“One in four criminals and suspects living in controversial bail hostels have had to be recalled to jail after committing new crimes or breaking the rules.”
Daily Telegraph, 6th April 2009
Source: www.telegraph.co.uk
Court of Appeal (Criminal Division)
“For the purposes of gross negligence manslaughter, when a person had created or contributed to the creation of a state of affairs which he knew, or ought to have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking reasonable steps to save the other’s life.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
Regina (Mendes and Another) v Southwark London Borough Council
Court of Appeal
“A judge needed to give reasons for preferring one side’s arguments over the other on an application made by written submissions concerning costs.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
Court of Appeal
“A husband could not have an order compromising an ancillary relief application rewritten where his wealth had fallen significantly.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
Serious Organised Crime Agency v Szepietowski and Others
Chancery Division
“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
Regina (A) v Director of Establishments of the Security Service
Court of Appeal
“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126
“An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of the applicable statutory requirements as to payment of such paid annual leave.”
WLR Daily, 6th 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.
“The beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”
WLR Daily, 6th 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.
Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128
“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.”
WLR Daily, 6th 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.
Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129
“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”
WLR Daily, 6th 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 and another [2009] EWCA Civ 295; [2009] WLR (D) 130
“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 would not have anticipated that some significant personal injury would result from his actions and so was not liable for an injury caused to a playground supervisor.”
WLR Daily, 6th 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.
Hall & Woodhouse Ltd v Poole Borough Council; [2009] WLR (D) 131
“The acts of third parties were not as a matter of law to be imputed to a premises licence holder for the purposes of s 136(1)(a) of the Licensing Act 2003; it was necessary for the court to look at the actual conduct of the person charged with the offence and find whether as a matter of fact he had carried on or attempted to carry on an licensable activity, as defined in s 1 of and Schs 1 and 2 to the Act, otherwise than in accordance with an authorisation.”
WLR Daily, 6th 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.
R (Coleman) v Governor of Wayland Prison and another; [2009] WLR (D) 132
“While a mobile telephone found in the possession of a prisoner might properly be taken away from him, neither rule 43(5) of the Prison Rules 1999 nor the common law provided a prison governor with power to destroy the mobile telephone.”
WLR Daily, 6th 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.
“Criminals could have been wrongly freed by the courts because of unreliable evidence from expert witnesses, the Government’s law advisers say today.”
Daily Telegraph, 6th April 2009
Source: www.telegraph.co.uk
“Financial Services Authority says it has turned down appeal by former insurance chief over ban on working in the City.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
“New rules allowing same-sex couples undergoing fertility treatment to name both partners on the child’s birth certificate came into force on Monday.”
Daily Telegraph, 6th April 2009
Source: www.telegraph.co.uk
“The Home Office has removed a link from its website after being alerted by the BBC that it linked to what appeared to be a Japanese pornography site.”
BBC News, 6th April 2009
Source: www.bbc.co.uk
“Thousands of family hearings that take place behind closed doors will be opened to media this month, Jack Straw, the Justice Secretary, said yesterday.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
“The right to ask employers for flexible work arrangements will be extended to 4.5 million parents of older children.”
Daily Telegraph, 6th April 2009
Source: www.telegraph.co.uk
“Injured firefighters have won a major step in their legal battle to retain the right to claim ill-health pensions.”
BBC News, 6th April 2009
Source: www.bbc.co.uk
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