Miners’ solicitors breached code – BBC News
“Solicitors in South Yorkshire deliberately breached a code of conduct to collect £32m in fees from miners’ compensation claims, a tribunal ruled.”
BBC News, 17th February 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Crown Prosecution Service Swansea v Gilleeney & Anor [2009] EWCA Crim 193 (17 February 2009)
Meenan, R v [2009] EWCA Crim 140 (21 January 2009)
Berr, R (on the prosecution of) v Lowe [2009] EWCA Crim 194 (17 February 2009)
Court of Appeal (Civil Division)
Financial Services Authority v Hayes [2009] EWCA Civ 76 (17 February 2009)
High Court (Administrative Court)
L v Director of Public Prosecutions [2009] EWHC 238 (Admin) (14 January 2009)
Writtle v Director of Public Prosecutions [2009] EWHC 236 (Admin) (20 January 2009)
High Court (Technology and Construction Court)
Seele Austria GmbH Co v Tokio Marine Europe Insurance Ltd [2009] EWHC 255 (TCC) (17 February 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Welsh Ambulance Services National Health Service Trust (Establishment) (Amendment) Order 2009
The Transmissible Spongiform Encephalopathies (Wales)(Amendment) Regulations 2009
The Northern Ireland Assembly (Elections) (Amendment) Order 2009
The Health and Social Care Act 2008 (Commencement No.8) Order 2009
The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2009
The Data Retention (EC Directive) Regulations 2009
Source: www.opsi.gov.uk
Mosley Vs the UK – BBC News
“Privacy – who has a right to it and in what circumstances – has become one of the most contentious legal issues of our times.”
BBC News, 17th February 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Austin v London Borough of Southwark [2009] EWCA Civ 66 (16 February 2009)
High Court (Queen’s Bench Division)
Haji-Ioannou v Mark Dixon Regus Group Plc & Anor [2009] EWHC 178 (QB) (06 February 2009)
High Court (Technology and Construction Court)
Moduleco v Carillion [2009] EWHC 250 (TCC) (11 February 2009)
Source: www.bailii.org
Asian detective loses appeal over Met race battle – The Independent
“An Asian detective locked in a race battle with Scotland Yard has lost his appeal against a decision clearing his employer of victimisation.”
The Independent, 17th February 2009
Source: www.independent.co.uk
Imageview Management Ltd v Jack – WLR Daily
Imageview Management Ltd v Jack [2009] EWCA Civ 63; [2009] WLR (D) 56
“An agent when negotiating with another person on behalf of his principal breached the fiduciary duty which he owed to his principal if at the same time he made with the other person an undisclosed side deal for his own benefit and there were a real possibility of conflict of interest. In such a case the agent was required to account to the principal in respect of the secret commission so received and was not entitled to receive any agency fees from the principal.”
WLR Daily, 17th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
SRM Global Master Fund LP v Commissioners of HM Treasury; RAB Special Situations (Master) Fund Ltd v Same; Grainger and others v Same – WLR Daily
“Ss 5(4) and 9(2) of the Banking (Special Provisions) Act 2008 and art 6 of the Northern Rock plc Compensation Order 2008 (SI 2008/718), the provisions establishing the assumptions upon which valuation of shares was carried out under a scheme for compensating shareholders subsequent to the nationalisation of Northern Rock plc, did not infringe the shareholders right to peaceful enjoyment of their possessions under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundmamental Freedoms (set out in Pt II of Sch 1 to the Human Rights Act 1998).”
WLR Daily, 16th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Director of Public Prosecutions v Wright Regina (Scott) v Taunton Deane Magistrates Court – Times Law Reports
Director of Public Prosecutions v Wright Regina (Scott) v Taunton Deane Magistrates Court
Queen’s Bench Divisional Court
“The expression ‘hunt’ a wild mammal with a dog in section 1 of the Hunting Act 2004 did not include the activity of searching for a wild animal for the purpose of stalking or flushing it.”
The Times, 17th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Barry v Southwark London Borough Council – Times Law Reports
Barry v Southwark London Borough Council
Court of Appeal
“When determining whether a person claiming housing assistance had been unemployed for no more than six months and was a worker, a housing authority was entitled to look at his employment record in order to tell whether the work was effective and genuine, and not marginal and ancillary.”
The Times, 17th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Regulators demand clearer privacy policies – OUT-LAW.com
“Two-thirds of people surveyed by the UK privacy watchdog want marketing opt-outs to be clearer, while 62% want a clearer explanation of how personal information will actually be used. The survey found that 71% did not read or understand privacy policies.”
OUT-LAW.com, 16th February 2009
Source: www.out-law.com
Data on police accidents and firearms no longer sent to Home Office – Daily Telegraph
“Police will no longer have to tell the Home Office how many road accidents involve officers or when police use firearms in a controversial bid to cut red tape.”
Daily Telegraph, 16th February 2009
Source: www.telegraph.co.uk
Terrorist threat ‘exploited to curb civil liberties’ – The Independent
“Dame Stella Rimington, the former head of MI5, has accused the Government of exploiting public fear of terrorism to restrict civil liberties. ”
The Independent, 17th February 2009
Source: www.independent.co.uk
Comment is Free: Judges possess the weapon to challenge surveillance – The Guardian
“The British are the most spied upon people in the democratic world, but only the judiciary can restrain parliament.”
The Guardian, 17th February 2009
Source: www.guardian.co.uk
High Court awards inventors £1.5m for outstanding work – OUT-LAW.com
“Two researchers have been awarded £1.5 million under a little-used section of patent law which allows employees extra compensation for inventions which are of “outstanding benefit” to employers.”
OUT-LAW.com, 16th February 2009
Source: www.out-law.com
‘Laws strong enough’ after deaths – BBC News
“A police officer has defended road laws after a Portuguese lorry driver was jailed for causing the deaths on the M6 of a family by careless driving.”
BBC News, 17th February 2009
Source: www.bbc.co.uk
Father jailed for taking on drug dealer – Daily Telegraph
“A father was jailed for storming into a drug dealer’s home and flushing his heroin stash down the toilet.”
Daily Telegraph, 17th February 2009
Source: www.telegraph.co.uk
Anti-terror code ‘would alienate most Muslims’ – The Guardian
“The government is considering plans that would lead to thousands more British Muslims being branded as extremists, the Guardian has learned. The proposals are in a counterterrorism strategy which ministers and security officials are drawing up that is due to be unveiled next month.”
The Guardian, 17th February 2009
Source: www.guardian.co.uk
New war of words over family legal aid cuts – The Times
“With widespread job cuts and a recession in full swing, the news is hardly front page — but fresh hostilities have broken out over cuts to legal aid.”
The Times, 16th February 2009
Source: www.timesonline.co.uk
Whitehall devised torture policy for terror detainees – The Guardian
“A policy governing the interrogation of terrorism suspects in Pakistan that led to British citizens and residents being tortured was devised by MI5 lawyers and figures in government, according to evidence heard in court.”
The Guardian, 16th February 2009
Source: www.guardian.co.uk
