Legal News

Cotton v Secretary of State for Work and Pensions ? WLR Daily

Posted on December 18, 2009
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372 “Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in [...

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others ? WLR Daily

Posted on December 18, 2009
Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others [2009] EWHC 3228 (Ch); [2009] WLR (D) 371 “The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7′) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money...

Regina v Round; Reginav Dunn ? WLR Daily

Posted on December 18, 2009
Regina v Round; Reginav Dunn [2009] EWCA Crim 2667; [2009] WLR (D) 370 “It was not incumbent on sentencing judges to structure consecutive sentences differently from the ordinary manner of expressing their sentences in order to maximise the uncertain possibilities of home detention curfew...

Cavel USA, Inc and another v Seaton Insurance Co and another ? WLR Daily

Posted on December 18, 2009
Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369 “The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the [...

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In re S-B (Children) (Care proceedings: Standard of proof) ? Times Law Reports

Posted on December 18, 2009
In re S-B (Children) (Care proceedings: Standard of proof) Supreme Court “When considering who caused injury to a child out of a pool of two or more potential perpetrators, the standard of proof was the civil standard of the balance of probabilities and that standard did not vary according the gravity of the injuries or conduct alleged...

Consolidated Fund Act 2000

Posted on December 18, 2009
Consolidated Fund Act 2009 published Full text of Act Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted on December 18, 2009
Court of Appeal (Civil Division) Global Process Systems Inc & Anor v Berhad [2009] EWCA Civ 1398 (17 December 2009) Boots Company Plc v HM Revenue & Customs [2009] EWCA Civ 1396 (17 December 2009) National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 (17 December 2009) Cooper & Ors v Fanmailuk...

Recent Statutory Instruments ? OPSI

Posted on December 18, 2009
The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2009 The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2009 The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2009 The Welsh Health Specialised Services Committee (Wales) Regulations 2009 The Tax Credits (Excluded Companies) Regulations 2009 The Saving Gateway Accounts Act 2009 (Commencement No...

Lawyers cash in on NHS negligence cases ? Daily Telegraph

Posted on December 18, 2009
“One in five NHS negligence claims now results in lawyers picking up more in compensation than the patient they act for.” Full story Daily Telegraph, 18th December 2009 Source: www.telegraph.co.uk

Man guilty of attempting to have sex with rottweiler ? The Independent

Posted on December 18, 2009
“A North Wales man was found guilty yesterday of attempting to have sex with a rottweiler.” Full story The Independent, 17th December 2009 Source: www.independent.co.uk

Evolution of quirks and loopholes has skewed legal system ? The Times

Posted on December 18, 2009
“Laywers are quick to defend the practice of no-win, no-fee as the way that people without funds can get access to justice.” Full story The Times, 18th December 2009 Source: www.timesonline.co.uk

Expert claims file-sharing Bill could give Government control of the internet ? OUT-LAW.com

Posted on December 18, 2009
“The Digital Economy Bill would give the Government the power to control the internet access of UK citizens by ministerial order, bypassing Parliament and without an adequate right of appeal, according to one legal expert.” Full story OUT-LAW...

British Airways strike blocked by court ? BBC News

Posted on December 18, 2009
“A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.” Full story BBC News, 17th December 2009 Source: www.bbc.co.uk

Hunting ban legal challenge fails after court says it ?doesn?t breach human rights? ? Daily Telegraph

Posted on December 18, 2009
“A legal challenge over the hunting ban has failed after a European court ruled that it did not infringe human rights.” Full story Daily Telegraph, 18th December 2009 Source: www.telegraph.co.uk

Trafigura accepts £25,000 damages from BBC over waste dumping allegations ? The Times

Posted on December 18, 2009
“The oil-trading company Trafigura accepted £25,000 libel damages and an apology today over a BBC Newsnight claim that its actions had caused deaths, miscarriages, serious injuries and long-term sickness.” Full story The Times, 18th December 2009 Source: www...

