Conflicting Rights – BBC News
“What happens when the rights of two people collide and how does the law deal with the issue?”
BBC News, 6th February 2009
Source: www.bbc.co.uk
Legal aid and prisoners – Ministry of Justice
“Justice Minister Lord Bach has today made a written ministerial statement on a consultation on legal aid and prisoners.”
Ministry of Justice, 10th February 2009
Source: www.justice.gov.uk
Payment Services Regulations laid before Parliament – OUT-LAW.com
“The regulation of credit and debit cards and other payment services will be tightened in the UK from November. New rules were laid before Parliament yesterday that aim to deliver greater competition in the market for payment services.”
OUT-LAW.com, 10th February 2009
Source: www.out-law.com
BAILII: Recent Decisions
High Court (Chancery Division)
P, Re [2009] EWHC 163 (Ch) (09 February 2009)
High Court (Administrative Court)
Lord-Castle v Director of Public Prosecutions [2009] EWHC 87 (Admin) (23 January 2009)
Source: www.bailii.org
Bankers consider legal action over bonuses – The Times
“Banks could face legal action by disgruntled workers if they are denied bonuses, a leading employment lawyer said.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
Surveillance needs better control, warn Lords – OUT-LAW.com
“The fundamental relationship between Government and the people of the UK is at risk because of the increasing surveillance being carried out by the state and by private bodies, a House of Lords Committee has said.”
OUT-LAW, 10th February 2009
Source: www.out-law.com
Recent Statutory Instruments – OPSI
The Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2009
The European Parliamentary Elections (Amendment) Regulations 2009
The Aerodromes (Designation) (Chargeable Air Services) (Revocation) Order 2009
The Air Passenger Duty (Rate) (Qualifying Territories) (Variation of Description) Order 2009
Source: www.opsi.gov.uk
O’Brien v Department for Constitutional Affairs – Times Law Reports
O’Brien v Department for Constitutional Affairs
Court of Appeal
“A part-time fee-paid judicial office holder was not entitled to claim that he had been subjected to less favourable treatment when he was refused a pension on retirement from office.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Yearworth and Others v North Bristol NHS Trust – Times Law Reports
Yearworth and Others v North Bristol NHS Trust
Court of Appeal
“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Child Support Agency v Truman – WLR Daily
Child Support Agency v Truman; [2009] WLR (D) 40
“The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] AC 1399, and not the test as previously stated in Clark v Novacold Ltd [1999] ICR 951.”
WLR Daily, 9th 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.
Oak Investment Partners XII v Boughtwood and others – WLR Daily
Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39
“In an appropriate case, where a significant shareholder, who, as a result of being such a shareholder, was appointed to a management role within the company, then engaged in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct was capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.”
WLR Daily, 9th 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.
Freshfields puts the brake on spiral of law salaries – The Times
“Freshfields Bruckhaus Deringer, one of Britain’s oldest law firms, yesterday called a ceasefire in a pay war in which starting salaries for City lawyers have risen to more than £90,000.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
Low-alcohol wine manufacturer fights ban – The Times
“The food standards watchdog was accused yesterday of a ‘heavy handed abuse of power’ in banning a new low-alcohol wine in the face of Government policy urging people to drink sensibly.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
Complaint lodged with watchdog over Smith’s expenses – The Independent
“A complaint has been made to the parliamentary sleaze watchdog about Home Secretary Jacqui Smith claiming allowances for a second home while living as a lodger with her sister, it was confirmed today.”
The Independent, 9th February 2009
Source: www.independent.co.uk
Lawyer of alleged torture victim makes plea to MPs – The Guardian
“The British resident at the centre of a legal battle over alleged torture could leave Guantánamo Bay insane or in a coffin if the case continues to be dragged out, his lawyer said yesterday.”
The Guardian, 10th February 2009
Source: www.guardian.co.uk
Jury blasts staff over death in cell – The Times
“Staff at a privately run jail failed to do all they could to ensure the safety of an inmate who killed himself while suffering a mental illness, a coroner’s jury ruled yesterday.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Attorney General’s Reference No 70 of 2008 [2009] EWCA Crim 100 (21 January 2009)
Court of Appeal (Civil Division)
Masri v Consolidated Contractors (Oil and Gas) Company Sal [2009] EWCA Civ 36 (06 February 2009)
High Court (Chancery Division)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2009
The Public Service Vehicles Accessibility (Amendment) Regulations 2009
The Road Vehicles (Construction and Use) (Amendment) Regulations 2009
The Financial Assistance For Industry (Increase of Limit) Order 2009
The Companies Act 2006 (Accounts, Reports and Audit) Regulations 2009
Source: www.opsi.gov.uk
Guidance on the law applicable to non-contractual obligations (Rome II) – Ministry of Justice
“A guide to the main provisions in the European Community regulation on the law applicable to non-contractual obligations (Rome II), which came into force on 11 January 2009.”
Ministry of Justice, 9th February 2009
Source: www.justice.gov.uk
Haringey London Borough Council v Department of Children, Schools and Families and another – WLR Daily
“S 84(4) of the Adoption and Children Act 2002 did not require that the period of ten weeks referred to in that section be spent in the United Kingdom.”
WLR Daily, 6th 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.
