BAILII: Recent Decisions

Posted February 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Austin v London Borough of Southwark [2009] EWCA Civ 66 (16 February 2009)

High Court (Queen’s Bench Division)

Haji-Ioannou v Mark Dixon Regus Group Plc & Anor [2009] EWHC 178 (QB) (06 February 2009)

High Court (Technology and Construction Court)

OSC Building Services Ltd v Interior Dimensions Contracts Ltd [2009] EWHC 248 (TCC) (08 January 2009)

Moduleco v Carillion [2009] EWHC 250 (TCC) (11 February 2009)

Source: www.bailii.org

Asian detective loses appeal over Met race battle – The Independent

Posted February 17th, 2009 in news, police, race discrimination, victimisation by sally

“An Asian detective locked in a race battle with Scotland Yard has lost his appeal against a decision clearing his employer of victimisation.”

Full story

The Independent, 17th February 2009

Source: www.independent.co.uk

Imageview Management Ltd v Jack – WLR Daily

Posted February 17th, 2009 in agency, fiduciary duty, law reports, sport by sally

Imageview Management Ltd v Jack [2009] EWCA Civ 63; [2009] WLR (D) 56

“An agent when negotiating with another person on behalf of his principal breached the fiduciary duty which he owed to his principal if at the same time he made with the other person an undisclosed side deal for his own benefit and there were a real possibility of conflict of interest. In such a case the agent was required to account to the principal in respect of the secret commission so received and was not entitled to receive any agency fees from the principal.”

WLR Daily, 17th February 2009

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.

SRM Global Master Fund LP v Commissioners of HM Treasury; RAB Special Situations (Master) Fund Ltd v Same; Grainger and others v Same – WLR Daily

Posted February 17th, 2009 in banking, compensation, law reports, nationalisation by sally

SRM Global Master Fund LP v Commissioners of HM Treasury; RAB Special Situations (Master) Fund Ltd v Same; Grainger and others v Same [2009] EWHC 227 (Admin); [2009] WLR (D) 55

“Ss 5(4) and 9(2) of the Banking (Special Provisions) Act 2008 and art 6 of the Northern Rock plc Compensation Order 2008 (SI 2008/718), the provisions establishing the assumptions upon which valuation of shares was carried out under a scheme for compensating shareholders subsequent to the nationalisation of Northern Rock plc, did not infringe the shareholders right to peaceful enjoyment of their possessions under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundmamental Freedoms (set out in Pt II of Sch 1 to the Human Rights Act 1998).”

WLR Daily, 16th February 2009

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.

Director of Public Prosecutions v Wright Regina (Scott) v Taunton Deane Magistrates Court – Times Law Reports

Posted February 17th, 2009 in hunting, law reports by sally

Director of Public Prosecutions v Wright Regina (Scott) v Taunton Deane Magistrates Court

Queen’s Bench Divisional Court

“The expression ‘hunt’ a wild mammal with a dog in section 1 of the Hunting Act 2004 did not include the activity of searching for a wild animal for the purpose of stalking or flushing it.”

The Times, 17th February 2009

Source: www.timesonline.co.uk

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

Barry v Southwark London Borough Council – Times Law Reports

Posted February 17th, 2009 in housing, law reports, unemployment by sally

Barry v Southwark London Borough Council

Court of Appeal

“When determining whether a person claiming housing assistance had been unemployed for no more than six months and was a worker, a housing authority was entitled to look at his employment record in order to tell whether the work was effective and genuine, and not marginal and ancillary.”

The Times, 17th February 2009

Source: www.timesonline.co.uk

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

Regulators demand clearer privacy policies – OUT-LAW.com

Posted February 17th, 2009 in news, privacy by sally

“Two-thirds of people surveyed by the UK privacy watchdog want marketing opt-outs to be clearer, while 62% want a clearer explanation of how personal information will actually be used. The survey found that 71% did not read or understand privacy policies.”

Full story

OUT-LAW.com, 16th February 2009

Source: www.out-law.com

Data on police accidents and firearms no longer sent to Home Office – Daily Telegraph

Posted February 17th, 2009 in firearms, news, police, statistics by sally

“Police will no longer have to tell the Home Office how many road accidents involve officers or when police use firearms in a controversial bid to cut red tape.”

