law reports – Page 293 – Current Awareness

“A part-time fee-paid judicial office holder was not entitled to claim that he had been subjected to less favourable treatment when he was refused a pension on retirement from office.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Yearworth and Others v North Bristol NHS Trust – Times Law Reports

Posted February 10th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and Others v North Bristol NHS Trust

Court of Appeal

“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Child Support Agency v Truman – WLR Daily

Posted February 10th, 2009 in disability discrimination, law reports by sally

Child Support Agency v Truman; [2009] WLR (D) 40

“The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] AC 1399, and not the test as previously stated in Clark v Novacold Ltd [1999] ICR 951.”

WLR Daily, 9th February 2009

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.

Oak Investment Partners XII v Boughtwood and others – WLR Daily

Posted February 10th, 2009 in company law, law reports, shareholders, unfairly prejudicial conduct by sally

Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39

“In an appropriate case, where a significant shareholder, who, as a result of being such a shareholder, was appointed to a management role within the company, then engaged in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct was capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.”

WLR Daily, 9th February 2009

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.

BAILII: Recent Decisions

Posted February 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No 70 of 2008 [2009] EWCA Crim 100 (21 January 2009)

Court of Appeal (Civil Division)

Masri v Consolidated Contractors (Oil and Gas) Company Sal [2009] EWCA Civ 36 (06 February 2009)

High Court (Chancery Division)

Oak Investment Partners XII, Ltd. Partnership v Boughtwood & Ors [2009] EWHC 176 (Ch) (06 February 2009)

Source: www.bailii.org

Haringey London Borough Council v Department of Children, Schools and Families and another – WLR Daily

Posted February 9th, 2009 in adoption, law reports by sally

Haringey London Borough Council v Department of Children, Schools and Families and another; [2009] WLR (D) 38

“S 84(4) of the Adoption and Children Act 2002 did not require that the period of ten weeks referred to in that section be spent in the United Kingdom.”

WLR Daily, 6th February 2009

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.

Diggins v Condor Marine Crewing Services Ltd – WLR Daily

Posted February 9th, 2009 in employment tribunals, jurisdiction, law reports, ships, unfair dismissal by sally

Diggins v Condor Marine Crewing Services Ltd; [2009] WLR (D) 37

“The claimant, who lived in the United Kingdom and was employed as a chief officer on a ferry registered in Nassau which sailed from Portsmouth to the Channel Islands, returning to Portsmouth each working day, was entitled to bring a claim of unfair dismissal and was not excluded by the provisions relating to mariners in s 199 of the Employment Rights Act 1996.”

WLR Daily, 6th February 2009

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.

BAILII: Recent Decisions

Posted February 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 (06 February 2009)

High Court (Queen’s Bench Division)

Clyde & Co Llp & Anor v New Look Interiors of Marlow Ltd & Anor [2009] EWHC 173 (QB) (06 February 2009)

High Court (Commercial Court)

Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership v BP Shipping Ltd [2009] EWHC 111 (Comm) (29 January 2009)

Source: www.bailii.org

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

Posted February 6th, 2009 in disclosure, judgments, law reports, public interest, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Tabernacle v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in byelaws, demonstrations, human rights, law reports, nuclear weapons by sally

Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35

“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Yearworth and others v North Bristol NHS Trust – WLR Daily

Posted February 6th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34

“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Regina (TF) v Secretary of State for Justice – Times Law Reports

Posted February 6th, 2009 in law reports, mental health, prisons by sally

Regina (TF) v Secretary of State for Justice

Court of Appeal

“A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it.”

The Times, 6th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ratcliffe v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in armed forces, asbestos, law reports, war pensions, widows by sally

Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33

“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”

WLR Daily, 4th February 2009

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.

ZT (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2009 in asylum, law reports by sally

ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32

“When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those further submissions were fresh claims which ‘created a realistic prospect of success’ under r 353 of the Immigration Rules (HC 395).”

WLR Daily, 4th February 2009

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.

Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31

“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”

WLR Daily, 4th February 2009

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.