Employees deciding together to establish a competing business: what are the legal principles – 11 KBW
“In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.”
Full story (PDF)
11 KBW, 22nd June 2012
Source: www.11kbw.com
Recent Statutory Instruments – legislation.gov.uk
The Crime and Security Act 2010 (Commencement No. 6) Order 2012
The National Health Service (Charges to Overseas Visitors) Amendment Regulations 2012
The British Nationality (General) (Amendment) Regulations 2012
The Social Security (Notification of Deaths) Regulations 2012
The Driving Instruction (Compensation Scheme) Regulations 2012
The Immigration (European Economic Area) (Amendment) Regulations 2012
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Cox v Ergo Versicherung AG [2012] EWCA Civ 854 (25 June 2012)
High Court (Queen’s Bench Division)
Vallen International Limited v Lewis & Anor [2012] EWHC B5 (QB) (25 June 2012)
AXN & Ors v Worboys & Ors [2012] EWHC 1730 (QB) (25 June 2012)
High Court (Chancery Division)
SMP Trustees Ltd, Re [2012] EWHC 1728 (Ch) (25 June 2012)
High Court (Administrative Court)
Source: www.bailii.org
Reforming the duty of disclosure in business insurance, and bringing the law on warranties up to date – Law Commission
“In a consultation opening today, the Law Commission and Scottish Law Commission are proposing a new law to make clear what businesses must tell insurers when they buy insurance.”
Law Commission, 26th June 2012
Source: www.lawcommission.justice.gov.uk
Talking About Reform – Speech by Mr Justice Ryder
Talking About Reform (PDF)
Speech by Mr Justice Ryder
Public Child Care Law Conference, 26th June 2012
Source: www.judiciary.gov.uk
Camden London Borough Council v Stafford – WLR Daily
Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184
“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”
WLR Daily, 20th June 2012
Source: www.iclr.co.uk
F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily
“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”
WLR Daily, 22nd June 2012
Source: www.iclr.co.uk
Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same – WLR Daily
“The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to privacy.”
WLR Daily, 22nd June 2012
Source: www.iclr.co.uk
Lancashire County Council ‘failed to protect brothers’ – BBC News
“Two teenage brothers who were abused while living in care are to sue Lancashire County Council after a judge ruled they had been mistreated.”
BBC News, 25th June 2012
Source: www.bbc.co.uk
Fast-track court system planned for London Olympics – The Guardian
“Measures have been drawn up to fast-track the trials of people accused of offences linked to the Olympics, based on the way offenders were processed after last summer’s riots.”
The Guardian, 26th June 2012
Source: www.guardian.co.uk
Ministry of Defence has legal duty of care to soldiers in combat, court hears – The Guardian
“The government is under a legal obligation to ensure British soldiers are sent to fight with adequate equipment and training, the court of appeal heard on Monday in a case that has potentially profound implications for the treatment of troops on the battlefield.”
The Guardian, 25th June 2012
Source: www.guardian.co.uk
Decision on extradition treaties is overdue – The Guardian
“Theresa May’s response to the extradition treaty review has become even more pressing amid the Richard O’Dwyer case.”
The Guardian, 25th June 2012
Source: www.guardian.co.uk
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BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor [2012] EWHC 1697 (QB) (22 June 2012)
High Court (Family Division)
A & S (Children) v Lancashire County Council [2012] EWHC 1689 (Fam) (21 June 2012)
High Court (Administrative Court)
C v Secretary of State for the Home Department [2012] EWHC 1543 (Admin) (22 June 2012)
United Arab Emirates v Amir [2012] EWHC 1711 (Admin) (22 June 2012)
United Arab Emirates v Allen [2012] EWHC 1712 (Admin) (22 June 2012)
Source: www.bailii.org
Baby P’s stepfather compensation bid over ‘napalm’ prison attack – Daily Telegraph
“The stepfather of Baby P, Steven Barker, has launched a £40,000 compensation bid after he was injured in a violent prison attack, it has been reported.”
Daily Telegraph, 25th June 2012
Source: www.telegraph.co.uk
Clarke opens Westminster’s new magistrates’ court – Ministry of Justice
“Justice Secretary Kenneth Clarke officially opened a new state of the art Magistrates’ Court in London today (21 June).”
Ministry of Justice, 21st June 2012
Source: www.justice.gov.uk
John Worboys victims in damages case setback – BBC News
“Victims of black cab rapist John Worboys have lost a crucial step in their High Court battle for damages.”
BBC News, 25th June 2012
Source: www.bbc.co.uk
