Current Awareness

In re Overnight Ltd; Goldfarb v Higgins and others; [2009] WLR (D) 49

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Overnight Ltd; Goldfarb v Higgins and others – WLR Daily

Posted February 13th, 2009 in fraudulent trading, law reports, limitations, winding up by sally

“The cause of action for fraudulent trading under s 213 of the Insolvency Act 1986 arose on the day the winding up order was made and not when either the petition was presented or the provisional liquidator appointed.”

WLR Daily, 12th February 2009

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another – Times Law Reports

Posted February 13th, 2009 in asylum, children, law reports, local government, social services by sally

Court of Appeal

“A local authority had failed to carry out its duty under section 20 of the Children Act 1989 when dealing with an asylum-seeker who claimed to be a child because it did not carry out an assessment of his welfare needs, or of the kind of accommodation that would be required to meet them.”

The Times, 13th February 2009

Allianz SpA and Another v West Tankers Inc

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

Allianz SpA and Another v West Tankers Inc – Times Law Reports

Posted February 13th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Court of Justice of the European Communities

“It was not open to a court in one European Union member state to order a party in a case before it to discontinue proceedings begun by that party in another member state on the ground that the parties had agreed to refer any disputes between them to arbitration in the first state.”

The Times, 13th February 2009

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

LDPs to go live on March 31 – Law Society’s Gazette

Posted February 13th, 2009 in legal disciplinary practices, news by sally

“The ‘go live’ date for legal disciplinary practices (LDPs) has been put back a month, to 31 March, at the instigation of justice minister Bridget Prentice.”

Law Society’s Gazette, 12th February 2009

Source: www.lawgazette.co.uk

Edwina Millward: first woman president of the Association of District Judges – Law Society’s Gazette

Posted February 13th, 2009 in family courts, judges, news, reporting restrictions, women by sally

“For District Judge Edwina Millward, justice secretary Jack Straw’s announcement that the family courts are to be opened up to the media raises considerable concerns.”

Law Society’s Gazette, 12th February 2009

Source: www.lawgazette.co.uk

Serious case review in to hammer attack at school – Daily Telegraph

Posted February 13th, 2009 in assault, news, school children by sally

“The Serious Case Review will examine how a gang of Asian youths were able to walk in to the tennis courts at a Wiltshire school and hit 15-year-old Henry Webster repeatedly around the head with a claw hammer.”

Daily Telegraph, 12th February 2009

Source: www.telegraph.co.uk

Radiographer smuggled medical records of lover’s ex-wife from hospital – Daily Telegraph

Posted February 13th, 2009 in confidentiality, disciplinary procedures, medical records, news by sally

“Barbara Ferraro took the family health records of her partner’s ex-wife and teenage daughter for him to see, which revealed both had undergone abdominal scans. The Health Professions Council hearing was told that the 44-year-old’s actions were a breach of patient confidentiality.”

Daily Telegraph, 12th February 2009

Source: www.telegraph.co.uk

Source

Asylum detainees win record payout – The Independent

Posted February 13th, 2009 in asylum, children, compensation, detention, news by sally

“In a landmark settlement, the Congolese family have been awarded £150,000, believed to be the biggest payout over the unlawful detention of child refugees seeking asylum in Britain.”

The Independent, 13th February 2009

Source: www.independent.co.uk

Far-right Dutch MP refused entry to UK – The Guardian

Posted February 13th, 2009 in freedom of expression, immigration, Islam, news by sally

“Geert Wilders, the rightwing Dutch politician accused of Islamophobia, was today refused entry to the UK after arriving at Heathrow airport in London.”

The Guardian, 12th February 2009

Source: www.guardian.co.uk

Caustic soda rapists’ sentences to be reviewed- The Times

Posted February 13th, 2009 in news, rape, sentencing by sally

“The jail sentences of three men who gang-raped a 16-year-old girl and doused her in caustic soda, leaving her disfigured, are to be reviewed to decide if they were unduly lenient.”

