July 30th, 2010 in conspiracy, fraud, immigration, marriage, press releases by sally

“Three men, including a vicar, have today been found guilty of being behind a massive scam to organise hundreds of sham marriages in East Sussex.”

Full press release

UK Border Agency, 29th July 2010

Source: www.ukba.homeoffice.gov.uk

Passport fraudster jailed – UK Border Agency

Posted July 30th, 2010 in identity fraud, immigration, passports, press releases by sally

“A fraudster who used a fake passport to get a job has been jailed, following an investigation by our officers.”

Full press release

UK Border Agency, 28th July 2010

Source: www.ukba.homeoffice.gov.uk

Boys’ attempted rape conviction appeals rejected – BBC News

Posted July 30th, 2010 in appeals, attempts, children, news, rape, young offenders by sally

“Two boys who were found guilty of the attempted rape of an eight-year-old girl in west London have lost their appeals against their convictions.”

Full story

BBC news, 27th July 2010

Source: www.bbc.co.uk

‘Mocking’ killers of three-year-old boy jailed for life – BBC News

Posted July 30th, 2010 in child cruelty, murder, news, sentencing by sally

“A couple who murdered a three-year-old boy in their care, inflicting more than 70 injuries on him, have been jailed for life.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk