Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 2009

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.

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – WLR Daily

Posted June 15th, 2009 in closed material, control orders, human rights, law reports, legal representation, terrorism by sally

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180

“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”

WLR Daily, 11th June 2009

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.

Ainsworth and Others v Inland Revenue Commissioners – Times Law Reports

Posted June 15th, 2009 in holiday pay, law reports, remuneration, sick leave by sally

Ainsworth and Others v Inland Revenue Commissioners

House of Lords

“Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk

(HR) (Portugal) v Secretary of State for the Home Department – Times Law Reports

Posted June 15th, 2009 in deportation, EC law, imprisonment, law reports by sally

(HR) (Portugal) v Secretary of State for the Home Department

Court of Appeal

“Time spent in jail in the United Kingdom by a national of the European Economic Area was not counted when calculating whether he had live in the country continuously for at least ten years before the decision to deport him.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk

Human rights laws ‘being abused’ – BBC News

Posted June 15th, 2009 in human rights, news by sally

“A survey has found 80% of those questioned think some people take unfair advantage of human rights laws.”

Full story

BBC News, 15th June 2009

Source: www.bbc.co.uk

Royal secrets withheld under revised information rules – Independent on Sunday

Posted June 15th, 2009 in freedom of information, government departments, news, royal family by sally

“Members of the public and journalists will be banned from seeing the contents of secret documents on the Cabinet and Royal Family under measures quietly announced by Gordon Brown last week.”

Full story

Independent on Sunday, 14th June 2009

Source: www.independent.co.uk

Destination libel – The Guardian

Posted June 15th, 2009 in defamation, news by sally

“Is the fear of legal action creating a chilling effect for investigative journalism? Campaigners want British laws changed so libel tourists stay away.”

Full story

The Guardian, 15th June 2009

Source: www.guardian.co.uk

Names of judges found guilty of misconduct to stay secret – The Guardian

Posted June 15th, 2009 in disciplinary procedures, freedom of information, judiciary, news, professional conduct by sally

“The government and the judiciary can continue to conceal the names of more than 170 misbehaving judges, a freedom of information tribunal has ruled.”

Full story

The Guardian, 15th June 2009

Source: www.guardian.co.uk

Call to publish 1979 death report – BBC News

Posted June 15th, 2009 in demonstrations, disclosure, inquests, news, police by sally

“A campaign group has called on the Metropolitan Police Commissioner Sir Paul Stephenson to publish a report into the death of a protester in 1979.”

Full story

BBC News, 14th June 2009

Source: www.bbc.co.uk

Army chiefs in Afghanistan cannot be sued for death of their troops – The Times

Posted June 15th, 2009 in Afghanistan, armed forces, human rights, indemnities, news by sally

“Commanding officers in Afghanistan have been offered indemnity from prosecution under human-rights laws if they make a decision that leads to the death of a soldier.”

Full story

The Times, 15th June 2009

Source: www.timesonline.co.uk

Beware rape myths, judges to tell jurors – The Times

Posted June 15th, 2009 in juries, news, rape by sally

“Juries are to be instructed to ignore myths surrounding rape in an attempt to raise Britain’s low conviction rate for the crime. Under new directions to be given by judges in rape cases, jurors will be told not to assume the victim was ‘asking for it’ because of the way she dressed, her behaviour or her demeanour.”

Full story

The Times, 15th June 2009

Source: www.timesonline.co.uk

Victory for anti-scald campaign – BBC News

Posted June 12th, 2009 in building law, health & safety, news, personal injuries by sally

“A campaign to reduce injuries caused by scalding in the bath has brought about a change to building regulations.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Kinsella killers jailed for life – BBC News

Posted June 12th, 2009 in murder, news, offensive weapons, sentencing, young offenders by sally

“Three men have been given life sentences for murdering 16-year-old Ben Kinsella in north London.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Freeman v London Borough of Islington [2009] EWCA Civ 536 (11 June 2009)

B (A Child), Re [2009] EWCA Civ 545 (11 June 2009)

Pickthall & Anor v Hill Dickinson Llp [2009] EWCA Civ 543 (11 June 2009)

High Court (Administrative Court)

A.S., R (on the application of) v Secretary of State for Justice [2009] EWHC 1315 (Admin) (08 June 2009)

High Court (Chancery Division)

Revenue and Customs v The Rank Group [2009] EWHC 1244 (Ch) (08 June 2009)

Supperstone v Hurst & Anor [2009] EWHC 1271 (Ch) (08 June 2009)

Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1295 (Ch) (10 June 2009)

HM Revenue & Customs v Benchdollar Ltd & Ors [2009] EWHC 1310 (Ch) (11 June 2009)

Cygnet Healthcare Ltd v Greenswan Consultants Ltd [2009] EWHC 1318 (Ch) (11 June 2009)

Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi VE Pazarlama A.S. & Ors [2009] EWHC 1276 (Ch) (11 June 2009)

High Court (Family Division)

Y v Q & Anor [2009] EWHC B9 (Fam) (28 May 2009)

High Court (Queen’s Bench Division)

Wilkinson v Fitzgerald & Anor [2009] EWHC 1297 (QB) (11 June 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 12th, 2009 in legislation by sally

The Offshore Installations (Safety Zones) Order 2009

The Legislative Reform (Local Government) (Animal Health Functions) Order 2009

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2009

The Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) (Amendment) Regulations 2009

The Building Societies (Accounts and Related Provisions) (Amendment) Regulations 2009

The Landsbanki Freezing (Revocation) Order 2009

Source: www.opsi.gov.uk

Regina v Islam – Times Law Reports

Posted June 12th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

Regina v Islam

House of Lords

“It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation.”

Times Law Reports, 12th June 2009

Source: www.timesonline.co.uk

Brent London Borough Council v Risk Management Partners Ltd – WLR daily

Posted June 12th, 2009 in company law, law reports, local government by sally

Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490; [2009] WLR (D) 179

“A local authority had no power, by virtue of s 2 of the Local Government Act 2000 or s 111 of the Local Government Act 1972, to enter into an arrangement with a company to carry on a mutual insurance business.”

WLR Daily, 11th June 2009

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.

Defence fee caps will be final blow for legal aid, practitioners say – Law Society’s Gazette

Posted June 12th, 2009 in law firms, legal aid, news by sally

“Government proposals to cap payments made to acquitted defendants who have paid privately for their defence are the ‘final nail in the coffin’ of criminal legal aid firms, a leading practitioner group has warned.”

Full story

Law Society’s Gazette. 11th June 2009

Source: www.lawgazette.co.uk

Chancery Lane hits out at means testing proposals – Law Society’s Gazette

Posted June 12th, 2009 in criminal justice, legal aid, news by sally

“Government proposals for Crown court means testing could deny vulnerable people access to justice and are being ‘rushed in’ too quickly, the Law Society said today.”

Full story

Law Society’s Gazette, 11th June 2009

Source: www.lawgazette.co.uk

Legal aid helps to bridge the justice gap – Ministry of Justice

Posted June 12th, 2009 in legal aid, press releases by sally

“Legal Aid Minister Willy Bach and Sir Bill Callaghan, Chair of the Legal Services Commission, have praised legal aid lawyers for their dedication to a fundamental service that underpins the justice system.”

Full press release

Ministry of Justice, 11th June 2009

Source: www.justice.gov.uk