Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37; [2009] WLR (D) 222

“When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be likely to have substantial adverse effects but for those measures, the word “likely” did not mean probable but ‘could well happen’. It followed that a woman whose propensity to develop vocal nodules was controlled by a strict management regime based on avoiding raising her voice, but which “could well” return and cause substantial adverse effects if that regime was not followed, was disabled for the purposes of the Act and her former employer, who had decided to place her in a noisier work environment despite her claim that it would require her to speak louder and so jeopardise her voice management regime, had to answer her claim that they had failed to make reasonable adjustments for her disability.”

WLR Daily, 1st 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.

Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) – WLR Daily

Posted July 2nd, 2009 in homelessness, housing, law reports by sally

Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) [2009] UKHL 36; [2009] WLR (D) 221

“Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short term, it being a question of fact whether the period was too long, but the authority had not been entitled to rely on its allocation policy to fulfil its duty. It had not been reasonable for a woman to continue to occupy a women’s refuge indefinitely, and she had accordingly remained “homeless” under the Housing Act 1996.”

WLR Daily, 1st 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.

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 2nd, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 220

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct in respect of an offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 1st 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.

R (Allen) v Inner North London Coroner – WLR Daily

Posted July 2nd, 2009 in detention, human rights, inquests, law reports, mental health by sally

R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219

“An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to life.”

WLR Daily, 1st 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.

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another – Times Law Reports

Posted July 2nd, 2009 in contracts, evidence, interpretation, law reports, rectification by sally

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another

House of Lords

“There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant.”

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Sarcastic, rude: is this the way to question child witnesses? – The Times

Posted July 2nd, 2009 in children, cross-examination, news, witnesses by sally

“The cross-examination of the four- year-old girl in the Baby Peter-related rape trial raised uncomfortable questions about how the justice system treats child witnesses.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Ronnie Biggs to remain in jail – The Guardian

Posted July 2nd, 2009 in news, parole by sally

“Ronnie Biggs, the man at the centre of Britain’s great train robbery, will remain in prison after the justice secretary, Jack Straw, refused to grant him parole.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Unsolicited credit card cheques to be banned – The Independent

Posted July 2nd, 2009 in consumer credit, consumer protection, news by sally

“The Government will today set out details of its plan to ban lenders from sending out unsolicited credit card cheques to consumers. The Government will today set out details of its plan to ban lenders from sending out unsolicited credit card cheques to consumers.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

Blow to politics clean-up bill as MPs defend parliamentary privilege – The Guardian

Posted July 2nd, 2009 in news, parliamentary privilege by sally

“The government’s efforts to rush through emergency legislation to clean up politics tonight took a second knock in as many days as it was defeated in its attempts to make it easier to secure prosecutions in alleged cases of ‘cash for questions’.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Amending the law on the DNA database needs proper scrutiny – The Times

Posted July 2nd, 2009 in criminal records, DNA, human rights, news by sally

“Last December the European Court of Human Rights decided in S and Marper v The United Kingdom that the retention by the State of DNA profiles is a breach of Article 8 of the European Convention on Human Rights. That is because information about people arrested for, or charged with, an offence but not subsequently convicted, is kept on the national DNA database for an unlimited period of time. The Government has accepted the judgment of the European court and announced that it will change the law to ensure compliance. But its proposed method of doing so is unsatisfactory and needs reconsideration.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Speeding motorcyclist jailed after policeman uses Google to expose lies – Daily Telegraph

Posted July 1st, 2009 in internet, news, police, road traffic offences by sally

“A speeding motorcyclist has been jailed after a traffic policeman used Google to expose his false claims that an American woman had been riding his bike at the time.”

Full story

Daily Telegraph, 1st July 2009

Source: www.telegraph.co.uk

NHS faces huge claim for damages – BBC News

Posted July 1st, 2009 in assault, class actions, hospitals, medical treatment, mental health, news by sally

“Lawyers are preparing a multi-million pound damages claim against the NHS for adults with learning difficulties who were abused while in care in Cornwall.”

Full story

BBC News, 1st July 2009

Source: www.bbc.co.uk

Treasury faces legal action over ‘dirty’ banking investments – The Guardian

Posted July 1st, 2009 in banking, environmental protection, nationalisation, news by sally

“Campaign groups say bank bailout breaches government’s own policies on reducing carbon emissions by lending money to coal, oil and gas companies.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Football is ‘vulnerable’ to money laundering, but no names named – The Guardian

Posted July 1st, 2009 in money laundering, news, sport, tax evasion by sally

“Today’s report by the Financial Action Task Force raises the spectre, in calm, plain language, that football is vulnerable to criminals, who might take over beloved local clubs or use the transfer system to launder dirty money or evade tax.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Early process evaluation of the Public Law Outline in family courts – Ministry of Justice

Posted July 1st, 2009 in family courts, press releases by sally

“A report presenting an early stage process evaluation of the Public Law Outline in family courts.”

Full press release

Ministry of Justice, 1st July 2009

Source: www.justice.gov.uk

Regina v James (Daniel) – Times Law Reports

Posted July 1st, 2009 in armed forces, law reports, official secrets act, spying by sally

Regina v James (Daniel)

Court of Appeal

“A member of the Armed Forces, however junior, serving abroad in a theatre of military operations, who chose to disclose information which might be of use to an enemy of the United Kingdom, or prejudicial to the interest and safety of his colleagues serving in a war zone, must expect a lengthy sentence for deterrence and punishment, even if the information disclosed was not proved to have caused any actual damage.”

The Times, 1st July 2009

Source: www.timesonline.co.uk

Regina v Clarke (Joseph) – Times Law Reports

Posted July 1st, 2009 in conditional discharge, confiscation, news, sentencing by sally

Regina v Clarke (Joseph)

Court of Appeal

“Where a defendant had been sentenced to an absolute or conditional discharge, the crown court had no power to impose a confiscation order.”

The Times, 1st July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 1st, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Ministry of Defence v Radclyffe [2009] EWCA Civ 635 (30 June 2009)

Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)

High Court (Commercial Court)

Noble Resources SA & Anor v Gross [2009] EWHC 1435 (Comm) (19 June 2009)

Jivraj v Hashwani [2009] EWHC 1364 (Comm) (26 June 2009)

Cooper Tire & Rubber Company Europe Ltd. & Ors v Shell Chemicals UK Ltd. & Ors [2009] EWHC 1529 (Comm) (01 July 2009)

Seadrill Management Services Ltd & Anor v OAO Gazprom [2009] EWHC 1530 (Comm) (01 July 2009)

Source: www.bailii.org

SmithKline Beecham plc and others v Avery and others – WLR Daily

Posted July 1st, 2009 in harassment, injunctions, law reports by sally

SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218

“The word ‘person’  in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its employees and others.”

WLR Daily, 30th June 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.

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another – WLR Daily

Posted July 1st, 2009 in contracting out, law reports, transfer of undertakings by sally

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another UKEAT/286/08; [2009] WLR (D) 217

“The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ‘service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee, by including in the definition of a transfer of an undertaking situations falling within reg 3(1)(b), outsourcing, in-sourcing and a change in the provision of services between contractors. The introduction of reg 3(1)(b) enabled a transfer to be established in any of the three situations if the activities previously carried out by client or contractor had ceased to be so carried out were instead carried out by the contractor or a new contractor or by the client.”

WLR Daily, 30th June 2009

Soource: 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.