British Sky Broadcasting Group plc and another v Competition Commission and another – WLR Daily
“In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. S 120(4) of the Competition Act 1998 required the appeal tribunal to apply the same principles as would be applied by a court on an application for judicial review. It would fly in the face of the section’s words if the tribunal, as a hyper-competent specialised tribunal, were required to undertake a more intensive review.”
WLR Daily, 21st January 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.
R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) – WLR Daily
“Where an individual was subject to two or more sets of proceedings, or phases of a single proceeding, and a civil right or obligation enjoyed or owed by him would be determined in one of them, he could (but not necessarily would), by force of art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, enjoy appropriate procedural rights in relation to another of them if its outcome would have a substantial influence or effect on the determination of the civil right or obligation. Accordingly, disciplinary proceedings which could lead to a teacher being statutorily barred from working with children were determinant of an individual’s right to practice his profession and art 6 was engaged by those proceedings.”
WLR Daily, 21st January 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.
Regina (Boyejo and Others) v Barnet London Borough Council; Regina (Smith) v Portsmouth City Council – Times Law Reports
Regina (Boyejo and Others) v Barnet London Borough Council; Regina (Smith) v Portsmouth City Council
Queen’s Bench Division
“References in documentation before decision-makers to disabilities or to rights of equality, was not sufficient to fulfil the statutory requirement of such recognition.”
The Times, 22nd January 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
M-W (A Child), Re [2010] EWCA Civ 12 (21 January 2010)
McHale v Cadogan [2010] EWCA Civ 14 (21 January 2010)
British Sky Broadcasting Group Plc v The Competition Commission [2010] EWCA Civ 2 (21 January 2010)
High Court (Chancery Division)
Biddle & Company (a firm) v Tetra Pak Ltd & Ors [2010] EWHC 54 (Ch) (21 January 2010)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Supablast (Nationwide) Ltd. v Story Rail Ltd. [2010] EWHC 56 (TCC) (21 January 2010)
High Court (Commercial Court)
ING Bank N.V. v Ros Roca S.A. [2010] EWHC 50 (Comm) (21 January 2010)
Source: www.bailii.org
Judge is refused care authorities’ report in Edlington torture case – The Times
“Care authorities have refused to allow a High Court judge to read a confidential report into their handling of two young brothers who sadistically tortured two children and left them for dead.”
The Times, 22nd January 2010
Source: www.timesonline.co.uk
Juicy twist in Vivian Imerman’s divorce – The Times
“A business tycoon’s estranged wife has won the right to use 20,000 documents stolen from his computer in her battle for a slice of his £300 million fortune.”
The Times, 22nd January 2010
Source: www.timesonline.co.uk
Attorney General supports fresh inquest for student – BBC News
“The Attorney General has said there is an ‘unanswered question’ over the death of a north London student allegedly involved with a right-wing group.”
BBC News, 21st January 2010
Source: www.bbc.co.uk
FSA gets tough on client money – The Times
“The Financial Services Authority (FSA) has criticised the UK’s insurance and investment industry for failing to safeguard client money and announced that it is investigating two businesses and has frozen the assets of a third over the issue.”
The Times, 21st January 2010
Source: www.timesonline.co.uk
Mother who used heroin to kill her son launches appeal – BBC News
“A mother jailed for life for murdering her disabled son by injecting him with heroin at a care home is to appeal against the sentence and conviction.”
BBC News, 21st January 2010
Source: www.bbc.co.uk
When is it right to take the law into our own hands? – The Independent
“One committed a violent attack on a burglar. The other was guilty of the mercy killing of her brain-damaged son. One is free. The other starting a nine-year sentence. Paul Vallely examines the issues raised by their contrasting treatment.”
The Independent, 22nd January 2010
Source: www.independent.co.uk
Ex-magistrate stripped of £4.1m after fraud – The Independent
“A former magistrate who was jailed for a £38,000 fraud was ordered to give up his assets worth £4.1 million at a confiscation hearing today.”
The Independent, 21st January 2010
Source: www.independent.co.uk
Government proposes slashing libel lawyers’ success fees – OUT-LAW.com
“The Government plans to slash the success fees that no-win no-fee lawyers can claim in libel cases. The proposed action is part of the Ministry of Justice’s reform of libel law.”
OUT-LAW.com, 21st January 2010
Source: www.out-law.com
Do you know the hidden agenda of the Equality Bill? – OUT-LAW.com
“OPINION: Employment lawyers and HR professionals would be well advised to keep a close eye on the progress of the Equality Bill, currently being debated in the House of Lords. Initially intended as a legislative sweep-up, it now proposes major policy changes.”
OUT-LAW.com, 21st January 2010
Source: www.out-law.com
Sky ordered to sell down stake in ITV – The Guardian
“The court of appeal today ordered BSkyB to sell down its 17.9% stake in ITV.”
The Guardian, 21st January 2010
Source: www.guardian.co.uk
‘Devious’ mother jailed over £80,000 benefits fraud – The Independent
“A ‘devious, calculating’ mother-of-three fraudulently claimed over £80,000 in benefits despite living outside the UK, a council said today.”
The Independent, 21st January 2010
Source: www.independent.co.uk
Greater media scrutiny necessary to increase accountability in family courts – Ministry of Justice
“Legislative proposals included in the Children, Schools and Families Bill should encourage media attendance at family court cases, the Ministry of Justice said today.”
Ministry of Justice, 21st January 2010
Source: www.justice.gov.uk
Recent Statutory Instruments – OPSI
The Cardiff to Glan Conwy Trunk Road (A470) (Cwm-bach to Newbridge-on-Wye) Order 2009
The Cross-Border Payments in Euro Regulations 2010
The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010
The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010
The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010
The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010
The Social Security (Loss of Benefit) Amendment Regulations 2010
Source: www.opsi.gov.uk
Jackson’s proposals on civil litigation costs divide legal profession – The Times
“Going to law is expensive, favouring those with deep pockets. If you are of modest means, you are at a serious disadvantage.”
The Times, 20th January 2010
Source: www.timesonline.co.uk