BA cabin crew lose high court battle to prevent airline cuts – The Guardian

Posted February 19th, 2010 in airlines, contract of employment, news, trade unions by sally

“British Airways cabin crew today lost their high court bid for a permanent injunction preventing the airline from imposing cost-cutting proposals.”

Full story

The Guardian, 19th February 2010

Source: www.guardian.co.uk

Four years for mother who smothered son to death – The Independent

Posted February 19th, 2010 in appeals, homicide, news, sentencing by sally

“A woman who smothered her three-year-old son to death with a pillow was sentenced to four years jail for his manslaughter today after successfully appealing against her conviction for his murder.”

Full story

The Independent, 19th February 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted February 19th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hemsley v R [2010] EWCA Crim 225 (18 February 2010)

Zaman, R. v [2010] EWCA Crim 209 (22 January 2010)

Jordan & Ors, R. v [2010] EWCA Crim 206 (28 January 2010)

High Court (Queen’s Bench Division)

Rayment v Ministry of Defence [2010] EWHC 218 (QB) (18 February 2010)

Frost v Oldfield [2010] EWHC 279 (QB) (18 February 2010)

High Court (Chancery Division)

Jayasinghe v Liyanage [2010] EWHC 265 (Ch) (18 February 2010)

Joyce v Bowman Law Ltd [2010] EWHC 251 (Ch) (18 February 2010)

High Court (Administrative Court)

Austin v Chief Constable of Surrey Police [2010] EWHC 266 (Admin) (18 February 2010)

Ogbonna v Nursing & Midwifery Council [2010] EWHC 272 (Admin) (18 February 2010)

High Court (Commercial Court)

Masefield AG v Amlin Corporate Member Ltd [2010] EWHC 280 (Comm) (18 February 2010)

Markerstudy Insurance Company Ltd & Ors v Endsleigh Insurance Services Ltd [2010] EWHC 281 (Comm) (18 February 2010)

Source: www.bailii.org

Public say in youth crime punishment – Ministry of Justice

Posted February 19th, 2010 in consultations, Ministry of Justice, news, young offenders by sally

“Communities in the North East affected by crime will get a say in how young offenders are punished, Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 18th February 2010

Source: www.justice.gov.uk

Media watchdog needs ‘radical shake-up’ but should not be abolished, MPs argue – The Times

Posted February 19th, 2010 in news by sally

“Tougher powers for the Press Complaints Commission and an end to the right of companies to sue for libel will be proposed next week in a longawaited report by MPs. But the much criticised press watchdog will escape calls for its abolition or for any form of state regulation of the press.”

Full story

The Times, 19th February 2010

Source: www.timesonline.co.uk

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same – WLR Daily

Posted February 19th, 2010 in appeals, domicile, law reports, taxation by sally

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same [2010] EWCA Civ 83; [2010] WLR (D) 45

“The revenue had not been shown, in considering cases founded upon asserted non-resident status, to have altered its interpretation or application of relevant guidance material.”

WLR Daily, 18th February 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.

Jayasinghe v Liyanage – WLR Daily

Posted February 19th, 2010 in jurisdiction, land registration, law reports by sally

Jayasinghe v Liyanage [2010] EWHC 265 (Ch); [2010] WLR (D) 44

“The adjudicator to the Land Registry had jurisdiction to conduct a trial of the question of beneficial entitlement to property where an objection to an application was made to the registrar and the matter referred to the adjudicator under s 73(7) of the Land Registration Act 2002.”

WLR Daily, 18th February 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.

Ali and Another v Birmingham City Council – Times Law Reports

Posted February 19th, 2010 in law reports by sally

Ali and Another v Birmingham City Council

Supreme Court

“The provision of social welfare benefits, such as accommodation for the homeless, which were dependent on upon a series of evaluative judgments by the responsible authority as to whether the statutory criteria were satisfied and how a claimant’s need ought to be met, did not involve a determination of the claimant’s civil rights within the meaning of article 6.1 of the European Convention on Human Rights.”

The Times, 19th February 2010

Source: www.timesonline.co.uk

Midwife wins appeal against being struck off – The Independent

Posted February 19th, 2010 in appeals, midwives, news by sally

“A midwife won a High Court appeal against being struck off today after a judge ruled she did not have a fair hearing.”

