Fixed share partners are not employees, EAT rules – The Lawyer

Posted November 26th, 2010 in employment, law firms, national insurance, news, partnerships by sally

“An attempt to have fixed share partners legally defined as employees has failed at the Employment Appeal Tribunal.”

Full story

The Lawyer, 26th November 2010

Source: www.thelawyer.com

Jail for man who knifed friend in ‘initiation ceremony’ – The Guardian

Posted November 26th, 2010 in homicide, news, offensive weapons, sentencing by sally

“A weapons collector who killed his friend by knifing him in the heart while they were testing out an armoured vest has been jailed for two-and-a-half years.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Man jailed for shooting two brothers in Croydon – BBC News

Posted November 26th, 2010 in attempted murder, attempts, murder, news, sentencing by sally

“A man has been jailed for at least 37 years for shooting two brothers in the head, killing one of them, after being thrown out of a south London pub.”

Full story

BBC News, 26th November 2010

Source: www.bbc.co.uk

PCC makes formal apology for Buscombe’s phone-hacking remarks – The Guardian

Posted November 26th, 2010 in defamation, interception, media, news by sally

“The Press Complaints Commission, which oversees the newspaper industry’s editorial code, today found itself in the embarrassing position of formally apologising and paying damages for misleading remarks made by its chairman, Lady Buscombe.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

The Spectator apologises for falsely accusing Muslim of antisemitism – The Guardian

Posted November 26th, 2010 in compensation, defamation, news by sally

“Apology follows settlement in which magazine and contributor Melanie Phillips agreed to pay Mohammad Sawalha compensation and his legal costs.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Serial rapist from Hengoed jailed indefinitely – BBC News

Posted November 26th, 2010 in news, rape, sentencing by sally

“A serial rapist who used his minimum experience as a soldier to seduce women has been jailed indefinitely.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

Pair jailed for Cardiff fatal quad bike burglary – BBC News

Posted November 26th, 2010 in burglary, news, sentencing by sally

“Two burglars have been jailed for three years at Cardiff Crown Court for a raid which left two of their gang dead after being hit by a train.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 26th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Clarke v Zurich UK General Services Ltd [2010] EWCA Civ 1333 (26 November 2010)

High Court (Chancery Division) 

The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors [2010] EWHC 3099 (Ch) (26 November 2010)

Source: www.bailii.org

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd – WLR Daily

Posted November 26th, 2010 in administration orders, conflict of laws, contracts, law reports, loans, news by sally

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335; [2010] WLR (D) 299

“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”

WLR Daily, 25th November 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.

Recent Statutory Instruments – legislation.gov.uk

Posted November 26th, 2010 in legislation by sally

The Children and Families (Wales) Measure 2010 (Commencement No. 2, Savings and Transitional Provisions) Order 2010

The Social Security Benefit (Computation of Earnings) (Amendment) Regulations (Northern Ireland) 2009 1

The Visits to Former Looked After Children in Detention (England) Regulations 2010

The Harbour School (Amendment) Order 2010

Source: www.legislation.gov.uk

OFT backs replacement of criminal penalties with civil ones – OUT-LAW.com

Posted November 26th, 2010 in competition, consumer protection, Law Commission, news by sally

“Competition law and consumer watchdog the Office of Fair Trading has welcomed a legal reform proposal that would reduce its reliance on criminal law but has said that proposal should be less rigid to allow it to protect consumers.”

Full story

OUT-LAW.com, 25th Novmber 2010

Source: www.out-law.com

Court of Appeal dismisses US-style class action bid – Law Society’s Gazette

Posted November 26th, 2010 in airlines, class actions, news, price fixing by sally

“The Court of Appeal has dismissed an attempt to bring a US-style class action against British Airways for participating in an airfreight price-fixing cartel, just nine days after the European Commission (EC) fined the airline more than €100m (£85m) for its role in the cartel and told claimants that they could seek damages in national courts.”

Full story

Law Society’s Gazette, 25th November 2010

Source: www.lawgazette.co.uk

Colombians jailed for Tilbury cocaine smuggling – UK Border Agency

Posted November 26th, 2010 in drug trafficking, press releases, sentencing by sally

“Two Colombian men who stowed away on a ship for 12 days in an attempt to smuggle 50 kg of cocaine across the Atlantic Ocean were jailed for 14 years on 24 November.”

Full press release

UK Border Agency, 25th November 2010

Source: www.ukba.homeoffice.gov.uk

Fundamental Change in requirement for barristers to notify directly clients of their right to make a complaint – The Bar Council

Posted November 26th, 2010 in barristers, complaints, press releases by sally

“The Bar Standards Board (BSB) has recently issued guidance on dealing with complaints made to chambers and sole practitioners.”

Full press release

The Bar Council, 25th November 2010

Source: www.barcouncil.org.uk

Peterborough physiotherapist suspended for 12 months – BBC News

Posted November 26th, 2010 in disciplinary procedures, news, physiotherapists, professional conduct by sally

“A physiotherapist whose work was described as ‘chaotic’ has been suspended for 12 months.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

GMC rules Plymouth heart man Dr Motwani fit to practise – BBC News

Posted November 26th, 2010 in disciplinary procedures, doctors, news, professional conduct by sally

“A heart specialist who carried out ‘inadequate, careless and unethical’ medical trials is not unfit to practise, a misconduct panel has found.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

Terrorist jailed in 1986 contests minister’s refusal to release him – The Guardian

Posted November 26th, 2010 in aircraft, explosives, news, parole, terrorism by sally

“A man jailed for 45 years for plotting to blow up an Israeli airliner flying out of Heathrow today challenged the government’s refusal to accept a parole board recommendation to release him.”

Full story

The Guardian, 25th November 2010

Source: www.guardian.co.uk

George Osborne to be investigated by watchdog over cuts – The Guardian

Posted November 26th, 2010 in budgets, equality, government departments, news, statutory duty by sally

“Equality commission set to launch formal assessment into the Treasury’s conduct prior to last month’s spending review.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Baby P doctor wins fresh chance over hearing – The Independent

Posted November 26th, 2010 in child abuse, disciplinary procedures, doctors, news by sally

“A doctor accused of failing to spot that Baby P had a broken back days before his death today won a crucial High Court battle in her bid to avoid a disciplinary hearing.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Two in £53m Securitas raid in Kent lose appeal – BBC News

Posted November 25th, 2010 in gangs, news, robbery, sentencing by sally

“Two members of a gang jailed for their part in stealing £53m in Britain’s biggest cash robbery have failed in bids to overturn their convictions.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk