Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Posted July 21st, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

Government slammed for failure over bogus colleges and economic migrants – The Times

Posted July 21st, 2009 in education, immigration, news by sally

“Private colleges should face compulsory regulation to prevent ‘bogus’ institutions from operating as a front for illegal immigration, a parliamentary committee recommends today.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

House of Lords reforms will remove hereditary principle – Ministry of Justice

Posted July 21st, 2009 in constitutional reform, news, parliament, peerages & dignities by sally

“Reforms unveiled today by Jack Straw as part of the Constitutional Reform and Governance Bill will remove the hereditary principle from the House of Lords and allow for the disqualification of peers found guilty of serious criminal offences.”

Full story

Ministry of Justice, 20th July 2009

Source: www.justice.gov.uk

Regional law firms take severe steps to cut costs – The Times

Posted July 21st, 2009 in law firms, news by sally

“Britain’s leading regional law firms, suffering even more severely from the downturn in the legal services market than their London rivals, are imposing drastic cost-cutting measures in an attempt to stave off further job losses.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted July 21st, 2009 in legislation by sally

The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009

The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

The Community Legal Service (Financial) (Amendment No. 2) Regulations 2009

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009

The Work and Families (Increase of Maximum Amount) Order 2009

The Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009

The Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009

The General Medical Council (Fitness to Practise) (Amendment) Rules Order of Council 2009

The Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009

The Parliamentary Pensions (Amendment) Regulations 2009

The General Insurers’ Technical Provisions (Appropriate Amount) (Tax) Regulations 2009

The Pensions Regulator (Delegation of Powers) Regulations 2009

Source: www.opsi.gov.uk

Non-Muslims turning to Sharia courts to resolve civil disputes – The Times

Posted July 21st, 2009 in dispute resolution, islamic law, news by sally

“Increasing numbers of non-Muslims are turning to Sharia courts to resolve commercial disputes and other civil matters, The Times has learnt.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

Equitable Life policyholders head to court – The Times

Posted July 21st, 2009 in compensation, insurance, maladministration, news by sally

“Equitable Life policyholders take their claim for compensation to the Royal Courts of Justice on Tuesday in a bid to overturn a Government ruling that gives them a fraction of what they say is a fair entitlement.”

Full story

The Times, 20th July 2009

Source: www.timesonline.co.uk

Legal aid tendering proposals postponed – The Independent

Posted July 21st, 2009 in law firms, legal aid, news, tenders by sally

“Ministers have postponed plans to make law firms bid for criminal legal aid work.”

Full story

The Independent, 21st July 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted July 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Dallah Estate & Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan [2009] EWCA Civ 755 (20 July 2009)

High Court (Administrative Court)

Bown v Bristol City Council [2009] EWHC 1747 (Admin) (20 July 2009)

Elvington Park Ltd & Anor v City of York Council [2009] EWHC 1805 (Admin) (20 July 2009)

The Cheesecake Shop Ltd (Or Masuka the Cheesecake Shop (UK) Ltd) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 1748 (Admin) (20 July 2009)

Barwick & Anor v Bridgend County Borough Council [2009] EWHC 1723 (Admin) (10 July 2009)

Source: www.bailii.org

Ex-boyfriend jailed for double shooting – The Guardian

Posted July 20th, 2009 in firearms, grievous bodily harm, murder, news, sentencing by sally

“A jilted boyfriend was jailed for lifetoday today for gunning down his girlfriend’s parents, after blaming them for breaking up their relationship.”

Full story

The Guardian, 20th July 2009

Source: www.guardian.co.uk

Google cleared of responsibility for indexing defamatory comments – Daily Telegraph

Posted July 20th, 2009 in defamation, internet, news by sally

“A landmark ruling in the High Court has cleared Google of all responsibility for indexing defamatory comments that appear in blogs, news articles and forums.”

Full story

Daily Telegraph, 20th July 2009

Source: www.telegraph.co.uk

Widow sues over Iraq ambush death – BBC News

Posted July 20th, 2009 in compensation, duty of care, Iraq, news by sally

“A widow whose security consultant husband died during an ambush in Iraq has begun a High Court claim for about £300,000 compensation over his death.”

Full story

BBC News, 20th July 2009

Source: www.bbc.co.uk

Oligarch challenges court ruling – The Independent

Posted July 20th, 2009 in contracts, jurisdiction, news, Russia by sally

“Russian oligarch Oleg Deripaska today challenged a court ruling that a £2 billion-plus lawsuit launched against him by a former friend should be tried in England rather than Russia.”

Full story

The Independent, 20th July 2009

Source: www.independent.co.uk

Police pay £3,000 to sex offender – BBC News

Posted July 20th, 2009 in damages, miscarriage of justice, news, sexual offences, wrongful arrest by sally

“A convicted paedophile has won more than £3,000 in damages from North Yorkshire Police for wrongful arrest.”

Full story

BBC News, 20th July 2009

Source: www.bbc.co.uk

Lawyers will launch £50m ‘litigation fund’ – The Times

Posted July 20th, 2009 in costs, law firms, news by sally

“Three lawyers are planning the flotation of a £50m fund that will make money by financing legal disputes and sharing in any damages awarded.”

Full story

The Times, 19th July 2009

Source: www.timesonline.co.uk

Criminal justice system ‘broken’, says thinktank – The Guardian

Posted July 20th, 2009 in criminal justice, inquiries, local government, news by sally

“The criminal justice system is ‘broken’ and ‘failing’ because decision-making is excessively centralised, according to a thinktank report published today.”

Full story

The Guardian, 20th July 2009

Source: www.guardian.co.uk

Access to justice: hope springs eternal – Speech by Lord Clarke of Stone-cum-Ebony

Posted July 20th, 2009 in civil justice, rule of law, speeches by sally

Access to justice: hope springs eternal (PDF)

Speech by Lord Clarke of Stone-cum-Ebony, Master of the Rolls

The Mary Ward Legal Advice Centre Annual Lecture, 15th July 2009

Source: www.judiciary.gov.uk

Management of Broadmoor high security hospital criticised after deaths – The Times

Posted July 20th, 2009 in death in custody, news, secure hospitals by sally

“Deaths at Broadmoor high security hospital and other institutions will be linked to management failures in a highly critical report this week.”

Full story

The Times, 20th July 2009

Source: www.timesonline.co.uk

Gutridge and others v Sodexo Ltd and another – WLR Daily

Posted July 20th, 2009 in employment, equal pay, law reports, sex discrimination, time limits by sally

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

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.

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) – WLR Daily

Posted July 20th, 2009 in competition, law reports, telecommunications by sally

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) [2009] EWCA Civ 683; [2009] WLR (D) 245

“Where the relevant regulator was considering whether a mobile telecommunications company had ‘significant market power’ under the governing statutory regime the dispute resolution powers of the regulator were properly to be disregarded.”

WLR Daily, 17th July 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.