The Times, 13th February 2009

Musicians celebrate victory as go-ahead given for copyright to be extended to 95 years – The Times

Posted February 13th, 2009 in artistic works, copyright, news by sally

“British musicians were celebrating a major victory last night after a powerful European Parliament committee gave the go-ahead to extend the copyright term for music recordings to 95 years.”

The Times, 13th February 2009

Roberts v Chief Constable of Kent [2008] EWCA Civ 1588 (17 December 2008)

BAILII: Recent Decisions

Posted February 12th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

Greene Wood & McLean Llp v Templeton Insurance Ltd [2009] EWCA Civ 65 (12 February 2009)

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg (Rev 1) [2009] EWCA Civ 26 (12 February 2009)

Bedfordshire Police Authority v Constable [2009] EWCA Civ 64 (12 February 2009)

High Court (Administrative Court)

Secretary of State for the Home Department v GG [2009] EWHC 142 (Admin) (12 February 2009)

Kagabo v Secretary of State for the Home Department [2009] EWHC 153 (Admin) (12 February 2009)

High Court (Patents Court)

Kelly & Anor v GE Healthcare Ltd [2009] EWHC 181 (Pat) (11 February 2009)

Source: www.bailii.org.uk

Recent Statutory Instruments – OPSI

Posted February 12th, 2009 in legislation by sally

The Immigration (Biometric Registration) (Amendment) Regulations 2009

The Tax Credits Up-rating Regulations 2009

The Guardian’s Allowance Up-rating (Northern Ireland) Order 2009

The Guardian’s Allowance Up-rating Order 2009

The Revenue and Customs Appeals Order 2009

The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009

The Payment Services Regulations 2009

The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009

The Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009

Source: www.opsi.gov.uk

Legal aid changes will focus help on most vulnerable families and children – Ministry of Justice

Posted February 12th, 2009 in barristers, family courts, legal aid, news by sally

“Legal aid fees paid to family barristers are to be differently allocated to focus help to the most vulnerable families and children, and to combat rises in the family legal aid bill Legal Aid Minister Lord Bach and Legal Services Commission (LSC) Chief Executive Carolyn Regan announced today.”

Ministry of Justice, 12th February 2009

Source: www.justice.gov.uk

Lack of warning in first email made dismissal unfair, says EAT – OUT-LAW.com

Posted February 12th, 2009 in disciplinary procedures, electronic mail, news, unfair dismissal by sally

“An employee’s dismissal was unfair because the email inviting him to the first in a series of disciplinary meetings did not specifically say that the process might result in dismissal, the Employment Appeals Tribunal (EAT) has said.”

OUT-LAW.com, 12th February 2009

Source: www.out-law.com

Truancy jailing every two weeks – BBC News

Posted February 12th, 2009 in news, parental responsibility, sentencing, truancy by sally

“A parent is jailed for their child’s truancy once a fortnight every school term in England and Wales, analysis of court statistics shows.”

BBC News, 12th February 2009

Source: www.bbc.co.uk

How the Government is helping the bereaved in its Coroners and Justice Bill – The Times

Posted February 12th, 2009 in inquests, news by sally

“The proposed reforms to the Inquest system, criticised by David Pannick, QC, in Times Law last month, are vital to ensure that we offer bereaved people the best possible information and support at what is likely to be one of the most traumatic periods of their life.”

The Times, 12th February 2009

Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48

Zipher Ltd v Markem Systems Ltd and another – WLR Daily

Posted February 12th, 2009 in appeals, law reports, undertakings by sally

“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”

WLR Daily, 11th February 2009

Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ugiagbe v Southwark London Borough Council – WLR Daily

Posted February 12th, 2009 in homelessness, housing, law reports, local government by sally

“A person’s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ‘good faith’ for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless.”

WLR Daily, 11th February 2009