The Lawyer’s great debate: e-disclosure – The Lawyer
“One of the biggest issues in litigation management at the moment is e-disclosure.”
The Lawyer, 21st March 2011
Source: www.thelawyer.com
Deutsche Lufthansa AG v Kumpan – WLR Daily
Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90
“Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation to the imposition of the final fixed-term contract, that according to the national law ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ existed.”
WLR Daily, 10th March 2011
Source: www.iclr.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.
Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily
“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”
WLR Daily, 16th March 2011
Source: www.iclr.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.
Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily
“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”
WLR Daily, judgment reissued 14th March 2011
Source: www.iclr.co.uk
Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Haddock, R v [2011] EWCA Crim 303 (07 February 2011)
M, R v [2011] EWCA Crim 648 (18 March 2011)
Takkar v R. [2011] EWCA Crim 646 (18 March 2011)
Attorney Generals Reference No. 73, 75 & 03 of 2010 [2011] EWCA Crim 633 (03 March 2011)
Court of Appeal (Civil Division)
Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Ors [2011] EWCA Civ 268 (16 March 2011)
High Court (Queen’s Bench Division)
Stevenson & Ors v London Borough of Southwark [2011] EWHC 636 (QB) (18 March 2011)
High Court (Administrative Court)
High Court (Commercial Court)
Source: www.bailii.org
Security guards given police powers – The Independent
“Private security guards are gaining limited policing powers today under a Government scheme to relieve the petty crime burden on forces.”
The Independent, 21st March 2011
Source: www.independent.co.uk
Commission on a UK Bill of Rights launched – Ministry of Justice
“An independent Commission to investigate the case for a UK Bill of Rights has been launched today by Deputy Prime Minister Nick Clegg and Secretary of State for Justice Kenneth Clarke.”
Ministry of Justice, 18th March 2011
Source: www.justice.gov.uk
Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily
“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”
WLR Daily, 17th March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily
“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”
WLR Daily, 17th March 2011
Source: www.iclr.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 (Medical Justice) v Secretary of State for the Home Department – WLR Daily
“Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. The proper course was either to accept the terms, or to treat them as a refusal of permission and to make a fresh application under section 54(4) to the appropriate appeal court for permission.”
WLR Daily, 16th March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Brent London Borough Council v Fuller – WLR Daily
Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D)
“It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the proceedings in the employment tribunal. As appellate tribunals and courts were confined to questions of law they ought not, in the absence of an error of law (including perversity), take over the employment tribunal’s role as an ‘industrial jury’ with a fund of relevant and diverse specialist expertise.”
WLR Daily, 15th March 2011
Source: www.iclr.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.
Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily
Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93
“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”
WLR Daily, 15th March 2011
Source: www.iclr.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.
Legal aid cuts: misleading statistics from the MoJ – The Guardian
“LAG believes that the Ministry of Justice (MoJ) has been guilty of playing rather fast and loose in its interpretation of the figures on the impact of the proposed civil legal aid cuts.”
The Guardian, 18th March 2011
Source: www.guardian.co.uk
Pressure prompts review of ‘domestic violence’ legal aid definition – Law Society’s Gazette
“The government has delayed its plans to respond to the legal aid and civil costs consultations until after Easter, and will ‘review’ the definition of domestic violence, the legal aid minister said last week.”
Law Society’s Gazette, 21st March 2011
Source: www.lawgazette.co.uk
Greater Manchester Police criticised over David Askew case – BBC News
“Police have been criticised for their handling of the case of a man with learning difficulties who died after being harassed in Greater Manchester.”
BBC News, 21st March 2011
Source: www.bbc.co.uk
Oxford exam-fail law student loses compensation bid – BBC News
“An Oxford graduate who sued a law college after failing her exams has lost a bid for damages and was told her own lack of aptitude was to blame.”
BBC News, 18th March 2011
Source: www.bbc.co.uk
Digital Economy Act: ‘rushed’ anti-piracy laws delayed until 2012 – Daily Telegraph
“The Government has admitted that it cannot implement legislation to curb internet piracy until spring 2012 at the earliest, as it prepares for a legal battle in the High Court.”
Daily Telegraph, 21st March 2011
Source: www.telegraph.co.uk
British hacker jailed over £7m virtual gaming chips scam – The Guardian
“A British computer hacker who stole 400bn virtual gaming chips from an international gaming company has been jailed for two years.”
The Guardian, 18th March 2011
Source: www.guardian.co.uk
Ofgem to tackle ‘complex and unfair energy bills’ – BBC News
“Regulator Ofgem has told energy firms they must offer simpler tariffs to help consumers compare prices.”
BBC News, 21st March 2011
Source: www.bbc.co.uk
