Bankers consider legal action over bonuses – The Times

Posted February 10th, 2009 in news, remuneration by sally

“Banks could face legal action by disgruntled workers if they are denied bonuses, a leading employment lawyer said.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

Surveillance needs better control, warn Lords – OUT-LAW.com

Posted February 10th, 2009 in investigatory powers, news, privacy by sally

“The fundamental relationship between Government and the people of the UK is at risk because of the increasing surveillance being carried out by the state and by private bodies, a House of Lords Committee has said.”

Full story

OUT-LAW, 10th February 2009

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted February 10th, 2009 in legislation by sally

The Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2009

The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2009

The European Parliamentary Elections (Amendment) Regulations 2009

The Aerodromes (Designation) (Chargeable Air Services) (Revocation) Order 2009

The Air Passenger Duty (Rate) (Qualifying Territories) (Variation of Description) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2) 2009

Source: www.opsi.gov.uk

O’Brien v Department for Constitutional Affairs – Times Law Reports

Posted February 10th, 2009 in judiciary, law reports, pensions by sally

O’Brien v Department for Constitutional Affairs

Court of Appeal

“A part-time fee-paid judicial office holder was not entitled to claim that he had been subjected to less favourable treatment when he was refused a pension on retirement from office.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Yearworth and Others v North Bristol NHS Trust – Times Law Reports

Posted February 10th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and Others v North Bristol NHS Trust

Court of Appeal

“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Child Support Agency v Truman – WLR Daily

Posted February 10th, 2009 in disability discrimination, law reports by sally

Child Support Agency v Truman; [2009] WLR (D) 40

“The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] AC 1399, and not the test as previously stated in Clark v Novacold Ltd [1999] ICR 951.”

WLR Daily, 9th February 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.

Oak Investment Partners XII v Boughtwood and others – WLR Daily

Posted February 10th, 2009 in company law, law reports, shareholders, unfairly prejudicial conduct by sally

Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39

“In an appropriate case, where a significant shareholder, who, as a result of being such a shareholder, was appointed to a management role within the company, then engaged in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct was capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.”

WLR Daily, 9th February 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.

Freshfields puts the brake on spiral of law salaries – The Times

Posted February 10th, 2009 in law firms, news, remuneration by sally

“Freshfields Bruckhaus Deringer, one of Britain’s oldest law firms, yesterday called a ceasefire in a pay war in which starting salaries for City lawyers have risen to more than £90,000.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

Low-alcohol wine manufacturer fights ban – The Times

Posted February 10th, 2009 in alcohol abuse, EC law, food, news by sally

“The food standards watchdog was accused yesterday of a ‘heavy handed abuse of power’ in banning a new low-alcohol wine in the face of Government policy urging people to drink sensibly.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

Complaint lodged with watchdog over Smith’s expenses – The Independent

Posted February 10th, 2009 in expenses, news, parliament by sally

“A complaint has been made to the parliamentary sleaze watchdog about Home Secretary Jacqui Smith claiming allowances for a second home while living as a lodger with her sister, it was confirmed today.”

Full story

The Independent, 9th February 2009

Source: www.independent.co.uk

Lawyer of alleged torture victim makes plea to MPs – The Guardian

Posted February 10th, 2009 in mental health, news, torture by sally

“The British resident at the centre of a legal battle over alleged torture could leave Guantánamo Bay insane or in a coffin if the case continues to be dragged out, his lawyer said yesterday.”

Full story

The Guardian, 10th February 2009

Source: www.guardian.co.uk

Jury blasts staff over death in cell – The Times

Posted February 10th, 2009 in inquests, mental health, news, prisons, suicide by sally

“Staff at a privately run jail failed to do all they could to ensure the safety of an inmate who killed himself while suffering a mental illness, a coroner’s jury ruled yesterday.”

Full story 

The Times, 10th February 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No 70 of 2008 [2009] EWCA Crim 100 (21 January 2009)

Court of Appeal (Civil Division)

Masri v Consolidated Contractors (Oil and Gas) Company Sal [2009] EWCA Civ 36 (06 February 2009)

High Court (Chancery Division)

Oak Investment Partners XII, Ltd. Partnership v Boughtwood & Ors [2009] EWHC 176 (Ch) (06 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 9th, 2009 in legislation by sally

The European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2009

The Public Service Vehicles Accessibility (Amendment) Regulations 2009

The Road Vehicles (Construction and Use) (Amendment) Regulations 2009

The Financial Assistance For Industry (Increase of Limit) Order 2009

The Companies Act 2006 (Accounts, Reports and Audit) Regulations 2009

Source: www.opsi.gov.uk

Guidance on the law applicable to non-contractual obligations (Rome II) – Ministry of Justice

Posted February 9th, 2009 in conflict of laws, EC law, news by sally

“A guide to the main provisions in the European Community regulation on the law applicable to non-contractual obligations (Rome II), which came into force on 11 January 2009.”

Full story

Ministry of Justice, 9th February 2009

Source: www.justice.gov.uk

Haringey London Borough Council v Department of Children, Schools and Families and another – WLR Daily

Posted February 9th, 2009 in adoption, law reports by sally

Haringey London Borough Council v Department of Children, Schools and Families and another; [2009] WLR (D) 38

“S 84(4) of the Adoption and Children Act 2002 did not require that the period of ten weeks referred to in that section be spent in the United Kingdom.”

WLR Daily, 6th February 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.

Diggins v Condor Marine Crewing Services Ltd – WLR Daily

Posted February 9th, 2009 in employment tribunals, jurisdiction, law reports, ships, unfair dismissal by sally

Diggins v Condor Marine Crewing Services Ltd; [2009] WLR (D) 37

“The claimant, who lived in the United Kingdom and was employed as a chief officer on a ferry registered in Nassau which sailed from Portsmouth to the Channel Islands, returning to Portsmouth each working day, was entitled to bring a claim of unfair dismissal and was not excluded by the provisions relating to mariners in s 199 of the Employment Rights Act 1996.”

WLR Daily, 6th February 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.

ZT (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted February 9th, 2009 in asylum, news by sally

ZT (Kosovo) v Secretary of State for the Home Department

House of Lords

“When a claim for asylum had been rejected as clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002, and the claimant made further submissions, the Secretary of State for the Home Department had to consider whether those further submissions created a realistic prospect of success under rule 353 of the Immigration Rules (HC 395) and not whether they were clearly unfounded under section 94 of the 2002 Act.”

The Times, 9th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ecstasy should be downgraded to class B drug say government advisers – Daily Telegraph

Posted February 9th, 2009 in drug offences, news by sally

“Ecstasy should be downgraded to a class B drug, the government’s drugs advisers are to recommend.”

Full story

Daily Telegraph, 7th February 2009

Source: www.telegraph.co.uk

Government compiles travel records database – The Independent

Posted February 9th, 2009 in data protection, news by sally

“The Government is compiling a database to track and store the international travel records of millions of people. ”

Full story

The Independent, 8th February 2009

Source: www.independent.co.uk