Full story

The Independent, 18th February 2010

Source: www.independent.co.uk

Bill ‘will allow schools to teach that homosexuality is wrong’ – The Guardian

Posted February 19th, 2010 in bills, contraception, education, homosexuality, news by sally

“Campaigners today accused the government of performing a U-turn over sex education in faith schools, after changes to a bill they said would allow the schools to discourage the use of contraception and teach that homosexuality is wrong.”

Full story

The Guardian, 18th February 2010

Source: www.guardian.co.uk

Defendant in historic trial without jury goes on run from High Court – The Independent

Posted February 19th, 2010 in fugitive offenders, news, robbery, trial without jury by sally

“When the trial of a gang of suspected armed robbers started at the High Court last month it made legal history as the first British criminal case to take place without a jury in more than 400 years. Now the courtroom has lost another key feature: one of the defendants.”

Full story

The Independent, 19th February 2010

Source: www.independent.co.uk

Former soldier wins reduced award in harassment case – The Guardian

Posted February 19th, 2010 in armed forces, compensation, news, sex discrimination by sally

“A former soldier who turned down a pre-trial £60,000 offer said she was not disappointed with the outcome after being awarded less than £7,000 yesterday for harassment by male colleagues.”

Full story

The Guardian, 19th February 2010

Source: www.guardian.co.uk

Chinest herbalist’s tablets caused ‘terrible harm’ – The Times

Posted February 18th, 2010 in news by sally

“A Chinese herbalist was given a two-year conditional discharge yesterday after having admitted selling dangerous pills to a woman who then developed kidney failure and cancer.”

Full story

The Times, 18th February 2010

Source: www.timesonline.co.uk

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

Posted February 18th, 2010 in consultations, legal aid, news, pre-action conduct by sally

“The Bar Council’s pre-action protocol letters for judicial review of two consultations which are being conducted by the Ministry of Justice and the Legal Services Commission, have been delivered today (17 February).”

Full story

The Bar Council, 17th February 2010

Source: www.barcouncil.org.uk

Publish confidential child crime reports in full, say social workers – The Times

Posted February 18th, 2010 in news by sally

“Confidential inquiries into crimes against children such as the Edlington torture case should be published in full, according to the body representing thousands of social workers.”

Full story

The Times, 18th February 2010

Source: www.timesonline.co.uk

Bilkus v Stockler Brunton (a firm) – WLR Daily

Posted February 18th, 2010 in appeals, costs, law reports, solicitors by sally

Bilkus v Stockler Brunton (a firm) [2010] EWCA Civ 101; [2010] WLR (D) 43

“When a solicitor rendering his invoice to a client charged an uplift fee he had to give careful attention to the question whether the work charged for was contentious or non-contentious work.”

WLR Daily, 17th February 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.

O’Beirne v Hudson – WLR Daily

Posted February 18th, 2010 in appeals, consent orders, costs, law reports by sally

O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42

“Where a consent order provided for costs to be assessed on the standard basis the costs judge was not entitled to vary that order or to assess by reference to the small claims track. The costs judge was entitled to take account of all circumstances including the fact that had the case been allocated it would have been allocated to the small claims track. The costs judge had to have regard to what could or could not be recovered if so allocated. The test was whether it was reasonable for the paying party to pay more than would have been recoverable in a case that should have been allocated to the small claims track.”

WLR Daily, 17th February 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.

Eweida v British Airways plc – Times Law Reports

Posted February 18th, 2010 in law reports by sally

Eweida v British Airways plc

Court of Appeal

“Because it was not a requirement of Christianity that adherents had to wear a public display of their faith, it was not indirect discrimination for an employer’s dress code to prevent a staff member from wearing a cross as a visible neck adornment.”

The Times, 18th February 2010

Source: www.timesonline.co.uk

Regina (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Posted February 18th, 2010 in law reports by sally

Regina (Ghai) v Newcastle upon Tyne City Council

Court of Appeal

“A generous, rather than a restricted construction should be given to the word ‘building’ in the Cremation Act 1902.”

The Times, 18th February 2010

Source: www.timesonline.co.uk

Repealing the Human Rights Act may not be as alarming as it seems – The Times

Posted February 18th, 2010 in news by sally

“The Human Rights Act came into force ten years ago, in 2000, yet already all three major parties propose to amend it. The Government proposes a Bill of Rights and Responsibilities, bringing together rights such as free healthcare, victims’ rights and equality, which, in Jack Straw’s words, ‘are scattered across the UK’s legal and political landscape’.”

Full story

The Times, 18th February 2010

Source: www.timesonline.co.uk