In re Dairy Farmers of Britain Ltd – WLR Daily

In re Dairy Farmers of Britain Ltd [2009] EWHC 1389 (Ch); [2009] WLR (D) 201

“Parliament intended that Parts I and II of the Insolvency Act 1986 should not apply to an industrial and provident society (‘IPS’), and there was no reason for adopting a different approach to Part III of the Act, either generally or with specific reference to s 72A of the Act. Further, section 37 in Part III of the Act could have no specific application to receivers of an IPS.”

WLR Daily, 19th 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.

Copley v Lawn; Maden v Haller – WLR Daily

Posted June 22nd, 2009 in accidents, damages, insurance, law reports, negligence by sally

Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200

“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”

WLR Daily, 19th 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.

R v T; R v B; R v C; R v H – WLR Daily

R v T; R v B; R v C; R v H [2009] EWCA Crim 1035; [2009] WLR (D) 19

“A criminal trial without a jury did not contravene a defendant’s right to a fair trial where there was a real danger of jury tampering and proposed measures to prevent such interference did not sufficiently address the extent of the risk. On an application by the prosecution for a trial to be conducted without a jury in such circumstances the evidence should be disclosed to the fullest extent possible, but there would be cases where the evidence to demonstrate the risk of jury tampering would be so sensitive that it could only be addressed under public immunity interest principles and it would be contrary to the legislative purpose to make an order for disclosure which would, in effect, bring the prosecution to an end and enable those who had been involved in jury tampering to derail the trial.”

WLR Daily, 19th 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.

R (AK (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

Posted June 22nd, 2009 in appeals, asylum, law reports, tribunals by sally

R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198

“The phrase ‘further submissions’, in the context of the Secretary of State’s obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, whether new or not, and those representations could be short or long, advanced on either asylum or human rights grounds, and reasoned or unreasoned. Where further submissions had in fact been found to have been made, and the question of whether they had already been considered was being asked for the purposes of ascertaining whether they were ‘significantly different’, within the meaning of r 353, and therefore might amount to a fresh claim, it was clear that no particular form was required in which new material to be put before the Secretary of State had to be cast, and that such new material might assert a human rights or asylum claim in a different category from what had been claimed the first time and that, alternatively, the same category of claim may be persisted in, but new facts asserted to support it. Where such previously unconsidered further submissions were found to have been made and the question was being asked whether, taken together with previously considered material, they enjoyed a realistic prospect of success within the meaning of r 353, and amounted thereby to a fresh claim, ‘realistic prospect of success’ meant ‘more than a fanciful such prospect’ and was not the same as a case which was clearly unfounded, the latter being a case with no prospect of success.”

WLR Daily, 19th 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.

Video shows surveillance protesters bundled to ground by police – The Guardian

Posted June 22nd, 2009 in complaints, demonstrations, news, police by sally

“Two female protesters who challenged police officers for not displaying their badge numbers were bundled to the ground, arrested and held in prison for four days, according to an official complaint lodged today.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

Young offenders to face justice from neighbours – The Guardian

Posted June 22nd, 2009 in news, restorative justice, young offenders by sally

“Local communities must be given a greater say in determining the punishments meted out to young people if youth reoffending rates are to be reduced, says a leading thinktank.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

Tycoon Scot Young faces jail in £400m divorce – The Times

Posted June 22nd, 2009 in divorce, family courts, news by sally

“A secretive tycoon at the centre of one of Britain’s biggest divorce cases is facing jail over the whereabouts of his £400m fortune.”

Full story

The Times, 21st June 2009

Source: www.timesonline.co.uk

Doctor sacked in Baby P case sues hospital trust – The Independent

Posted June 22nd, 2009 in child abuse, doctors, news, unfair dismissal by sally

“The consultant paediatrician who was blamed for failing to notice that Baby P had a broken back and ribs days before his death is claiming compensation for unfair dismissal.”

Full story

The Independent, 20th June 2009

Source: www.independent.co.uk

Single mother given £1.2m fine for illegal downloads – Daily Telegraph

Posted June 22nd, 2009 in copyright, damages, internet, news by sally

“A single mother has been ordered to pay nearly £1.2 million in damages for illegally downloading 24 songs over the internet.”

Full story

Daily Telegraph, 19th June 2009

Source: www.telegraph.co.uk

End ‘cruel’ religious slaughter, say scientists – The Independent

Posted June 22nd, 2009 in animal cruelty, Islam, Judaism, news, slaughter by sally

“Religious slaughter techniques practised by Jews and Muslims are cruel and should be ended, says a scientific assessment from the Government’s animal welfare advisers.”

