Family Procedure Rule Committee news: November – December 2008 – Ministry of Justice
“The Family Procedure Rule Committee has published details of its work in November and December 2008.”
Ministry of Justice, 27th January 2009
Source: www.justice.gov.uk
Responding to human rights judgments – Ministry of Justice
“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.”
Ministry of Justice, 27th January 2009
Source: www.justice.gov.uk
Blogger who didn’t delete comment cannot sue over it, says High Court – OUT-LAW.com
“A man who was criticised in the comments section of his own blog cannot sue for defamation because he did not delete the comment when he discovered it, the High Court has said. The Court said that the man consented to the comment’s publication.”
OUT-LAW.com, 27th January 2009
Source: www.out-law.com
Virgin Atlantic loses design rights and patent claims over flatbed seats – OUT-LAW.com
“Airline Virgin Atlantic has lost its claim that a rival airline’s seat infringed its intellectual property rights. Virgin Atlantic’s patent design rights were not infringed by a design produced by Virgin’s seat design contractor for a rival, the High Court said.”
OUT-LAW.com, 27th January 2009
Source: www.out-law.com
Two men jailed after pub murder – BBC News
“A man has been sentenced to life for shooting dead a father-of-two in a pub.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
Squatters ordered out of Mayfair – BBC news
“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
Mentally ill victim was failed by CPS – The Independent
“A decision by prosecutors to drop a serious criminal assault case because the victim, who had half an ear bitten off, suffered mental health problems, has been severely criticised by High Court judges.”
The Independent, 28th January 2009
Source: www.independent.co.uk
Secret Cabinet minutes on Iraq must be made public, tribunal rules – The Times
“Minutes of Cabinet discussions on the legality of war in Iraq have been ordered to be made public by the Information Tribunal, which today rejected appeals by the head of the civil service to keep them secret.”
The Times, 27th January 2009
Source: www.timesonline.co.uk
Police forces not meeting standards for monitoring sex offenders – Daily Telegraph
“An investigation claimed at least 30 forces were failing to meet guidelines on the minimum number of home visits for sex offenders under their watch.”
Daily Telegraph, 28th January 2009
Source: www.telegraph.co.uk
Cheltenham director Christine Laird sued for ‘lying about illness’ – The Times
“A local authority accused its former managing director of fraudulent behaviour and deceit yesterday, claiming that she withheld her history of depressive illness when applying for the job.”
The Times, 28th January 2009
Source: www.timesonline.co.uk
Thousands of care homes face £50,00 fine over failure to reach basic standard – The Times
“One in five residential care homes in England flouts national minimum standards and could face fines of up to £50,000 when a new regulator takes over this year, the industry has been warned.”
The Times, 28th January 2009
Source: www.timesonline.co.uk
Mother wins drive ban law change – BBC News
“A Teesside mother, whose daughter was killed by a drink-driver, has helped win a change in the law on bans served by jailed motorists.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
Man jailed over footballer raid – BBC News
“A man has been jailed for two-and-a-half years for handling a haul of goods stolen from the Liverpool midfielder Lucas Leiva.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
Baby death official is struck off – BBC News
“A social worker has been struck off for showing ‘extremely poor judgement’ in dealing with a case in which a 13-month-old boy was later murdered.”
BBC News, 26th January 2009
Source: www.bbc.co.uk
BAILII : Recent Decisions
Court of Appeal (Civil Division)
Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15 (26 January 2009)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Shah & Anor v HSBC Private Bank (UK) Ltd. [2009] EWHC 79 (QB) (26 January 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008
The Wireless Telegraphy (Vehicle Based Intelligent Transport Systems) (Exemption) Regulations 2009
The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2009
The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008
Source: www.opsi.gov.uk
Clarence House Ltd v National Westminster Bank plc – WLR Daily
Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22
“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”
WLR Daily, 26th 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.
Maher and Maher v Groupama Grand Est – WLR Daily
Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21
“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”
WLR Daily, 26th 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.
R (Wright and others) v Secretary of State for Health and another – WLR Daily
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20
“The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”
WLR Daily, 26th 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.
