Hartlepool Borough Council v Llewellyn – WLR Daily

Posted July 1st, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”

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.

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

Posted July 1st, 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) 215

“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 for the 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, 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.

Progress Property Co Ltd v Moore and another – WLR Daily

Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214

“The sale of a company’s assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the person arranging the sale honestly believed the transaction to be other than a gratuitous distribution of the company’s assets to shareholder, even though that person was the director of the selling and buying companies.”

WLR Daily, 29th 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.

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily

Posted July 1st, 2009 in asylum, dangerous offenders, law reports, regulations, ultra vires by sally

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213

“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”

WLR Daily, 29th 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.

Recent Statutory Instruments – OPSI

Posted July 1st, 2009 in legislation by sally

The Mid Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 2009

The Pension Protection Fund (Entry Rules) (Amendment) Regulations 2009

The Childcare (Provision of Information About Young Children) (England) Regulations 2009

The School Organisation and Governance (Amendment) (England) Regulations 2009

The Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2009

The Education (Assisted Places) (Amendment) (England) Regulations 2009

The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

The Education (School Inspection) (England) (Amendment) Regulations 2009

The Social Security (Students and Miscellaneous Amendments) Regulations 2009

The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) (Amendment) Order 2009

The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) (Amendment) Order 2009

Source: www.opsi.gov.uk

Youth Crime Action Plan – responses to consultation – Ministry of Justice

Posted July 1st, 2009 in crime, press releases, young offenders by sally

“The government has published a summary of the responses to its consultation on the Youth Crime Action Plan issued on 16 July 2008.”

Full press release

Ministry of Justice, 25th June 2009

Source: www.justice.gov.uk

Seatbelt dodgers face tougher penalties – Home Office

Posted July 1st, 2009 in fines, press releases, road safety by sally

“Motorists caught without a seatbelt will now face on-the-spot fines of £60.”

Full press release

Home Office, 29th June 2009

Source: www.homeoffice.gov.uk

Companies will have to justify different treatment of old people, Government says – OUT-LAW.com

Posted July 1st, 2009 in age discrimination, news by sally

“Financial services and insurance companies will have to justify any unfavourable treatment of older people while car hire companies will not be allowed to refuse to serve old people under new proposals drawn up by the Government.”

Full story

OUT-LAW.com, 1st July 2009

Source: www.out-law.com

Retail investment reforms are a call to action for the industry, says FSA – OUT-LAW.com

Posted July 1st, 2009 in consumer protection, financial advice, news by sally

“The Financial Services Authority’s proposed new rules for the retail investment industry will impose a complete ban on commission-based sales and require firms to tell customers from the outset whether or not their advice is independent and how much it will cost.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

MPs’ second jobs to be disclosed – BBC News

Posted July 1st, 2009 in news, parliament, remuneration by sally

“New rules have come into force requiring MPs to disclose all income they receive from second jobs and how much time they devote to them.”

Full story

BBC News, 1st July 2009

Source: www.bbc.co.uk

Ten years for triple death driver – BBC News

Posted July 1st, 2009 in dangerous driving, news, sentencing by sally

“A 24-year-old motorist who killed three teenagers – one of whom was pregnant – and paralysed a fourth when he crashed at speed has been jailed for 10 years.”

Full story

BBC News, 29th June 2009

Source: www.bbc.co.uk

Lords asked to alter law to protect children forced into prostitution – The Guardian

Posted July 1st, 2009 in children, news, prostitution by sally

“Children forced to work as prostitutes are being deterred from seeking help because of the threat of prosecution, according to a coalition of youth justice groups. Decriminalising the offence of soliciting for those aged under 18 would recognise that they are victims of abuse and aid detectives’ efforts to combat enforced trafficking of foreign children into the UK, the charities claimed. An attempt to alter the law will made in the House of Lords tomorrow, when peers will be urged to support an amendment during the committee stage of the policing and crime bill.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Army instructors ‘bullied recruits at Catterick Garrison’ – Daily Telegraph

Posted July 1st, 2009 in armed forces, bullying, news by sally

“Three Army training instructors appeared at a military court at the Catterick Garrison in North Yorkshire accused of bullying and ill-treating young recruits.”

Full story

Daily Telegraph, 1st July 2009

Source: www.telegraph.co.uk

Disabled officer to be compensated after bridge bravery jump – Daily Telegraph

Posted July 1st, 2009 in armed forces, compensation, news, personal injuries by sally

“A young officer who was left paraplegic when he leapt 65 feet into a reservoir to prove his bravery has won the right to millions in compensation from the Ministry of Defence.”

Full story

Daily Telegraph, 1st July 2009

Source: www.telegraph.co.uk

Army faces 20 more abuse claims from Iraqi civilians – The Independent

Posted July 1st, 2009 in armed forces, Iraq, news, torture by sally

“The British Army faces 20 fresh claims of torture and abuse of Iraqi civilians in a series of damaging cases being prepared by human rights lawyers in the High Court in London.”

Full story

The Independent, 1st July 2009

Source: www.independent.co.uk

‘Nun and priest set to kiss’ ad campaign banned by watchdog – The Guardian

Posted July 1st, 2009 in advertising, news by sally

“A newspaper advertising campaign for ice cream featuring a nun and a priest featuring a young nun and priest about to share a kiss has been banned by the advertising watchdog following complaints that it was offensive to those working in a religious order.”

Full story

The Guardian, 1st July 2009

Soure: www.guardian.co.uk

Passport details to be kept on ID register despite card U-turn – The Guardian

Posted July 1st, 2009 in identity cards, news, passports by sally

“British citizens who apply for or renew their passport will be automatically registered on the national identity card database under regulations to be approved by MPs in the next few weeks.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Alan Johnson: ID cards ‘will never be compulsory’ for Britons – The Times

Posted July 1st, 2009 in identity cards, news by sally

“Alan Johnson signalled a significant reversal over the Government’s identity card policy yesterday when he ruled out making them compulsory for British citizens.”

Full story

The Times, 1st July 2009

Source: www.timesonline.co.uk

Joint enterprise – BBC News

Posted June 30th, 2009 in joint enterprise, murder, news by sally

“How do you solve a murder where a gang is involved, there is no evidence as to who inflicted the fatal blow, and no-one is talking?”

Full story

BBC News, 30th June 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 30th, 2009 in law reports by sally

Court of Appeal (Civil Division)

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

High Court (Queen’s Bench Division)

Smith v LC Window Fashions Ltd [2009] EWHC 1532 (QB) (30 June 2009)

High Court (Administrative Division)

Faulkner, R (on the application of) v Secretaru of State for Justice & Anor [2009] EWHC 1507 (Admin) (05 June 2009)

W v Warrington Magistrates Court [2009] EWHC 1538 (Admin) (30 June 2009)

Source: www.bailii.org