BAILII: Recent Decisions

Posted April 29th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Richards, R. v [2010] EWCA Crim 835 (09 March 2010)

Court of Appeal (Civil Division)

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd [2010] EWCA Civ 444 (29 April 2010)

Geofizika DD v MMB International Ltd & Anor [2010] EWCA Civ 459 (28 April 2010)

Source: www.bailii.org

Hughes v Borodex Ltd – WLR Daily

Posted April 29th, 2010 in appeals, landlord & tenant, law reports, rent by sally

Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106

“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”

WLR Daily, 28th April 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.

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 29th, 2010 in age discrimination, appeals, employment, law reports, police by sally

Chief Constable of West Yorkshire Police and another v Homer [2010] EWCA Civ 419; [ 2010] WLR (D) 105

“The requirement of a law degree for eligibility for the highest pay grade as a police legal adviser did not amount to discrimination against those aged over 60.”

WLR Daily, 28th April 2010

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.

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

Posted April 29th, 2010 in contracts, employment tribunals, law firms, news, transfer of undertakings by sally

“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

“World’s worst tennis pro” loses Telegraph libel case – The Lawyer

Posted April 29th, 2010 in defamation, news, striking out by sally

“The High Court has thrown out a defamation claim brought against the Daily Telegraph by tennis player Robert Dee, who claimed the paper had defamed him by dubbing him the ‘world’s worst tennis pro’.”

Full story

The Lawyer, 28th April 2010

Source: www.thelawyer.com

General counsel ‘bypass law firms’ and go directly to the bar – Law Society’s Gazette

Posted April 29th, 2010 in barristers, law firms, legal profession, news, reports, solicitors by sally

“General counsel are increasingly bypassing law firms to go directly to the bar for legal advice, according to a report published today.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

After the Icelandic volcano: what the lawyers expect next – The Times

Posted April 29th, 2010 in news by sally

“The stragglers among the stranded volcano victims may be arriving home but we are not out of the ash cloud yet. Indeed — from a legal perspective — the crisis has barely started. Only now, as people dust themselves down and turn to the paperwork, can we start to get a glimmer of what lies ahead. And like the volcanic ash itself, the issues arising will drift across the legal landscape from airlines to regulators, insurance companies to ordinary employers who have only a remote interest in the airline business.”

Full story

The Times, 29th April 2010

Source: www.timesonline.co.uk

Bar Council begins consultation on modernising terms of instructions from solicitors – The Bar Council

Posted April 29th, 2010 in barristers, consultations, news, solicitors by sally

“The Bar Council, the Approved Regulator for barristers in England and Wales, has begun a three-month consultation on new terms of engagement of barristers for solicitors. The move comes as the profession looks to update the current basis on which barristers take instructions from solicitors, which is viewed as outdated and unsatisfactory. The new terms, drawn up by the Bar Council’s Implementation Committee, are intended to be transparent and enforceable, and to provide more protection to barristers (particularly young barristers) in countering unacceptable delays in payments. The consultation is being carried out with members of the Bar and a number of interested bodies, including the Approved Regulators of lawyers practising in England and Wales.”

Full story

The Bar Council, 29th April 2010

Source: www.barcouncil.org.uk

What the legal services reforms could mean for how bar does business – Law Society’s Gazette

Posted April 29th, 2010 in barristers, legal services, news by sally

“The Legal Services Act, in combination with changes to the bar’s Code of Conduct agreed last month by the Bar Standards Board, herald a historic sea change for the bar. They give barristers the opportunity to practise in new ways that could radically change the relationship they have with solicitors.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

MI5 files must be kept from 7/7 victims’ families, coroner told – The Guardian

Posted April 29th, 2010 in disclosure, inquests, intelligence services, news by sally

“Disclosing MI5 files about the July 7 suicide bombers to the families of those killed in the London attacks would be ‘impossible’, counsel for the Security Service and the home secretary said today.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk

In a hung Parliament, the Queen’s task is to endorse choices made by politicians – The Times

Posted April 29th, 2010 in news by sally

“The British constitution, Lord Bryce once said, ‘works by a body of understandings which no writer can formulate’. But these ‘understandings’, insofar as they relate to a hung Parliament, have now been formulated in a Cabinet Office manual produced under the aegis of the Cabinet Secretary, Sir Gus O’Donnell. I was involved in helping to draw it up.”