Full story

Daily Telegraph, 16th February 2009

Source: www.telegraph.co.uk

Terrorist threat ‘exploited to curb civil liberties’ – The Independent

Posted February 17th, 2009 in human rights, news, terrorism by sally

“Dame Stella Rimington, the former head of MI5, has accused the Government of exploiting public fear of terrorism to restrict civil liberties. ”

Full story

The Independent, 17th February 2009

Source: www.independent.co.uk

Comment is Free: Judges possess the weapon to challenge surveillance – The Guardian

Posted February 17th, 2009 in investigatory powers, judiciary, news, privacy by sally

“The British are the most spied upon people in the democratic world, but only the judiciary can restrain parliament.”

Full story

The Guardian, 17th February 2009

Source: www.guardian.co.uk

High Court awards inventors £1.5m for outstanding work – OUT-LAW.com

Posted February 17th, 2009 in news, patents by sally

“Two researchers have been awarded £1.5 million under a little-used section of patent law which allows employees extra compensation for inventions which are of “outstanding benefit” to employers.”

Full story

OUT-LAW.com, 16th February 2009

Source: www.out-law.com

‘Laws strong enough’ after deaths – BBC News

Posted February 17th, 2009 in careless driving, news by sally

“A police officer has defended road laws after a Portuguese lorry driver was jailed for causing the deaths on the M6 of a family by careless driving.”

Full story

BBC News, 17th February 2009

Source: www.bbc.co.uk

Father jailed for taking on drug dealer – Daily Telegraph

Posted February 17th, 2009 in drug abuse, news, public order by sally

“A father was jailed for storming into a drug dealer’s home and flushing his heroin stash down the toilet.”

Full story

Daily Telegraph, 17th February 2009

Source: www.telegraph.co.uk

Anti-terror code ‘would alienate most Muslims’ – The Guardian

Posted February 17th, 2009 in Islam, news, terrorism by sally

“The government is considering plans that would lead to thousands more British Muslims being branded as extremists, the Guardian has learned. The proposals are in a counterterrorism strategy which ministers and security officials are drawing up that is due to be unveiled next month.”

Full story

The Guardian, 17th February 2009

Source: www.guardian.co.uk

New war of words over family legal aid cuts – The Times

Posted February 17th, 2009 in family courts, legal aid, news by sally

“With widespread job cuts and a recession in full swing, the news is hardly front page — but fresh hostilities have broken out over cuts to legal aid.”

Full story

The Times, 16th February 2009

Source: www.timesonline.co.uk

Whitehall devised torture policy for terror detainees – The Guardian

Posted February 17th, 2009 in intelligence services, news, terrorism, torture by sally

“A policy governing the interrogation of terrorism suspects in Pakistan that led to British citizens and residents being tortured was devised by MI5 lawyers and figures in government, according to evidence heard in court.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

Inquiry into tabloid payments to family of schoolboy father Alfie Patten – Daily Telegraph

Posted February 17th, 2009 in children, media, news by sally

“The media bidding war over the 13-year-old boy who fathered a child is to be investigated by the newspaper watchdog.”

Full story

Daily Telegraph, 16th February 2009

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted February 16th, 2009 in law reports by sally

High Court (Chancery Division)

Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch) (06 February 2009)

Hammonds (A Firm) v Danilunas & Ors [2009] EWHC 216 (Ch) (13 February 2009)

High Court (Administrative Court)

Hampshire Police Authority v Smith [2009] EWHC 174 (Admin) (12 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 16th, 2009 in legislation by sally

The Renewable Transport Fuel Obligations (Amendment) Order 2009

The Enactment of Extra-Statutory Concessions Order 2009

The Companies (Disclosure of Address) Regulations 2009

The European Communities (Definition of Treaties) (Agreements concluded under Article XXI GATS) Order 2009

The General Osteopathic Council (Constitution) Order 2009

The Armed Forces (Pensions)(Prescribed Modification) Order 2009

Source: www.opsi.gov.uk

Companies told to review rules to avoid ‘indirect’ religious discrimination – Daily Telegraph

Posted February 16th, 2009 in employment, employment tribunals, news, religious discrimination by sally

“Companies have been urged to review their workplace rules to ensure they are not discriminating against religious employees, after a sharp rise in the number of faith-related employment tribunals.”

Full story

Daily Telegraph, 16th February 2009

Source: www.telegraph.co.uk