BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Heronslea (Mill Hill) Ltd. v Kwik-Fit Properties Ltd. [2009] EWHC 295 (QB) (20 February 2009)
High Court (Technology and Construction Court)
Source: www.bailii.org
Protectacoat Firthglow Ltd v Szilagyi – WLR Daily
Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67
“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”
WLR Daily, 23rd February 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.
Isle of Anglesey County Council and another v Welsh Ministries and others – WLR Daily
“In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history.”
WLR Daily, 23rd February 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.
Regina (Purdy) v Director of Public Prosecutions – Times Law Reports
Regina (Purdy) v Director of Public Prosecutions
Court of Appeal
“The refusal by the Director of Public Prosecutions to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide was lawful.”
The Times, 24th 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.
Treating offenders with mental health issues ‘would save £700m’ – The Guardian
“The government could shave £700m annually from criminal justice costs if it overhauled the process for diverting offenders with mental health problems from jail to the mental health system, according to new research.”
The Guardian, 23rd February 2009
Source: www.guardian.co.uk
Straw forced into retreat over ‘Big Brother’ data sharing plan – The Independent
“The Justice Secretary, Jack Straw, will make a U-turn over sweeping new powers which were to allow public bodies to swap the data they hold on individuals.”
The Independent, 24th February 2009
Source: www.independent.co.uk
Release Binyam torture data – MP – BBC News
“The US government should urgently release details about the treatment of a British resident who alleges he was tortured, a senior Labour MP has said.”
BBC News, 24th February 2009
Source: www.bbc.co.uk
Lawyers back call for single City fraud watchdog – The Times
“Senior lawyers have backed a call by Sir Ken Macdonald, the former Director of Public Prosecutions, who wrote in The Times yesterday calling for a single regulator to fight City fraudsters in order to restore confidence in banks and the financial sector.”
The Times, 24th February 2009
Source: www.timesonline.co.uk
ID card reviews must be published, rules Information Tribunal again – OUT-LAW.com
“The Government will have to publish controversial reports on its identity card scheme after the Information Tribunal backed the Information Commissioner’s order to publish at the end of a protracted legal wrangle.”
OUT-LAW.com, 23rd February 2009
Source: www.out-law.com
‘Tortured’ asylum seeker’s plight – BBC News
“An asylum seeker who says she was tortured in her homeland claims she was forced by poverty into prostitution after her bid to stay in the UK failed.”
BBC News, 24th February 2009
Source: www.bbc.co.uk
Recent Statutory Instruments – OPSI
The Pension Protection Fund (Pension Compensation Cap) Order 2009
The Occupational Pension Schemes (Contracting-out) (Amendment) Regulations 2009
The Gangmasters (Licensing Conditions) Rules 2009
The Personal Injuries (NHS Charges) Amendment Regulations 2009
The Street Works (Inspection Fees) (Wales) (Amendment) Regulations 2009
Source: www.opsi.gov.uk
New study calls for overhaul of legal regulation – Legal Week
“The regulation of corporate law in England and Wales needs an overhaul in order to restore public confidence in the sector, according to a College of Law study published today.”
Legal Week, 23rd February 2009
Source: www.legalweek.com
Guantanamo detainee back in UK – The Independent
“A British resident held at Guantanamo Bay for more than four years arrived back in the UK today. ”
The Independent, 23rd February 2009
Source: www.independent.co.uk
Related link: Binyam Mohamed’s full statement
Lord Mandelson plan to tear up new laws splits party – The Times
“Plans to axe new laws that would increase costs for businesses, including enhanced maternity leave and tougher equality legislation, are threatening to blow open a Cabinet rift over how Labour should respond to the economic downturn, The Times has learnt.”
The Times, 23rd February 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)
High Court (Commercial Court)
JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2009] EWHC 282 (Comm) (20 February 2009)
Source: www.bailii.org
Supreme Court overleaps Lords with avowals of better value, transparency
“From October this year the Supreme Court will replace the House of Lords as the highest court in England and Wales.”
The Lawyer, 23rd February 2009
Source: www.thelawyer.com
Civil Procedure Rules: Cost Capping Orders Response Paper – Ministry of Justice
“A consultation being conducted on behalf of the Civil Procedure Rule Committee on proposals to amend part 44 of the Civil Procedure Rules by inserting rules on costs capping orders. The consultation also proposes amendments to the Costs Practice Direction to provide guidance on costs capping. The proposals are drawn from current case law and so do not propose new policy.”
Ministry of Justice, 23rd February 2009
Source: www.justice.gov.uk
Mitchell v Glasgow City Council – WLR Daily
Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65
“Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”
WLR Daily, 20th 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.
Commune de Sausheim v Azelvandre – WLR Daily
Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64
“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”
WLR Daily, 20th 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.
Floe Telecom Ltd v Office of Communications and Another – Times Law Reports
Floe Telecom Ltd v Office of Communications and Another
Court of Appeal
“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”
The Times,23rd 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.
