R (Liverpool City Council) v Hillingdon London Borough Council – WLR Daily

Posted February 12th, 2009 in asylum, children, law reports, local government, social services by sally

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

“The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself wanted to live in the area of that other authority. S 20 of the Children Act 1989 imposed a duty on the local authority to carry out a proper assessment of the child’s welfare needs and the type and location of accommodation that would meet those needs.”

WLR Daily, 11th 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.

Allianz SpA and another v West Tankers Inc – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th 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.

British Broadcasting Corporation v Sugar and Another – Times Law Reports

Posted February 12th, 2009 in BBC, freedom of information, law reports by sally

British Broadcasting Corporation v Sugar and Another

House of Lords

“The British Broadcasting Corporation was a public authority for the purposes of the Freedom of Information Act 2000 which meant that all requests for information were subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held for the purposes of art, journalism or literature.”

The Times, 12th 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.

BAILII: Recent Decisions

Posted February 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)

Laker Vent Engineering Ltd v Templeton Insurance Ltd [2009] EWCA Civ 62 (11 February 2009)

High Court (Chancery Division)

Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009)

High Court (Administrative Court)

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 12th, 2009 in legislation by sally

The Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2009

The Gambling Act 2005 (Variation of Monetary Limit) Order 2009

The Plastic Materials and Articles in Contact with Food (England) Regulations 2009

The Companies Act 2006 (Amendment of Schedule 2) Order 2009

The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

Source: www.opsi.gov.uk

Banks rescue bill set to become law – The Independent

Posted February 12th, 2009 in banking, bills, news by sally

“A ‘ping-pong’ between the two Houses of Parliament was avoided today, when peers accepted a Commons change to the Banking Bill, which now goes for Royal Assent.”

Full story

The Independent, 11th February 2009

Source: www.independent.co.uk

Ensuring confidence and transparency in the electoral system – Ministry of Justice

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

“Justice Minister Michael Wills has given a speech on public confidence and transparency in the democratic process to the Association of Electoral Administrators Conference in Brighton.”

Full story

Ministry of Justice, 10th February 2009

Source: www.justice.gov.uk

Software body slams Government’s ‘special treatment’ of music industry – OUT-LAW.com

Posted February 12th, 2009 in copyright, internet, news by sally

“The Government’s Digital Britain plan is a failure that gives favourable treatment to the music business and props up failed business models, a software trade body has said.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

Trader who received £1.2m bonus can sue for extra £100,000, court rules – The Times

Posted February 12th, 2009 in jurisdiction, news, remuneration, tribunals by sally

“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”

Full story

The Times, 11th February 2009

Source: www.timesonline.co.uk

Smacking row family win right to adopt – Daily Telegraph

Posted February 12th, 2009 in adoption, corporal punishment, news by sally

“A family has won the right to adopt a girl after they were banned when the father smacked a child for swearing.”

Full story

Daily Telegraph, 11th February 2009

Source: www.telegraph.co.uk

Why we have still not learnt the lessons from Harold Shipman – The Times

Posted February 12th, 2009 in doctors, murder, news by sally

“Ten years ago Harold Shipman was making headlines after he was charged with the murder of 15 of his patients. A public inquiry found that Shipman had used loopholes in the systems in which he practised as a family doctor to kill more than 215 people and to avoid detection for many years.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

Mother and boyfriend guilty of inflicting 107 injuries on child – The Independent

Posted February 12th, 2009 in child abuse, child cruelty, news by sally

“A girl aged two was beaten to death by her mother and her boyfriend, who inflicted 107 separate injuries during four weeks of violence.”

Full story

The Independent, 12th February 2009

Source: www.independent.co.uk

Police will not investigate ‘cash for amendments’ allegations – The Guardian

Posted February 12th, 2009 in corruption, news, parliament by sally

“Labour peers accused of attempting to change the law in favour of companies employing them will not be investigated by the police, Scotland Yard said today.”

Full story

The Guardian, 11th February 2009

Source: www.guardian.co.uk

Credit-crunch divorcés appeal over maintenance – The Times

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

“The courts are expected to rule soon in a series of test cases brought by once-wealthy City workers who want to renegotiate their hefty divorce settlements now that they are deprived of their large bonuses.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

Photographers fear they are target of new terror law – The Guardian

Posted February 12th, 2009 in news, photography, terrorism by sally

“Taking photographs of police officers could be deemed a criminal offence under anti-terrorism legislation that comes into force next week. Campaigners against section 76 of the Counter-Terrorism Act 2008, which becomes law on Monday, said it would leave professional photographers open to fines and arrest.”

Full story

The Guardian, 12th February 2009

Source: www.guardian.co.uk

Abuse case couple lose fight to get children back – The Independent

Posted February 12th, 2009 in adoption, child abuse, news by sally

“A couple whose children were taken from them and adopted cannot have them back, even though they ‘may be right’ in believing they suffered a miscarriage of justice, three Court of Appeal judges have ruled.”

Full story

The Independent, 12th February 2009

Source: www.independent.co.uk

House of Lords rule against BBC on release of bias report – The Times

Posted February 12th, 2009 in BBC, freedom of information, news by sally

“A lawyer has won the backing of the House of Lords in his campaign to force the BBC to disclose an internal report on perceived bias in its coverage of the Middle East.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 11th, 2009 in law reports by sally

High Court (Commercial Court)

Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)

High Court (Technology and Construction Court)

Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009)

Source: www.bailii.org

English court can’t stop Italian lawsuit despite arbitration agreement, ECJ says – OUT-LAW.com

Posted February 11th, 2009 in arbitration, conflict of laws, EC law, injunctions, news by sally

“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

House of Lords Judgments: What’s New?

Posted February 11th, 2009 in law reports by sally

Sugar (Appellant) v British Broadcasting Corporation and another (Respondents) [2009] UKHL 9 (11 February 2009)

Source: www.parliament.uk