Sick workers entitled to full holiday pay, European court rules – The Times
“Workers on long-term sick leave are entitled to paid holidays, one of Europe’s highest courts ruled today.”
The Times, 20th January 2009
Source: www.timesonline.co.uk
Recent Statutory Instruments – OPSI
The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008
The Civil Enforcement of Parking Contraventions (County of Derbyshire) Designation Order 2009
The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2009
The Income-related Benefits (Subsidy to Authorities) Amendment Order 2009
The Feeding Stuffs (England) (Amendment) Regulations 2009
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2009
Source: www.opsi.gov.uk
BAILII : Recent Decisions
Court of Appeal (Civil Division)
ZH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 8 (19 January 2009)
High Court (Administrative Court)
SP v Secretary of State for Justice [2009] EWHC 13 (Admin) (19 January 2009)
High Court (Chancery Division)
Angel Solicitors (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch) (19 January 2009)
High Court (Queen’s Bench Division)
Bukhari v Pow Trust & Ors [2009] EWHC 19 (QB) (16 January 2009)
Source: www.bailii.org
Allianz Insurance Co – Egypt v Aigaion Insurance Co SA
Allianz Insurance Co – Egypt v Aigaion Insurance Co SA
Court of Appeal
“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”
The Times, 20th January 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.
R v Khan and others – WLR Daily
R v Khan and others [2009] EWCA Crim 2; [2009] WLR (D) 8
“Where a member of the same household as a child or vulnerable adult was charged with allowing his or her death, the question whether the defendant had had frequent contact with him or her was a free-standing question, unrelated to issues whether that person had been, or ought to have been, aware of the risk of serious harm to the child or vulnerable adult, and whether the unlawful act had occurred in circumstances of the kind which the defendant had foreseen or ought to have foreseen.”
WLR Daily, 16th January 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.
VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily
“If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”
WLR Daily, 16th January 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.
Criminal Justice and Immigration Act: possession of extreme pornographic images – Ministry of Justice
“A circular on the implementation of sections 63-67 and 71 of the Criminal Justice and Immigration Act on the possession of extreme pornographic images and the increase in the maximum sentence for offences under the Obscene Publications Act 1959.”
Ministry of Justice, 19th January 2009
Source: www.justice.gov.uk
Charities angry at rape sentences – BBC News
“Disabled charities have condemned the sentences of three men who raped a girl and left her permanently disfigured by throwing caustic soda over her.”
BBC News, 20th January 2009
Source: www.bbc.co.uk
Black staff sacked by Refugee Council win discrimination case – The Independent
“The British Refugee Council has been ordered to pay one of its former employees £30,000 in compensation after a tribunal ruled that it was guilty of racial discrimination when it sacked the only two black people working at an immigration centre.”
The Independent, 20th January 2009
Source: www.independent.co.uk
People caught with cannabis after it is reclassified to escape fines after delay – Daily Telegraph
“People caught smoking cannabis will escape £80 on-the-spot fines when the drug is reclassified next week.”
Daily Telegraph, 19th Janaury 2009
Source: www.telegraph.co.uk
Paedophile pair jailed for life – BBC News
“Two brothers from Kent who subjected young children to a catalogue of ‘grave’ sexual abuse over two decades have been jailed for life.”
BBC News, 19th January 2009
Source: www.bbc.co.uk
Delays to on-the-spot fine plans – BBC News
“Plans to increase the number of offences punishable by on-the-spot fines have been delayed amid concerns voiced by magistrates.”
BBC News, 20th January 2009
Source: www.bbc.co.uk
Firm fined £140,000 over smells – BBC News
“A firm whose Lincolnshire factory emitted smells which left residents feeling ill has been fined £140,000.”
BBC News, 19th January 2009
Source: www.bbc.co.uk
Man guilty of transsexual murder – BBC News
“A roofer has been found guilty in the 11-year-old murder case of a transsexual prostitute in London.”
BBC News, 19th January 2009
Source: www.bbc.co.uk
Judge condemns ‘torrent’ of laws – BBC News
“Lord Phillips, formerly the UK’s most senior judge, has criticised the government for introducing a ‘ceaseless torrent of legislation.’ ”
BBC News, 19th January 2009
Source: www.bbc.co.uk
Diabetic man died after police mistook him for drink-driver, inquest hears – Daily Telegraph
“A diabetic man died after being wrongly arrested for drink-driving when police mistook his symptoms for the effects of alcohol.”
Daily Telegraph, 19th January 2009
Source: www.telegraph.co.uk
Pensioner wins £28,000 payout after being left ill by drugs trial – Daily Telegraph
“A pensioner has won an £28,000 payout from a pharmaceutical company after being left seriously ill during a drugs trial.”
Daily Telegraph, 19th January 2009
Source: www.telegraph.co.uk
Trio jailed for gang rape and caustic soda attack on teenager – The Guardian
“Three men who filmed themselves gang-raping a 16-year-old girl before dousing her in caustic soda were today sentenced to between six and nine years in jail.”
The Guardian, 19th January 2009
Source: www.guardian.co.uk
Alternative therapy ‘crackdown’ – BBC News
“The head of the UK’s first regulator for complementary medicine has promised to get tough with the industry and drive out cowboy therapists.”
BBC News, 19th January 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)
Source: www.bailii.org
