Francois v Hutchison 3G UK Ltd – WLR Daily

Posted May 18th, 2009 in employment tribunals, estoppel, law reports by sally

Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154

“On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant’s grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in all the circumstances, the interests of justice required a review.”

WLR Daily, 15th May 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.

Statement on amendments to the Coroners and Justice Bill – Ministry of Justice

Posted May 18th, 2009 in coroners, inquests, juries, press releases by sally

“Jack Straw has made a written ministerial statement concerning amendments to the Coroners and Justice Bill.”

Full statement

Ministry of Justice, 15th May 2009

Source: www.justice.gov.uk

Consumer Remedies for Faulty Goods – Law Commission

Posted May 18th, 2009 in consumer protection, press releases, sale of goods by sally

“In November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods. Appendix C (the European Consumer Centre Questionnaire) and Appendix D (the Comparative Section) to the consultation paper are also available.  We published an executive summary and a press release. On 13 May 2009, we published a summaryof the 53 responses we received to the consultation.  An overview and press release are also available.”

Full press release

Law Commission, 14th May 2009

Source: www.lawcom.gov.uk

Tough new regulations for immigration advisers – UK Border Agency

Posted May 18th, 2009 in immigration, press releases by sally

“Tougher new rules to tackle rogue immigration advisers are to be launched by the Government, the Home Office announced today.”

Full press release

UK Border Agency, 14th May 2009

Source: www.ukba.homeoffice.gov.uk

Barristers Urge Peers to Strengthen Support for Bereaved Families in Coroners and Justice Bill – The Bar Council

Posted May 18th, 2009 in inquests, press releases by sally

“Bereaved families should have access to legal representation at inquests, the Bar Council and the Criminal Bar Association have told the House of Lords.”

Full press release

The Bar Council, 18th May 2009

Source: www.barcouncil.org.uk

Human Rights Act will hamper soldiers in action, warns MoD – Independent on Sunday

Posted May 18th, 2009 in armed forces, human rights, news by sally

“The Ministry of Defence is bracing itself for defeat with a landmark court ruling tomorrow on whether Britain’s soldiers, sailors and airmen should be protected under the Human Rights Act while they serve abroad.”

Full story

Independent on Sunday, 17th May 2009

Source: www.independent.co.uk

MoD loses soldiers’ rights appeal – The Independent

Posted May 18th, 2009 in armed forces, human rights, news by sally

“Soldiers serving abroad are protected by Human Rights laws, the Court of Appeal ruled today in a controversial landmark judgment.”

Full story

The Independent, 18th May 2009

Source: www.independent.co.uk

CCTV schemes in city and town centres have little effect on crime, says report – The Guardian

Posted May 18th, 2009 in closed circuit television, crime, news by sally

“The use of closed-circuit television in city and town centres and public housing estates does not have a significant effect on crime, according to Home Office-funded research to be distributed to all police forces in England and Wales this summer.”

Full story

The Guardian, 18th May 2009

Source: www.guardian.co.uk

Rise in use of drug tests to sack staff without redundancy pay – The Guardian

Posted May 18th, 2009 in dismissal, drug abuse, news, redundancy by sally

“Employers are increasingly using drug testing to get rid of staff without having to make redundancy payouts, as a way of ­cutting costs during the recession, a ­charity has said.”

Full story

The Guardian, 18th May 2009

Source: www.guardian.co.uk

Iraqi looters awarded £1m compensation – Sunday Telegraph

Posted May 18th, 2009 in armed forces, compensation, Iraq, news by sally

“Nine Iraqi civilians who were abused by British troops have been awarded almost £1 million in compensation, it can be revealed.”

Full story

Sunday Telegraph, 17th May 2009

Source: www.telegraph.co.uk

Plans for US-style community courts scrapped because of lack of cash – The Times

Posted May 18th, 2009 in criminal justice, news, rehabilitation by sally

“Plans to create American-style community justice courts in which judges engage directly with offenders and take charge of their rehabilitation have been dropped.”

Full story

The Times, 18th May 2009

Source: www.timesonline.co.uk

Thousands of criminal suspects to be tried in virtual courts – The Times

Posted May 18th, 2009 in live link evidence, news by sally

“Thousands of criminal suspects will lose the right to appear in court and be brought instead before ‘virtual’ courts conducted via video links under plans before Parliament next week.”

