Judge urges caution in 7/7 trial – BBC News

Posted April 15th, 2009 in news, terrorism by sally

“It would be unfair to convict three men accused of helping the 7 July suicide bombers just because the attacks were so ‘horrific’, a jury has been advised.”

Full story

BBC News, 14th April 2009

Source: www.bbc.co.uk

Barrister Belle Turner says she can’t work at new legal aid rates – The Times

Posted April 15th, 2009 in family courts, legal aid, news by sally

“Belle Turner, a leading junior barrister about to give birth to her first child, is ‘sad and angry’ about the planned cuts to family legal aid.”

Full story

The Times, 15th April 2009

Source: www.timesonline.co.uk

Male flight attendants ‘banned’ – BBC News

Posted April 15th, 2009 in contracts, news, sex discrimination by sally

“A cabin crew boss was forced to employ only young, slim, single women to crew private aircraft, a tribunal has heard.”

Full story

BBC News, 14th April 2009

Source: www.bbc.co.uk

DNA pioneer Alec Jeffreys: drop innocent from database – The Guardian

Posted April 15th, 2009 in DNA, news by sally

“The inventor of genetic fingerprinting, Professor Sir Alec Jeffreys, today warns that the government is putting at risk public support for the DNA national database by holding the genetic details of hundreds of thousands of innocent people.”

Full story

The Guardian, 15th April 2009

Source: www.guardian.co.uk

Police and Crown Prosecution Service to face assessment over rape ‘failures’ – The Independent

Posted April 15th, 2009 in Crown Prosecution Service, news, rape by sally

“Police forces are to face regular assessments of how well they investigate rape cases, following a series of high-profile failures. Government inspectors will examine how closely police and prosecutors follow official advice when dealing with alleged rapes.”

Full story

The Independent, 15th April 2009

Source: www.independent.co.uk

Garlic smell closes court building – Daily Telegraph

Posted April 15th, 2009 in courts, news by sally

“Garlic oil was spread on radiators at a Crown Court, forcing hearings to be abandoned after the smell spread throught the building.”

Full story

Daily Telegraph, 14th April 2009

Source: www.telegraph.co.uk

UK’s privacy laws illegally inadequate, says Europe – OUT-LAW.com

Posted April 15th, 2009 in EC law, news, privacy by sally

“UK laws protecting the privacy of people’s communications are inadequate, the European Commission has said. The Commission has launched a legal case against the UK over its implementation of European Union Directives.”

Full story

OUT-LAW.com, 14th April 2009

Source: www.out-law.com

Urine spray man gets nine years – BBC News

Posted April 15th, 2009 in contamination, food, news, sentencing by sally

“A chemist who contaminated food and wine in Gloucestershire supermarkets with his own urine and faeces has been sent to prison for nine years.”

Full story

BBC News, 14th April 2009

Source: www.bbc.co.uk

Financial Services Authority shuts record number of rogue advisers – The Times

Posted April 15th, 2009 in financial advice, financial regulation, news by sally

“The City watchdog has banned a record number of firms that sell mortgages, pensions, investments and insurance.”

Full story

The Times, 14th April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 14th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

McMillan-Smith, R. v [2009] EWCA Crim 732 (08 April 2009)

Awosika, R. v [2009] EWCA Crim 625 (18 March 2009)

High Court (Queen’s Bench Division)

Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd [2009] EWHC 781 (QB) (08 April 2009)

Peacock v MGN Ltd [2009] EWHC 769 (QB) (08 April 2009)

High Court (Administrative Division)

Ardagh Glass Ltd v Chester City Council & Anor [2009] EWHC 745 (Admin) (08 April 2009)

Source: www.bailii.org

R (Tait) v Criminal Injuries Compensation Appeals Panel – WLR Daily

Posted April 14th, 2009 in criminal injuries compensation, law reports by sally

R (Tait) v Criminal Injuries Compensation Appeals Panel [2009] EWHC 767 (Admin); [2009] WLR (D) 138

“As a matter of construction of para 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person was not determinative of the question whether the vehicle was used so as deliberately to inflict or attempt to inflict injury on any person, because it was not inconsistent with a finding that it was nevertheless the driver’s intention to cause injury; if such an intention was proved, the para 11 exception would not apply to render the injured person ineligible for compensation.”

WLR Daily, 9th April 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.

Smallwood and others v Revenue and Customs Comrs – WLR Daily

Posted April 14th, 2009 in capital gains tax, double taxation, law reports by sally

Smallwood and others v Revenue and Customs Comrs [2009] EWHC 777 (Ch); [2009] WLR(D) 137

“Art 13(4) of the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 (SI 1981/1121) gave the right to tax capital gains to the state in which there was residence at the time of the disposition.”

WLR Daily, 9th April 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.

Emerald Supplies Ltd v British Airways plc – WLR Daily

Posted April 14th, 2009 in civil procedure rules, class actions, competition, law reports by sally

Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136

“The court had no jurisdiction to make a representation order under CPR r 19.6 where the criteria for inclusion in the class depended on the outcome of the action itself.”

WLR Daily, 9th April 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.

Orchard v Lee – Times Law Reports

Posted April 14th, 2009 in law reports, personal injuries, school children by sally

Orchard v Lee

Court of Appeal

“A child at school playing a game in an authorised play area who was not breaking any rules and who was not acting beyond the norms of the game was not liable for an injury caused to a playground supervisor.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Slack and Others v Cumbria County Council – Times Law Reports

Posted April 14th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Akhurst v Director of Public Prosecutions – Times Law Reports

Posted April 14th, 2009 in law reports, vagrancy by sally

Akhurst v Director of Public Prosecutions

Queen’s Bench Divisional Court

“University grounds and buildings were not an enclosed area for the purposes of the Vagrancy Act 1824 which referred to any dwelling house, warehouse, coach house, stable or outhouse, enclosed yard, garden or area.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Birmingham City Council v Dixon – Times Law Reports

Posted April 14th, 2009 in ASBOs, law reports by sally

Birmingham City Council v Dixon

Queen’s Bench Divisional Court

“Evidence of a defendant’s antisocial behaviour which occurred after the making of an application for an antisocial behaviour order against him was admissible when a court was determining (i) whether a defendant had acted in an antisocial manner and (ii) whether it was necessary to make an antisocial behaviour order.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Hammersmith and Fulham London Borough Council v Alexander-David – Times Law Reports

Posted April 14th, 2009 in children, housing, law reports, leases, trusts by sally

Hammersmith and Fulham London Borough Council v Alexander-David

Court of Appeal

“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Office of Fair Trading v Foxtons Ltd – Times Law Reports

Posted April 14th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd

Court of Appeal

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another – Times Law Reports

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another

Court of Appeal

“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”

The Times, 10th April 2009

Source: www.timesonline.co.uk