Full story

The Independent, 22nd June 2009

Source: www.independent.co.uk

Iraq inquiry likely to be public as Gordon Brown prepares for U-turn – The Guardian

Posted June 22nd, 2009 in inquiries, Iraq, news, war by sally

“The government has given its strongest indication yet that it may back down over plans to hold the forthcoming Iraq inquiry in secret.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

History-making divorcee Julia McFarlane is awarded an extra £100,000 a year – The Times

Posted June 19th, 2009 in divorce, news by sally

“A divorcing wife who made legal history when the law lords awarded her a £250,000-a-year payout from her husband has won a 40 per cent increase in her maintenance payments.”

Full story

The Times, 19th June 2009

Source: www.timesonline.co.uk

Khyra mother ‘in privacy threat’ – BBC News

Posted June 19th, 2009 in child cruelty, news, privacy, social services by sally

“A woman accused of starving her daughter to death threatened a social worker who looked through her letterbox with legal action, a court has heard.”

Full story

BBC News, 19th June 2009

Source: www.bbc.co.uk

Judge condemns teenager’s sweet wrapper prosecution – Daily Telegraph

Posted June 19th, 2009 in litter, news, prosecutions by sally

“A judge has condemned a ‘grotesque’ waste of taxpayers’ money spent on prosecuting teenager Larissa Wilkinson for allowing her 18 month-old niece to drop a sweet wrapper.”

Full story

Daily Telegraph, 19th June 2009

Source: www.telegraph.co.uk

Falconer backs public Iraq probe – BBC News

Posted June 19th, 2009 in inquiries, Iraq, news, war by sally

“Former cabinet minister Lord Falconer has joined calls for the Iraq inquiry to be held ‘largely’ in public.”

Full story

BBC News, 19th June 2009

Source: www.bbc.co.uk

Miscarriage of justice: more compensation ordered by judges – Daily Telegraph

Posted June 19th, 2009 in compensation, miscarriage of justice, news by sally

“Senior judges have ordered an increase in the amount of compensation paid to Stephen Miller, a victim of a miscarriage of justice, in a test case lawyers said would have a ‘profound effect’ on such awards.”

Full story

Daily Telegraph, 19th June 2009

Source: www.telegraph.co.uk

Potters Bar and Grayrigg: public inquiry into train disasters ruled out – Daily Telegraph

Posted June 19th, 2009 in accidents, inquiries, news, railways by sally

“A public inquiry into the 2002 Potters Bar rail crash which claimed seven lives, and the 2007 Grayrigg derailment in which an elderly passenger was killed, has been ruled out by the Government.”

Full story

Daily Telegraph, 19th June 2009

Source: www.telegraph.co.uk

Families to sue for forces deaths – BBC News

Posted June 19th, 2009 in armed forces, human rights, negligence, news by sally

“Four families of servicemen killed in Snatch Land Rovers in Iraq and Afghanistan are to sue the Ministry of Defence, the BBC has learned.”

Full story

BBC News, 19th June 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

London & Quadrant Housing Trust v Weaver, R. (On the application of) [2009] EWCA Civ 587 (18 June 2009)

Ryan v London Borough of Islington [2009] EWCA Civ 578 (19 June 2009)

Miller, R (on the application of) v The Independent Assessor [2009] EWCA Civ 609 (19 June 2009)

High Court (Chancery Division)

Dairy Farmers of Britain Ltd, Re [2009] EWHC 1389 (Ch) (18 June 2009)

HM Revenue & Customs v Banerjee [2009] EWHC 62 (Ch) (19 June 2009)

HM Revenue & Customs v Banerjee [2009] EWHC 1229 (Ch) (19 June 2009)

High Court (Queen’s Bench Division)

AB & Ors v Ministry of Defence [2009] EWHC 1421 (QB) (19 June 2009)

High Court (Administrative Division)

JK, R (on the application of) v London Borough of Waltham Haringey [2009] EWHC 1393 (Admin) (18 June 2009)

Tariq (aka Tariq Mehmood), R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1390 (Admin) (19 June 2009)

Source: www.bailii.org

Neither regulators nor law protect net neutrality in Britain, investigation finds – OUT-LAW.com

Posted June 19th, 2009 in internet, news by sally

“There is no legal barrier in the UK to internet service providers (ISPs) blocking content from website operators who do not pay them. Neither consumer law nor telecoms regulation protects ISP subscribers, technology law podcast OUT-LAW Radio has revealed.”

Full story

OUT-LAW.com, 19th June 2009

Source: www.out-law.com