Full story

The Times, 29th April 2010

Source: www.timesonline.co.uk

‘Practical joke’ victim to receive payout – Daily Telegraph

Posted April 29th, 2010 in compensation, news, personal injuries by sally

“A man who was left brain damaged after an alleged pratical joke between middle-aged neighbours went wrong is set to receive a seven figure payout.”

Full story

Daily Telegraph, 28th April 2010

Source: www.telegraph.co.uk

Law and order policies: what do Britain’s judges think? – The Times

Posted April 29th, 2010 in news by sally

“It’s election time — so judges must watch out. Even more than usual, they cannot be political. ‘I certainly don’t want to be seen as attacking the Government or any party,’ Judge Charles Harris, QC, insists. That said, he is in a position to voice judicial concerns across a broad apolitical front.”

Full story

The Times, 29th April 2010

Source: www.timesonline.co.uk

Lady Greenfield and Royal Institution settle sex discrimination case – The Guardian

Posted April 29th, 2010 in employment, news, sex discrimination by sally

“Lady Greenfield has dropped a sex discrimination case against the Royal Institution in an undisclosed out-of-court settlement.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 28th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. & Anor [2010] EWCA Civ 390 (28 April 2010)

High Court (Queen’s Bench Division)

Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB) (28 April 2010)

Dee v Telegraph Media Group Ltd. [2010] EWHC 924 (QB) (28 April 2010)

Campbell v PCHA [2010] EWHC 859 (QB) (15 April 2010)

Eastlands Homes Partnership Ltd v Whyte [2010] EWHC 695 (QB) (31 March 2010)

High Court (Chancery Division)

Singla v Hedman & Ors [2010] EWHC 902 (Ch) (28 April 2010)

High Court (Administrative Court)

Kodos (aka Jetmir Olltari) v Prosecutor General’s Office of the Republic of Lithuania [2010] EWHC 897 (Admin) (28 April 2010)

Jones v HM Coroner for the Southern District of Greater London & Anor [2010] EWHC 931 (Admin) (28 April 2010)

High Court (Commercial Court)

Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd [2010] EWHC 903 (Comm) (28 April 2010)

Source: www.bailii.org

Bar Council Chairman Calls for Bar’s Voice to be Heard on Cuts – The Bar Council

Posted April 28th, 2010 in barristers, fees, news by sally

“The Chairman of the Bar Council, which represents barristers in England and Wales, has reacted angrily to the deep cuts to publicly funded criminal barristers’ fees, which come into force today. From today, barristers’ fixed fees for criminal defence will be cut by a total of 13.5% over the next 3 years starting with an immediate cut of 4.5%. These cuts are contained in legislation rushed through Parliament by the Ministry of Justice the day after the Easter break, the same day the election was announced.”

Full story

The Bar Council, 27th April 2010

Source: www.barcouncil.org.uk

Regina v Upper Bay Ltd – Times Law Reports

Posted April 28th, 2010 in law reports by sally

Regina v Upper Bay Ltd

Court of Appeal (Criminal Division)

“A parent’s duty to supervise his child and an employer’s duty to conduct its undertaking so that users were not exposed to health or safety risks were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

The Times, 28th April 2010

Source: www.timesonline.co.uk

Irish Reel Productions Ltd v Capitol Films Ltd – Times Law Reports

Posted April 28th, 2010 in law reports by sally

Irish Reel Productions Ltd v Capitol Films Ltd

Chancery Division

“The court had jurisdiction to order that the costs of winding-up proceedings were payable by administrators.”

The Times, 28th April 2010

Source:www.timesonline.co.uk

Regina v Richards – Times Law Reports

Posted April 28th, 2010 in law reports, non-molestation orders by sally

Regina v Richards

Court of Appeal (Criminal Division)

“In respect of a charge of breach of a non-molestation order, the burden of proof was on the prosecution to show that the defendant, in acting as he did, acted without reasonable excuse.”

The Times, 28th April 2010

Source: www.timesonline.co.uk

FSA set to fine two banks for mishandling customer complaints – Daily Telegraph

Posted April 28th, 2010 in banking, complaints, financial regulation, fines, news by sally

“Two banks face a financial penalty for poor complaints handling after the Financial Services Authority (FSA) identified weaknesses in how they handled customer problems.”

Full story

Daily Telegraph, 28th April 2010

Source: www.telegraph.co.uk