Current Awareness

Cavenagh v William Evans Ltd – WLR Daily

Posted May 31st, 2012 in appeals, company directors, contract of employment, law reports, remuneration by sally

Cavenagh v William Evans Ltd: [2012] EWCA Civ 697; [2012] WLR (D) 164

“Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. The employer could not later avoid payment on the basis that the employee had committed a gross misconduct prior to the date of the dismissal which the employer had discovered after the date of the dismissal.”

WLR Daily, 24th May 2012

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening) – WLR Daily

Posted May 31st, 2012 in insolvency, law reports, sport by sally

Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening): [2012] EWHC 1372 (Ch); [2012] WLR (D) 163

“The ‘football creditor rule’ under which football creditors, such as the club’s players and managers, were paid in full in priority to other creditors did not offend either the pari passu principle or the anti-deprivation rule.”

WLR Daily, 25th May 2012

Source: www.iclr.co.uk

NHS Trust rapped on knuckles for refusing to reinstate union activist – UK Human Rights Blog

Posted May 31st, 2012 in compensation, employment tribunals, hospitals, judicial review, news, precedent, trade unions by sally

“R(on the application of Yunus Bakhsh) v Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 (Admin). This fascinating short judgment explores the extent to which a judicial review claim, or a free-standing claim under the Human Rights Act, may be precluded by a statute covering the same issue.”

Full story

UK Human Rights Blog, 30th May 2012

Source: www.ukhumanrightsblog.com

Assange: does it matter if ministers mislead Parliament? – UK Human Rights Blog

Posted May 31st, 2012 in EC law, extradition, news, warrants by sally

“Today, the Supreme Court held that Julian Assange should be extradited to Sweden for alleged rape. This is subject to further submissions on one point (concerning the Vienna Convention on Treaties), well covered by Joshua Rozenberg in his post on the lively proceedings when the judgment was handed down. The whole of the appeal turned on one technical point, simple to state, but it took the Court 266 paragraphs to answer. Was the European Arrest Warrant which triggered the extradition request signed by a ‘judicial authority,’ given that it was signed by a prosecutor?”

Full story

UK Human Rights Blog, 31st May 2012

Source: www.ukhumanrightsblog.com

An uncertain future for trainee solicitors: it’s all about the money, money, money – Halsbury’s Law Exchange

Posted May 31st, 2012 in diversity, minimum wage, news, remuneration, trainee solicitors by sally

“On 17 May 2012 the Solicitors Regulation Authority (SRA) announced their decision to abolish the current minimum wage for trainee solicitors (the current minimum salary for trainee solicitors is £18,590 in Central London and £16,650 outside of London). From 1 August 2014 law firms will be able to pay trainee solicitors the national minimum hourly rate of £6.08. These changes to remuneration will cause additional barriers to access a career in law and will subsequently have a negative impact on the legal profession with a less diverse and equal workforce.”

Full story

Halsbury’s Law Exchange, 30th May 2012

Source: www.halsburyslawexchange.co.uk

The Law Commission’s review of Health and Social Care Regulation – Halsbury’s Law Exchange

Posted May 31st, 2012 in consultations, health, Law Commission, news, social services by sally

“I attended an interesting seminar yesterday evening hosted by Blake Lapthorn solicitors. Frances Patterson QC, one of the Law Commissioners, spoke about the LC’s current review of Health and Social Care Regulation.”

Full story

Halsbury’s Law Exchange, 30th May 2012

Source: www.halsburyslawexchange.co.uk

Mayor Boris Johnson to review police anti-racism measures – BBC News

Posted May 31st, 2012 in diversity, inquiries, London, news, police by sally

“London mayor Boris Johnson has ordered a review of anti-racism reforms within the Metropolitan Police. It will look at measures put in place as a result of the race and faith inquiry – set up by the mayor in 2008.”

Full story

BBC News, 31st May 2012

Source: www.bbc.co.uk

Solicitor accused of playing golf while charging £300 an hour wins libel damages – Daily Telegraph

Posted May 31st, 2012 in defamation, news, solicitors by sally

“A solicitor wrongly accused by a millionaire client of charging him £300 an hour for legal work whilst playing golf has won an apology and substantial damages after succeeding in his libel action.”