Full story

The Times, 18th May 2009

Source: www.timesonline.co.uk

Watchdog to examine bank advertising – The Observer

Posted May 18th, 2009 in advertising, banking, news by sally

“The Advertising Standards Authority is planning to launch an investigation into banks and building societies which offer accounts that appear to offer good savings rates when in fact they pay little more than zero interest.”

Full story

The Observer, 17th May 2009

Source: http://observer.guardian.co.uk/

Database of all children launched – BBC News

Posted May 18th, 2009 in children, data protection, news by sally

“A controversial database which holds the details of every child in England has now become available for childcare professionals to access.”

Full story

BBC News, 17th May 2009

Source: www.bbc.co.uk

Report clears MI5 and police of 7/7 blunders – The Observer

Posted May 18th, 2009 in intelligence services, news, police, terrorism by sally

“A report into the counter-terrorism operations of MI5 and the police in the run-up to the 7/7 bombings will conclude they could have done little more to prevent the atrocities.”

Full story

The Observer, 17th May 2009

Source: http://observer.guardian.co.uk

Murderer wins fight to get state to pay for his haircuts – The Observer

Posted May 18th, 2009 in news, prisons, rehabilitation by sally

“A prisoner has won a legal battle to have his haircuts paid for by the state while out of jail on day release.”

Full story

The Observer, 17th May 2009

Source: http://observer.guardian.co.uk/

Feasibility study to consider the possible merger of the Inner and Middle Temple Libraries – update

Posted May 15th, 2009 in inns of court, libraries, news by sally

I have been informed that not everyone received the memorandum sent to members on 5th May 2009. This was a notice regarding the feasibility study to be undertaken jointly with Middle Temple to investigate the potential benefits of merging our two libraries and creating a state of the art education and training centre for use by both Inns.

I am grateful to those who did receive the notice and have sent their comments to me or to the Librarian, Margaret Clay. As a result of these comments, I would like to clarify the following points.

• As part of the feasibility study, we will be engaging professional consultants to
assist us.
• The consultants will carry out a user survey and consultation process with Library users and non-users alike.
• All members will be consulted at the conclusion of the Feasibility Study before any decision is taken by Bench Table.

I say this to reassure you that no decision in principle has already been taken to implement a libraries merger programme. We are investigating possibilities only, against a background of our ongoing review of all areas of the Inn’s operations.

I hope this explains the position more clearly. Please feel free to contact me directly if you wish to ask questions or make comments.

Vivian Robinson QC
Treasurer

Expenses scandal: proving MPs committed fraud would be difficult – The Times

Posted May 15th, 2009 in expenses, news, parliament by sally

“The furore over allowances claimed by Members of Parliament has produced strong reactions from members of the public, including suggestions that criminal offences have been committed. There has been speculation in the media, suitably restrained for obvious reasons, that some cases might attract the attention of the Revenue or other authorities. There may have been complaints made to the police.”

Full story

The Times, 15th May 2009

Source: www.timesonline.co.uk

George v Eagle Air Services Ltd and Others – Times Law Reports

Posted May 15th, 2009 in aircraft, evidence, law reports, negligence, Saint Lucia by sally

George v Eagle Air Services Ltd and Others

Privy Council

“The doctrine of res ipsa loquitur, the thing speaks for itself, applied in a claim for damages arising out of an allegation of negligence causing an air crash, so that the burden of proof shifted to the defendant owners and operators of the aircraft to produce an explanation which was consistent with the crash having occurred despite the absence of fault on their part.”

The Times, 15th May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 15th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Clarke, R v [2009] EWCA Crim 921 (14 May 2009)

Pedley & Ors v R [2009] EWCA Crim 840 (14 May 2009)

Pitchfork, R v [2009] EWCA Crim 963 (14 May 2009)

Hughes v R [2009] EWCA Crim 841 (14 May 2009)

Bamber, R v [2009] EWCA Crim 962 (14 May 2009)

Court of Appeal (Civil Division)

Whitehouse v Lee [2009] EWCA Civ 375 (14 May 2009)

Rolls-Royce Plc v Unite the Union [2009] EWCA Civ 387 (14 May 2009)

Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405 (14 May 2009)

Source: www.bailii.org