BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and other – WLR Daily

Posted March 9th, 2011 in company law, debts, insolvency, law reports, winding up by sally

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2011] EWCA Civ 227; [2011] WLR (D) 73

“A company was ‘deemed to be unable to pay its debts’ within section 123(2) of the Insolvency Act 1986 when the amount of its liabilities, taking into account its contingent and prospective liabilities, exceeded the value of its assets to such an extent that the company had reached the point of no return, and if it continued to use its cash or other assets for current purposes it would amount to a fraud on future or contingent creditors.”

WLR Daily, 8th March 2011

Source: www.lawreports.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.

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Posted March 9th, 2011 in ballots, industrial action, injunctions, law reports, trade unions by sally

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th March 2011

Source: www.lawreports.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.

UK supreme court to rule on stormtrooper copyright – The Guardian

Posted March 9th, 2011 in artistic works, copyright, news, Supreme Court by sally

“This week the justices will be busying themselves with a case consisting of the heady combination of Star Wars, stormtroopers’ protective millinery, clay modelling and international copyright enforcement. These people know how to live.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Odd rulings on equality legislation – Daily Telegraph

Posted March 9th, 2011 in belief discrimination, news by sally

“Equality laws have allowed several unlikely claims against employers on the basis that certain views are similar to religious belief. Here are a few cases which made headlines.”

Full story

Daily Telegraph, 9th March 2011

Source: www.telegraph.co.uk

40 years since the Equal Pay Act, equality remains a dream – The Guardian

Posted March 9th, 2011 in equal pay, news, sex discrimination by sally

“It is four decades since the Equal Pay Act came into force, yet men still earn more than women in nearly 90% of job categories, according to analysis by the Guardian.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

College of Law launches part-time BPTC programme – Law Society’s Gazette

Posted March 9th, 2011 in legal education, news by sally

“The College of Law in Birmingham is to offer a part-time Bar Professional Training Course (BPTC) beginning September 2011.”

Full story

Law Society’s Gazette, 7th March 2011

Source: www.lawgazette.co.uk

Miners’ compensation: why did some solicitors take too big a slice of the pie? – The Guardian

Posted March 9th, 2011 in claims management, compensation, fees, miners, news, solicitors by sally

“Despite delivering £4bn for sick miners and their families, exploitation by some solicitors cast a shadow over the profession.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Court of appeal clears bankers to sue Commerzbank over bonuses – The Guardian

Posted March 9th, 2011 in banking, contracts, news, remuneration by sally

“The court of appeal yesterday cleared the way for more than 100 investment bankers to sue Commerzbank over unpaid bonuses in one of the highest profile cases to emerge from the financial crisis.’

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Background: the Employment Equality (Religion or Belief) Regulations 2003 – Daily Telegraph

Posted March 9th, 2011 in belief discrimination, employment, equality, news by sally

“A short guide to the Employment Equality (Religion or Belief) Regulations 2003, which have allowed a man’s views on foxhunting to be placed on a par with religious belief.”

Full story

Daily Telegraph, 9th March 2011

Source: www.telegraph.co.uk

Woman convicted of impersonating a social worker – The Guardian

Posted March 9th, 2011 in impersonation, news, social services by sally

“A woman from Hertfordshire has become the first person to be convicted of pretending to be a qualified social worker, six years after legislation protecting the professional title took effect.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Judge pledges more consistency in assault sentencing – BBC News

Posted March 9th, 2011 in assault, news, sentencing by sally

“New guidelines on sentencing offenders guilty of assault should ensure there is greater consistency between courts, a senior judge has told the BBC.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Broadmoor patient makes history with court appeal – The Independent

Posted March 9th, 2011 in disability discrimination, human rights, mental health, news, tribunals by sally

“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”

Full story

The Independent, 9th March 2011

Source: www.independent.co.uk

Old Bailey hears how judge wrestled defendant to the floor – The Guardian

Posted March 9th, 2011 in judges, news, trials by sally

“Court hears how Paul Reid’s alleged escape bid was thwarted by a double rugby-tackle from judge Douglas Marks Moore.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

BNY Corporate Trustee Services Ltd v Eurosail – UK 2007 – 3bl Plc & Ors [2011] EWCA Civ 227 (07 March 2011)

Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 (03 March 2011)

High Court (Queen’s Bench Division)

ZAM v CFW & Anor [2011] EWHC 476 (QB) (07 March 2011)

Source: www.bailii.org

Legal Profession Lawcast (2): Neil Rose on ABS – Jackson – Funding – Regulation and the state of the profession today – Charon QC

Posted March 7th, 2011 in legal aid, legal profession, legal services, podcasts by sally

“Today I am talking to Neil Rose of Legal Futures about the changing legal landscape in 2011. Legal Futures is the brainchild of Neil Rose, who has been writing about the Legal Services Act since its genesis in the OFT report of 2001. Neil is a highly experienced legal journalist, having spent 12 years working on the Law Society’s Gazette, latterly as Deputy Editor and including a lengthy spell as Acting Editor in 2007. A qualified solicitor, he went freelance in January 2008.”

Podcast

Charon QC, 7th March 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Safety deposit pair who held millions for gangs jailed – BBC News

Posted March 7th, 2011 in firearms, money laundering, news, possession of false identity documents, sentencing by sally

“The director of three safety deposit box centres in London has been jailed for four-and-a-half years after raids in which police seized £500m in assets.”

Full story

BBC News, 7th March 2011

Source: www.bbc.co.uk

Man guilty of burning poppies at Armistice Day protest – BBC News

Posted March 7th, 2011 in demonstrations, news, public order, threatening behaviour by sally

“A man has been found guilty of burning poppies at a protest in west London on Armistice Day.”

Full story

BBC News, 7th March 2011

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 7th, 2011 in legislation by sally

The Civil Proceedings Fees (Amendment) Order 2011

The Family Proceedings Fees (Amendment) Order 2011

The Non-Contentious Probate Fees (Amendment) Order 2011

The Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2011

The Marine Licensing (Application Fees) Regulations 2011

Source: www.legislation.gov.uk

Sousa v Waltham Forest London Borough Council – WLR Daily

Posted March 7th, 2011 in costs, fees, insurance, law reports by sally

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.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.

Prison officers sue to stop private firm taking over four jails – The Guardian

Posted March 7th, 2011 in judicial review, news, prison officers, prisons by sally

“The Prison Officers Association (POA) is to launch a high court bid to prevent the UK’s biggest private prisons contractor from taking over four prisons currently under review.”

Full story

The Guardian, 6th March 2011

Source: www.guardian.co.uk