Full story

Daily Telegraph, 30th May 2012

Source: www.telegraph.co.uk

OFT refers ‘dysfunctional’ car insurers to Competition Commission – Daily Telegraph

Posted May 31st, 2012 in competition, consumer protection, insurance, news by sally

“The Office of Fair Trading (OFT) has provisionally decided to refer the private motor insurance market to the Competition Commission after it found evidence that insurers compete in a ‘dysfunctional way’ that pushes up premiums by £225m a year.”

Full story

Daily Telegraph, 31st May 2012

Source: www.telegraph.co.uk

Julian Assange’s extradition stayed thanks to quick legal footwork – The Guardian

Posted May 30th, 2012 in appeals, extradition, judgments, news, Supreme Court, treaties by sally

“Dinah Rose QC buys her client another two weeks – much to the supreme court’s embarrassment.”

Full story

The Guardian, 30th May 2012

Source: www.guardian.co.uk

Protester John Catt loses database fight – The Independent

Posted May 30th, 2012 in demonstrations, human rights, news, privacy by sally

” An 87-year-old political campaigner has lost a legal action to have details about his attendance at various protests removed from a police ‘extremism’ database.”

Full story

The Independent, 30th May 2012

Source: www.independent.co.uk

Sir Arthur Conan Doyle house campaigners win court ruling – BBC News

Posted May 30th, 2012 in housing, local government, news, planning by sally

“A High Court judge has ruled that plans to develop the former home of Sherlock Holmes creator Sir Arthur Conan Doyle ‘must be quashed.’ ”

Full story

BBC News, 30th May 2012

Source: www.bbc.co.uk

The Inns of Court continue drive to promote access and social mobility – Inner Temple

Posted May 30th, 2012 in inns of court, legal education, press releases by sally

“Responding to the release of the Fair Access to Professional Careers, Patrick Maddams, Sub-Treasurer of The Honourable Society of the Inner Temple, one of the four Inns of Court, said: ‘We welcome this progress report and the recognition of the work the Inns of Court have been undertaking to promote access to the Bar. The Inns of Court between them now provide nearly £5 million per year in scholarships to ensure that financial need does not prevent capable students of studying for the Bar.’ ”

Full press release

Inner Temple, 30th May 2012

Source: www.innertemple.org.uk

MoJ answers key QOCS questions – Law Society’s Gazette

Posted May 30th, 2012 in civil justice, costs, news, personal injuries by sally

“The government has answered some of the fundamental questions about how its new system for transferring the costs burden in personal injury cases will work.”

Full story

Law Society’s Gazette, 30th May 2012

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted May 30th, 2012 in law reports by sally

High Court (Chancery Division)

Inversiones Frieira SL & Anor v Colyzeo Investors II LP & Anor [2012] EWHC 1450 (Ch) (29 May 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted May 30th, 2012 in legislation by sally

The Tuberculosis (England) (Amendment) Order 2012

The Road Safety Act 2006 (Commencement No. 8) Order 2012

The Driving Instruction (Suspension and Exemption Powers) Act 2009 (Commencement No. 1) Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted May 30th, 2012 in parliamentary papers by sally

Government’s response to the public consultation on justice and security, Cm 8364 (PDF)

Source: www.official-documents.gov.uk

Man jailed for NHS fraud – UK Border Agency

Posted May 30th, 2012 in employment, fraud, press releases by sally

“A man who used a forged passport to obtain a job with the NHS in Worcester has been sentenced to 12 months imprisonment at Hereford Crown Court.”

Full press release

UK Border Agency, 29th May 2012

Source: www.ukba.homeoffice.gov.uk

Costs Management: A necessary part of the management of litigation – Speech by Mr. Justice Ramsey

Posted May 30th, 2012 in budgets, costs, speeches by sally

“Costs management: a necessary part of the management of litigation: sixteenth lecture in the implementation programme. Law Society Conference, 29th May 2012.”

Full speech

Judiciary of England and Wales, 30th May 2012

Source: www.judiciary.gov.uk