Hospital at fault over baby death – BBC News
“A couple from Worcestershire have received a five-figure pay out after hospital staff missed warning signs that led to their baby’s death.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
Firm to pay price of trainee sacking – Law Society’s Gazette
“Firms that sack a trainee without the agreement of the Solicitors Regulation Authority could find themselves liable for hefty damages, a landmark employment tribunal decision suggests.”
Law Society’s Gazette, 22nd January 2009
Source: www.lawgazette.co.uk
Husband killer fights nursing ban – BBC News
“A 61-year-old woman from Kent who admitted killing her estranged husband with an axe is fighting a decision to strike her off the nurses’ register.”
BBC News, 23rd January 2009
Source: www.bbc.co.uk
Fears over stop and search powers – BBC News
“Metropolitan Police officers are stopping and searching too many innocent people using powers designed for fighting terrorism, it is claimed.”
BBC News, 23rd January 2009
Source: www.bbc.co.uk
Woman who let son, three, smoke is sentenced – The Guardian
“A mother who let her three-year-old son smoke a cigarette butt while she talked on the telephone was given a suspended sentence yesterday.”
The Guardian, 23rd January 2009
Source: www.guardian.co.uk
Straw and Hain censured over donations – The Independent
“Jack Straw, the Justice Secretary, and the former cabinet minister Peter Hain received embarrassing rebukes from anti-sleaze watchdogs yesterday over their failure to register donations.”
The Independent, 23rd January 2009
Source: www.independent.co.uk
Steven Gerrard to appear in court following alleged nightclub attack – Daily Telegraph
“England star Gerrard, 28, is due to appear at North Sefton Magistrates’ Court, in Southport after part-time disc jockey Marcus McGee was allegedly left with bruises and a missing tooth after a fight in the town’s Lounge Club on December 29.”
Daily Telegraph, 23rd Janaury 2009
Source: www.telegraph.co.uk
Gypsies on greenbelt site face eviction after court ruling – The Guardian
“More than 100 Gypsy families living illegally on greenbelt land in Essex were yesterday told they would be evicted after a senior judge ruled that allowing them to stay would encourage others to follow their lead.”
The Guardian, 23rd January 2009
Soure: www.guardian.co.uk
Asylum system not coping with backlog of cases, says watchdog – The Guardian
“The asylum system is developing a backlog of new cases that threaten to undermine efforts to clear an existing bank of more than 200,000 ‘legacy cases’, some dating back more than 10 years, a Whitehall spending watchdog warns today.”
The Guardian, 23rd January 2009
Source: www.guardian.co.uk
‘Superhead’ is banned after giving twin sister £80,000 school post – The Times
“A headmistress made a dame after transforming a sink-estate school and then sacked amid accusations of nepotism and financial mismanagement, was yesterday banned from running another school.”
The Times, 23rd January 2009
Source: www.timesonline.co.uk
Fresh inquest into custody death – BBC News
“A fresh inquest into the death of a Lancashire teenager found hanged at a secure unit in County Durham has been ordered by the High Court.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
Home Office guilty of data breach – BBC News
“The Home Office broke data protection laws when a contractor lost a memory stick with information on thousands of prisoners, a watchdog has ruled.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
Do atomic test victims deserve compensation? – The Times
“Fifty years ago the UK Government began a series of atomic and thermonuclear weapons tests on the Australian mainland, on Christmas Island and elsewhere in the South Pacific. About 25,000 members of the British, Australian and New Zealand Armed Forces, many national servicemen, and some Fijians, took part in the testing programme — either actively or as bystanders. This week nearly 1,000 veterans took their multimillion-pound compensation claim against the Ministry of Defence (MoD) to the High Court. They say they have suffered illnesses — including cancers, skin defects and fertility problems — because of exposure to radiation from the tests.”
The Times, 22nd January 2009
Source: www.timesonline.co.uk
UK consumers could win rights of direct action under unfair trading law – OUT-LAW.com
“The European Parliament has called for a change to the way the UK has implemented consumer protection laws to allow cheated customers to take direct action against businesses.”
OUT-LAW.com, 22nd January 2009
Source: www.out-law.com
Commission tackles Microsoft again over product bundling – OUT-LAW.com
“Microsoft is abusing its dominant position in the PC software market by including its browser software with every Windows operating system it sells, the European Commission has said.”
OUT-LAW.com, 21st January 2009
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tele2 International Card Company SA & Ors v Post Office Ltd [2009] EWCA Civ 9 (21 January 2009)
Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)
High Court (Administrative Court)
High Court (Patents Court)
High Court (Commercial Court)
Office of Fair Trading v Abbey National Plc & Ors [2009] EWHC 36 (Comm) (21 January 2009)
Source: www.bailii.org.uk
Recent Statutory Instruments – OPSI
Laroche v Spirit of Adventure (UK) Ltd – WLR Daily
Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12; [2009] WLR (D) 14
“Giving a purposive construction to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, a hot-air balloon was an aircraft, within the meaning of art 1, and the person flying in it was a passenger of the aircraft, within the meaning of art 17, whether he paid for his flight or not.”
WLR Daily, 21st 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.
Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06) – WLR Daily
“Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid annual leave at a later time or, in the case of employees who had been dismissed, to a payment in lieu.”
WLR Daily, 21st 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.
Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily
“In order to comply with the requirement in ss 26(4) and 103(9) of the Extradition Act 2003 that notice of an appeal to the High Court must be ‘given’ within the specified period the notice had to be both served on all respondents to the appeal and filed in the court within that period, and the court had no power to grant an extension of time.”
WLR Daily, 21st 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.
