NHS faces huge claim for damages – BBC News
“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.”
BBC News, 1st July 2009
Source: www.bbc.co.uk
Treasury faces legal action over ‘dirty’ banking investments – The Guardian
“Campaign groups say bank bailout breaches government’s own policies on reducing carbon emissions by lending money to coal, oil and gas companies.”
The Guardian, 1st July 2009
Source: www.guardian.co.uk
Football is ‘vulnerable’ to money laundering, but no names named – The Guardian
“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.”
The Guardian, 1st July 2009
Source: www.guardian.co.uk
Early process evaluation of the Public Law Outline in family courts – Ministry of Justice
“A report presenting an early stage process evaluation of the Public Law Outline in family courts.”
Ministry of Justice, 1st July 2009
Source: www.justice.gov.uk
Regina v Clarke (Joseph) – Times Law Reports
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
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)
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
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
“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.
Hartlepool Borough Council v Llewellyn – WLR Daily
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
“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
“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
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
Source: www.opsi.gov.uk
Youth Crime Action Plan – responses to consultation – Ministry of Justice
“The government has published a summary of the responses to its consultation on the Youth Crime Action Plan issued on 16 July 2008.”
Ministry of Justice, 25th June 2009
Source: www.justice.gov.uk
Seatbelt dodgers face tougher penalties – Home Office
“Motorists caught without a seatbelt will now face on-the-spot fines of £60.”
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
“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.”
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
“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.”
OUT-LAW.com, 30th June 2009
Source: www.out-law.com
MPs’ second jobs to be disclosed – BBC News
“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.”
BBC News, 1st July 2009
Source: www.bbc.co.uk
Ten years for triple death driver – BBC News
“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.”
BBC News, 29th June 2009
Source: www.bbc.co.uk