?Honour? case father guilty of killing Tulay Goren ? BBC News

Posted on December 17, 2009
“A father has been found guilty of murdering his 15-year-old daughter in a so-called honour killing.” Full story BBC News, 17th December 2009 Source: www.bbc.co.uk

Law Society seeks judicial review over costs capping ? Law Society?s Gazette

Posted on December 17, 2009
“The Law Society is set to seek a judicial review of the government?s move to drastically reduce the legal costs that defendants can reclaim if they are acquitted of a criminal offence.” Full story Law Society’s Gazette, 17th December 2009 Source: www...

Firework factory explosion death pair jailed ? BBC News

Posted on December 17, 2009
“A father and son have been jailed for the manslaughter of two firemen killed in an explosion at a fireworks factory.” Full story BBC News, 16th December 2009 Source: www.bbc.co.uk

Judge ?failed in public duty? by refusing to jail teen knife criminal ? Daily Telegraph

Posted on December 17, 2009
“A judge who gave a community punishment to a teenage girl for her part in a near-fatal stabbing ‘wholly failed’ in his public duty, London’s Court of Appeal has ruled.” Full story Daily Telegraph, 17th December 2009 Source: www...

Crash death lorry driver jailed ? BBC News

Posted on December 17, 2009
“A lorry driver who hit a line of queuing traffic on the M40 in Buckinghamshire, killing a mother-of-two, has been jailed.” Full story BBC News, 15th December 2009 Source: www.bbc.co.uk

Forced marriage law not being used enough ? BBC News

Posted on December 17, 2009
“Laws introduced to stop forced marriages are not being used widely enough and social workers’ efforts to tackle the issue are also being hampered, according to experts.” Full story BBC News, 17th December 2009 Source: www.bbc.co.uk

R (E) v Governing Body of JFS and another (United Synagogue and others intervening) ? WLR Daily

Posted on December 17, 2009
R (E) v Governing Body of JFS and another (United Synagogue and others intervening) [2009] UKSC 15; [2009] WLR (D) 366 “A Jewish school which, in the event of the school being oversubscribed, gave priority to children who were recognised as Jews according to the tenets of Orthodox Judaism, ie the children of mothers who were [...

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) ? WLR Daily

Posted on December 17, 2009
Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) [2009] UKSC 16; [2009] WLR (D) 367 “Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter [...

Lucasfilm Ltd and others v Ainsworth and another ? WLR Daily

Posted on December 17, 2009
Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367 “A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of [...

Regina (E) v Governing Body of JFS and Another, United Synagogue and Others intervening ? Times Law Reports

Posted on December 17, 2009
Regina (E) v Governing Body of JFS and Another, United Synagogue and Others intervening Supreme Court “The admissions policy of a Jewish school which gave priority, in the event of oversubscription, to children who were recognised as Jews under the standard Orthodox test of matrilineal descent, someone whose mother was a Jew either by birth or conversion, [...

Recent Statutory Instruments ? OPSI

Posted on December 17, 2009
The Employment Rights (Revision of Limits) Order 2009 The European Communities (Designation) (No. 5) Order 2009 Source: www.opsi.gov.uk

European Court of Human Rights in ?crisis? ? Law Society?s Gazette

Posted on December 17, 2009
“Europe?s foremost human rights court is in ?crisis?, with a backlog of more than 120,000 cases waiting up to seven years to be heard, lawyers have warned.” Full story Law Society’s Gazette, 17th December 2009 Source: www.lawgazette...

Foreign Office backs down over Binyam Mohamed censorship ? Daily Telegraph

Posted on December 17, 2009
“The Foreign Office has made a partial climbdown in its legal bid to suppress intelligence material relating to a British resident who claims he was tortured by American security services.” Full story Daily Telegraph, 17th December 2009 Source: www...

National Ability SA v Tinna Oils & Chemicals Ltd ? WLR Daily

Posted on December 17, 2009
National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36 “An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the [...

Wallis v Bristol Water Plc ? WLR Daily

Posted on December 17, 2009
Wallis v Bristol Water Plc [2009] WLR (D) 362 “For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was ?likely to cause contamination? of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 [...

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