BAILII: Recent Decisions
Supreme Court
Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10 (9 March 2011)
High Court (Commercial Court)
Essentially Different Ltd v Bank of Scotland Plc [2011] EWHC 475 (Comm) (10 March 2011)
Source: www.bailii.org
Ruiz Zambrano v Office national de L’emploi (ONEm) – WLR Daily
“A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship.”
WLR Daily, 10th March 2011
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.
North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily
“A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know.”
WLR Daily, 10th March 2011
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.
Bank of Scotland v Pereira and others – WLR Daily
“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
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.
Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily
“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
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.
Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily
“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
WLR Daily, 10th March 2011
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.
Solicitor struck off over ‘land banking’ scheme – Law Society’s Gazette
“A solicitor involved in a ‘land banking’ scheme which cost investors their life savings was struck off by the Solicitors Disciplinary Tribunal last week.”
Law Society’s Gazette. 10th March 2011
Source: www.lawgazette.co.uk
New investigations regime will accompany new premium rate code, says regulator – OUT-LAW.com
“The way premium phone rate companies are investigated for breaches of the industry code will be changed this spring, regulator PhonepayPlus (PPP) has said.”
OUT-LAW.com, 10th March 2011
Source: www.out-law.com
Rollover contracts with leaving penalties to be banned, says Ofcom – OUT-Law.com
“Telecoms firms will be banned from automatically signing customers up to renewed contracts with minimum contract periods, telecoms regulator has said. It said that 15% of home phone users are tied into such contracts.”
OUT-LAW.com, 10th March 2011
Source: www.out-law.com
CPS statement following the conviction of Terence Brown – Crown Prosecution Service
“Following the conviction of Terence Brown, Moira Macmillan, CPS Counter Terrorism Division lawyer said: ‘Terence Brown made money from producing and selling CD-Roms which contained details of step-by-step instructions that could be used by anyone planning or committing a terrorist attack.’ ”
Crown Prosecution Service, 9th March 2011
Source: www.cps.gov.uk
Damages awarded to Virgin Atlantic masseuses – BBC News
“Two beauty therapists who suffered repetitive strain injury after giving hours of massages to Virgin Atlantic passengers have been awarded damages.”
BBC News, 10th March 2011
Source: www.bbc.co.uk
Bristol cancer lie woman jailed for fraud – BBC News
“A police civilian worker who lied to friends and colleagues by telling them she was dying of liver cancer has been jailed for 15 months for fraud.”
BBC News, 10th March 2011
Source: www.bbc.co.uk
Ex council chairman and wife jailed over ‘deplorable’ fraud of relative, 85 – Daily Telegraph
“A former council chairman and his wife have been jailed for the ‘deplorable’ fraud of an elderly relative, which funded their lavish lifestyle and teddy bear collection.”
Daily Telegraph, 10th March 2011
Source: www.telegraph.co.uk
Sir Fred Goodwin, RBS chief, takes out gagging order – Daily Telegraph
“The existence of the injunction was revealed by John Hemming, a back-bench Liberal Democrat MP, during a business debate in the House of Commons yesterday morning. His comments are protected by parliamentary privilege, which means he cannot face court proceedings for revealing the injunction’s existence.”
Daily Telegraph, 11th March 2011
Source: www.telegraph.co.uk
Legal bodies fear government interference – Law Society’s Gazette
“The independence of the legal profession is being threatened by government ‘diktats’ ordering that the websites of three legal quangos be closed, the chair of the Legal Services Consumer Panel (LSCP) told a House of Lords debate this week.”
Law Society’s Gazette, 10th March 2011
Source: www.lawgazette.co.uk
Naomi Bryant inquest: Failings in sex offender release – BBC News
“A woman was killed by a convicted sex offender after a series of failings by the agencies involved in his release, an inquest jury has ruled.”
BBC News, 10th March 2011
Source: www.bbc.co.uk
Prisoners should be given the vote, signals watchdog – Daily Telegraph
“Nick Hardwick, the chief inspector of prisons, signalled he was in favour of some prisoners being given the vote, despite admitting he has not come across a single inmate who wants it.”
Daily Telegraph, 10th March 2011
Source: www.telegraph.co.uk
Youths face life for boy’s murder – The Independent
“Three youths face life sentences after being found guilty today of murdering schoolboy Nicholas Pearton.”
The Independent, 10th March 2011
Source: www.independent.co.uk
Women lawyers believe they are paid less than male peers – Law Society’s Gazette
“Most women lawyers believe their male colleagues earn more than they do, research has suggested.”
Law Society’s Gazette, 10th March 2011
Source: www.lawgazette.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011
The Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011
The Social Security (Deferral of Retirement Pensions) Regulations 2011
The Children’s Homes (Amendment) Regulations 2011
The Childcare (Exemptions from Registration) (Amendment) Order 2011
The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011
The Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2011
The Driver and Vehicle Licensing Agency Trading Fund (Revocation) Order 2011
The Tribunal Procedure (Amendment) Rules 2011
The Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011
The Fostering Services (England) Regulations 2011
The Climate Change Levy (General) (Amendment) Regulations 2011
The Social Security (Claims and Payments) Amendment Regulations 2011
The Social Security (Miscellaneous Amendments) Regulations 2011
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011
The Pension Protection Fund (Prescribed Payments and Investment Costs – Amendment) Regulations 2011
The Welfare Reform Act 2009 (Commencement No. 4) Order 2011
The Pensions Act 2008 (Commencement No. 9) Order 2011
The Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty Limited) Regulations 2011
The Insurance Premium Tax (Discounted Insurance Premiums: Higher Rate) Order 2011
Source: www.legislation.gov.uk
