Recent Statutory Instruments – legislation.gov.uk

Posted October 14th, 2010 in legislation by sally

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2010

The Financial Services Act 2010 (Commencement No. 1 and Transitional Provision) Order 2010

The Community Legal Service (Funding) (Amendment No. 2) Order 2010 (Revocation) Order 2010

The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 2010

Source: www.legislation.gov.uk

Letter of dismissal took effect on reading, not sending, says Supreme Court – OUT-LAW.com

Posted October 14th, 2010 in contract of employment, news, time limits, unfair dismissal by sally

“The firing of an employee only took effect when she read the letter informing her of her dismissal, which was nearly a week after a disciplinary hearing and four days after the letter arrived at her home, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily

Posted October 14th, 2010 in disclosure, financial advice, law reports, legal profession, privilege by sally

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) [2010] EWCACiv 1094; [2010] WLR (D) 251

“Legal advice privilege applied only to advice given by a member of the legal profession.”

WLR Daily, 13th October 2010

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.

Broomleigh Housing Association Ltd v Okonkwo – WLR Daily

Posted October 14th, 2010 in civil procedure rules, committals, law reports by sally

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113; [2010] WLR (D) 251

“If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. A judge had a discretion whether to make such an order and should exercise it, and be seen to exercise it, with due regard to its seriousness.”

WLR Daily, 13th October 2010

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.

Gisda Cyf v Barratt – WLR Daily

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th October 2010

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.

In re Stakefield (Midlands) Ltd and others – WLR Daily

In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249

“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”

WLR Daily, 13th October 2010

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.

Pieretti v Enfield London Borough Council – WLR Daily

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th October 2010

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 (Kibris Turk Hava Yollari and another) v Secretary of State for Transport – WLR Daily

Posted October 14th, 2010 in airlines, carriage by air, Cyprus, law reports, treaties by sally

Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport [2010] EWCA Civ 1093; [2010] WLR (D) 247

“The Secretary of State for Transport was entitled to refuse to grant operating permits to a Turkish airline and travel agent to allow them to operate scheduled and chartered flights between the United Kingdom and northern Cyprus.”

WLR Daily, 13th October 2010

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.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Posted October 14th, 2010 in arbitration, contracts, jurisdiction, law reports, setting aside by sally

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 2010

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 (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) – WLR Daily

Posted October 14th, 2010 in law reports, local government, school admissions by sally

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) [2010] EWCA Civ 1103; [2010] WLR (D) 245

“An inquiry pursuant to s 86(3) of the School Standards and Framework Act 1998 into whether compliance with a parent’s preference as to the school at which he wished education to be provided for his child would prejudice the provision of efficient education or the efficient use of resources was to be assessed objectively.”

WLR Daily, 13th October 2010

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.

Chancery Lane publishes Jackson review response – Law Society’s Gazette

Posted October 14th, 2010 in civil justice, costs, legal aid, news by sally

“The Law Society today warned against piecemeal implementation of Lord Justice Jackson’s proposals on civil litigation costs, telling the government that this could be ‘very damaging’ to access to justice. Jackson himself has said that his reforms will not succeed unless they are implemented as a whole.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Lord Saville defends millions in fees to Bloody Sunday lawyers – Daily Telegraph

Posted October 14th, 2010 in armed forces, demonstrations, inquiries, news, Northern Ireland by sally

“Lord Saville of Newdigate defended the cost and length of the £200 million inquiry, which took more than 11 years, saying that it could not have been done cheaply or quickly if it was to be ‘thorough’.”

Full story

Daily Telegraph, 13th October 2010

Source: www.telegraph.co.uk

The Bribery Act and how in-house counsel can help combat corruption – Law Society’s Gazette

Posted October 14th, 2010 in bribery, corruption, news by sally

“In July the Ministry of Justice (MoJ) announced that the Bribery Act will not come into force until April 2011, a full year after it received royal assent. At the same time, it promised to issue guidance to enable commercial organisations to understand the concept of ‘adequate procedures’. This guidance is the subject of a consultation process, managed by the MoJ, with a closing date for responses set for 8 November.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

The case for diversity: legal profession’s white, male legacy persists – The Guardian

Posted October 14th, 2010 in equality, legal profession, minorities, news, women by sally

“This week saw the release of the Equality and Human Rights Commission report entitled How Fair is Britain. Today (13 October), at a high-level conference at Westminster University, original research examining structural inequalities in the legal services sector [pdf] will be unveiled.”

Full story

The Guardian, 13th October 2010

Source: www.guardian.co.uk

Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette

Posted October 14th, 2010 in disclosure, financial advice, legal profession, news, privilege by sally

“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Ricin trial illustrates the importance of juries – The Guardian

Posted October 13th, 2010 in juries, news, terrorism by sally

“It is five years since the jurors filed back into the Old Bailey to give their verdict in what has become known as the ‘ricin plot’ trial. After a six-month trial, 17 days of deliberations, and an estimated £20m of taxpayers’ money, four defendants were acquitted and the fifth was found guilty of the lesser charge of conspiracy to cause a public nuisance.”

Full story

The Guardian, 13th October 2010

Source: www.guardian.co.uk

‘Fewer attackers jailed’ under new sentencing guidelines – The Independent

Posted October 13th, 2010 in assault, news, sentencing by sally

“Thousands of attackers will be allowed to walk free from court under proposed new guidelines for assault cases, the Sentencing Council said today.”

Full story

The Independent, 13th October 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted October 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2010] EWCA Civ 1100 (11 October 2010)

Haringey Independent Appeal Panel v M, R (on the application of) [2010] EWCA Civ 1103 (12 October 2010)

Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050 (12 October 2010)

Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 (12 October 2010)

Mölnlycke Health Care AB & Anor v BSN Medical Ltd & Anor [2010] EWCA Civ 1053 (12 October 2010)

SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101 (12 October 2010)

Yollari & Anor, R (on the application of) v Secretary of State for Transport & Anor [2010] EWCA Civ 1093 (12 October 2010)

High Court (Administrative Court)

Loizou, R (on the application of) v Mid-Yorkshire Hospitals NHS Trust [2010] EWHC 2523 (Admin) (11 October 2010)

High Court (Technology and Construction Court)

Dhamija & Anor v Sunningdale Joineries Ltd & Ors [2010] EWHC 2396 (TCC) (12 October 2010)

William McIlroy Swindon Ltd & Anor v Quinn Insurance Ltd [2010] EWHC 2448 (TCC) (12 October 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 13th, 2010 in legislation by sally

The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010

The Premium Savings Bonds (Amendment etc) Regulations 2010

The Financial Services Act 2010 (Commencement No. 1 and Transitional Provision) Order 2010

The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

College of Law backs proposals to open up tuition fees market – Legal Week

Posted October 13th, 2010 in fees, legal education, news by sally

“The College of Law has thrown its support behind Lord Browne’s review of student funding, which could see the removal of the cap on UK university fees.”

Full story

Legal Week, 12th October 2010

Source:www.legalweek.com