Cheltenham director Christine Laird sued for ‘lying about illness’ – The Times

Posted January 28th, 2009 in mental health, misrepresentation, news by sally

“A local authority accused its former managing director of fraudulent behaviour and deceit yesterday, claiming that she withheld her history of depressive illness when applying for the job.”

Full story

The Times, 28th January 2009

Source: www.timesonline.co.uk

Thousands of care homes face £50,00 fine over failure to reach basic standard – The Times

Posted January 28th, 2009 in care homes, news by sally

“One in five residential care homes in England flouts national minimum standards and could face fines of up to £50,000 when a new regulator takes over this year, the industry has been warned.”

Full story

The Times, 28th January 2009

Source: www.timesonline.co.uk

Mother wins drive ban law change – BBC News

Posted January 27th, 2009 in alcohol abuse, dangerous driving, news, sentencing by sally

“A Teesside mother, whose daughter was killed by a drink-driver, has helped win a change in the law on bans served by jailed motorists.”

Full story

BBC News, 27th January 2009

Source: www.bbc.co.uk

Man jailed over footballer raid – BBC News

Posted January 27th, 2009 in handling stolen goods, news, sentencing by sally

“A man has been jailed for two-and-a-half years for handling a haul of goods stolen from the Liverpool midfielder Lucas Leiva.”

Full story

BBC News, 27th January 2009

Source: www.bbc.co.uk

Baby death official is struck off – BBC News

Posted January 27th, 2009 in child abuse, news, professional conduct, social services by sally

“A social worker has been struck off for showing ‘extremely poor judgement’  in dealing with a case in which a 13-month-old boy was later murdered.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

BAILII : Recent Decisions

Posted January 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15 (26 January 2009)

High Court (Administrative Court)

Amber Valley Borough Council v Secretary of State for Communities and Local Government [2009] EWHC 80 (Admin) (23 January 2009)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd. [2009] EWHC 79 (QB) (26 January 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 27th, 2009 in legislation by sally

The Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008

The A65 Trunk Road (From M6 Junction 36 to the Roundabout Junction with the A59) (Detrunking) Order 2008

The Wireless Telegraphy (Vehicle Based Intelligent Transport Systems) (Exemption) Regulations 2009

The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2009

The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008

Source: www.opsi.gov.uk

Clarence House Ltd v National Westminster Bank plc – WLR Daily

Posted January 27th, 2009 in assignment, covenants, law reports, leases by sally

Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22

“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”

WLR Daily, 26th January 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.

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 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.

R (Wright and others) v Secretary of State for Health and another – WLR Daily

Posted January 27th, 2009 in care workers, human rights, law reports by sally

R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20

The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”

WLR Daily, 26th January 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.

R (Black) v Secretary of State for Justice – WLR Daily

Posted January 27th, 2009 in human rights, law reports, prisons, release on licence by sally

R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19

S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not infringe art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 26th January 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.

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted January 27th, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th January 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.

Costly mobile service providers must seek prior approval from regulator – OUT-LAW.com

Posted January 27th, 2009 in consumer protection, news, telecommunications by sally

“Mobile phone content providers who charge more that £4.50 a week for their services must seek the permission of premium-rate regulator PhonepayPlus to operate, under new rules which take immediate effect.”

Full story

OUT-LAW.com, 26th January 2009

Source: www.out-law.com

Cannabis is now a Class B drug – Home Office

Posted January 27th, 2009 in drug offences, news, press releases by sally

“Concerns about effects of ‘skunk’ and the mental health of users lead to the change.”

Full press release

Home Office, 26th January 2009

Source: www.homeoffice.gov.uk

VAT – The Bar Council

Posted January 27th, 2009 in fees, legal profession, news, VAT by sally

“Letter received from the Legal Services Commission regarding VAT on Advocates’ Graduated Fee Scheme and Solicitor Standard Fee Claims.”

Full letter

The Bar Council, 27th January 2009

Source: www.barcouncil.org.uk

Council fined after boy impaled – BBC News

Posted January 27th, 2009 in fines, health & safety, news by sally

“A Greater Manchester council has been fined £25,000 after a four-year-old boy was impaled on a tree branch during a nursery school outing.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

Builder guilty of nurse’s murder – BBC News

Posted January 27th, 2009 in murder, news by sally

“A builder has been convicted of the murder of a nurse he strangled with her own blouse during a burglary.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

Data Bill ‘will wipe out privacy at a stroke’ – The Independent

Posted January 27th, 2009 in data protection, news, privacy by sally

“Sweeping new laws to allow ministers to release the private details of millions of people to a string of public bodies or private firms have been condemned as being  ‘open sesame to a vast increase in government power’.”

Full story

The Independent, 27th January 2009

Source: www.independent.co.uk

Man fined over bogus palace water – BBC News

Posted January 27th, 2009 in news, trade descriptions by sally

“A businessman has been fined £6,000 for selling bottled water as being from Blenheim Palace when it could have come from his Welsh farm or factory.”

Full story

BBC News, 26th Janaury 2009

Source: www.bbc.co.uk

High Court bid to block eco-towns – BBC News

Posted January 27th, 2009 in housing, judicial review, news, planning by sally

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk