In re B (Minors) (Contact Order: Enforcement) – WLR Daily

Posted March 3rd, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73

“A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”

WLR Daily, 2nd March 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 Abbey National plc and Others – Times Law Reports

Posted March 3rd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and Others

Court of Appeal

“The Office of Fair Trading was entitled to assess the fairness of charges levied on customers by banks because the terms in standard form contracts between banks and their customers concerning specific charges when customers were overdrawn were not part of the core bargain between the customer and the bank.”

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Companies must pay up undisputed amounts to avoid punitive interest, says Court of Appeal – OUT-LAW.com

Posted March 3rd, 2009 in debts, interest, news by sally

“Companies that withhold all payment for goods or services in order to strengthen their hand in negotiations over disputed amounts will have to pay punitive interest on that money, the Court of Appeal has said.”

Full story

OUT-LAW.com, 2nd March 2009

Source: www.out-law.com

UK opposes copyright exemptions for mash-ups – OUT-LAW.com

Posted March 3rd, 2009 in copyright, news by sally

“There should be no new exemption from copyright law for users’ adaptations of copyright-protected content, the UK Government has said. To create such an exemption for user-generated content would ignore the rights of content creators, it said.”

Full story

OUT-LAW.com, 2nd March 2009

Source: www.out-law.com

OFT can assess bank charges for fairness, rules Court of Appeal – OUT-LAW.com

Posted March 3rd, 2009 in banking, news by sally

“The Office of Fair Trading (OFT) can assess the fairness of bank charges for unauthorised overdrafts, the Court of Appeal ruled yesterday. Seven banks and one building society have vowed to appeal the ruling to the House of Lords.”

Full story

OUT-LAW.com, 27th February 2009

Source: www.out-law.com

Ban for 12-pints speeding driver – BBC News

Posted March 3rd, 2009 in alcohol abuse, dangerous driving, news, sentencing by sally

“A court has heard how a man crashed into a lamp post while driving at 80mph in a 30mph zone after drinking 12 pints and rowing with his girlfriend.”

Full story 

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Director fined after work death – BBC News

Posted March 3rd, 2009 in company directors, health & safety, news by sally

“A company director has been fined more than £7,000 at Nottingham Crown Court for health and safety breaches after an apprentice died at his workshop.”

Full story 

BBC News, 2nd March 2009

Source: www.bbc.co.uk

MPs vote to change law to keep home addresses secret – Daily Telegraph

Posted March 3rd, 2009 in freedom of information, news, political parties by sally

“The move came after a court ordered Parliament to disclose details of properties on which MPs claim expenses. The House of Commons on Monday backed an amendment to the Political Parties and Elections Bill, which effectively excludes MPs’ addresses from the Freedom of Information Act.”

Full story

Daily Telegraph, 3rd March 2009

Source: www.telegraph.co.uk

Straw urged to exempt medical records from data sharing – The Guardian

Posted March 3rd, 2009 in data protection, medical records, news by sally

“The medical professions are to press the justice secretary, Jack Straw, today to exempt personal medical records from the widespread data-sharing powers in his coroners and justice bill.”

Full story

The Guardian, 3rd March 2009

Source: www.guardian.co.uk

Foster parents not warned of teen sex offender who raped their son – The Times

Posted March 3rd, 2009 in criminal records, fostering, news, rape, social security by sally

“Social workers failed to warn foster parents about sexual offences committed by a teenager placed in their care who went on to rape their two-year-old son and abuse their nine-year-old daughter.”

Full story 

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Jail for 1977 bus station rapist – BBC News

Posted March 2nd, 2009 in news, rape, sentencing by sally

“A man has been jailed for six-and-a-half years after pleading guilty to the rape of a woman at a South Yorkshire bus station 32 years ago.”

Full story 

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Internet auction fraudster jailed – BBC News

Posted March 2nd, 2009 in conspiracy, fraud, internet, news, sentencing by sally

“A man who faked his own death after conning eBay customers of £23,500 worth of goods they never received has been jailed for two years.”

Full story

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Spiritualist minister found guilty of murdering makeup artist wife – The Guardian

Posted March 2nd, 2009 in murder, news by sally

“A spiritualist minister was jailed for life today after being found guilty of murdering his makeup artist wife after she discovered he had been having an affair and calling gay chatlines.”

Full story

The Guardian, 2nd March 2009

Source: www.guardian.co.uk

Flood-hit family sued by neighbours for ruining view – Daily Telegraph

Posted March 2nd, 2009 in news, privacy by sally

“A family forced to spend a year in a caravan outside their flood-damaged home are being sued by their next door neighbours who claim it ruined the view and intruded on their privacy.”

Full story 

Daily Telegraph, 2nd March 2009

Source: www.telegraph.co.uk

Ex-restaurant boss spared prison – BBC News

Posted March 2nd, 2009 in insider dealing, news, sentencing by sally

“A former multi-millionaire restaurant boss has been spared jail for two offences of insider trading.”

Full story 

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Prison sentence for 122mph biker – BBC News

Posted March 2nd, 2009 in dangerous driving, motorcycles, news, sentencing by sally

“A motorcyclist caught speeding at 122mph (196km/h) with his 14-year-old son riding pillion has been sentenced to six months in prison.”

Full story

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Crucial patent law terms are not synonymous, House of Lords rules – OUT-LAW.com

Posted March 2nd, 2009 in news, patents by sally

“Two concepts at the heart of patent law are not synonymous, the House of Lords has ruled. The judgment in a dispute over anti-depressant medicines is likely to clarify a complex point of patent law.”

Full story

OUT-LAW.com, 27th February 2009

Source: www.out-law.com

OFT pursues first criminal action under Unfair Trading Regulations – OUT-LAW.com

Posted March 2nd, 2009 in consumer protection, news by sally

“New criminal investigation powers granted to the Office of Fair Trading (OFT) by consumer protection laws have been used for the first time. The OFT has conducted raids while investigating a suspected scam in Bristol.”

Full story

OUT-LAW.com, 26th February 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted March 2nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs [2009] EWCA Civ 97 (27 February 2009)

 Penny & Anor v Digital Structures Ltd [2009] EWCA Civ 144 (02 March 2009)

Morgan & Anor v Hinton Organics (Wessex) Ltd [2009] EWCA Civ 107 (02 March 2009)

Court of Appeal (Criminal Division)  

Williams, R. v [2009] EWCA Crim 107 (27 February 2009)

High Court (Chancery Division)

Serious Organised Crime Agency v Szepietowski & Ors [2009] EWHC 344 (Ch) (27 February 2009)

Bailey v Wood & Ors [2009] EWHC 363 (Ch) (27 February 2009)

High Court (Administrative Court)

The Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWHC 341 (Admin) (27 February 2009)

LG, R (on the application of) v Tom Hood School [2009] EWHC 369 (Admin) (02 March 2009)

Leeside International Inc & Anor, R (on the application of) v London Borough of Tower Hamlets [2009] EWHC 325 (Admin) (02 March 2009)

High Court (Queen’s Bench Division)

Plumbly v Beatthatquote.Com Ltd. [2009] EWHC 321 (QB) (27 February 2009)

Source: www.bailii.org.uk  

  

 

   

Recent Statutory Instruments – OPSI

Posted March 2nd, 2009 in legislation by sally

The Children and Young Persons Act 2008 (Commencement No. 1) (England) Order 2009

The Water Act 2003 (Commencement No. 9 and Saving Provisions) (England) Order 2009

The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

The Bank Administration (England and Wales) Rules 2009

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009

The Social Security (Habitual Residence) (Amendment) Regulations 2009

The Rotherham Doncaster and South Humber Mental Health NHS Foundation Trust (Transfer of Trust Property) Order 2009

Source: www.opsi.gov.uk