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
Day: 22 January 2009
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.
Akinnoye Agbaje v Akinnoye Agbaje – WLR Daily
Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11
“A careful approach was required where a court was determining whether to exercise its jurisdiction under Pt III of the Matrimonial and Family Proceedings Act 1984 to grant an applicant leave to apply for financial relief in this jurisdiction following a divorce in an overseas country.”
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.
Jain and Another v Trent Strategic Health Authority – Times Law Reports
Jain and Another v Trent Strategic Health Authority
House of Lords
“Although there was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home, the procedure by the authority had registration of the nursing home cancelled, appeared to be in breach of the owners’ rights under the European Convention on Human Rights.”
The Times, 22nd 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.
Firm sued for £6.6m road repair – BBC News
“An engineering firm is being sued over work done on the A5 in north Wales by the Welsh Assembly Government.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
Complaint after OAP shot by Taser – BBC News
“The case of an 89-year-old man, who was shot with a Taser gun by officers, has been referred to a police watchdog.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
‘NatWest Three’ transferred to British prison – The Times
“The ‘NatWest Three’ bankers, who were jailed in the United States for a £3.5 million Enron-related fraud, are now in a British prison serving the remainer of their 37-month sentence.”
The Times, 21st January 2009
Source: www.timesonline.co.uk
Kitten row murderer jailed for life – The Independent
“A man who stabbed his partner to death in an argument that stemmed from a disagreement about their kitten was sentenced to life in prison today.”
The Independent, 21st January 2009
Source: www.independent.co.uk
The moment grammar school boy left in coma by rival – Daily Telegraph
“Jack Blanchard was left in a coma for 10 days and will suffer permanent brain damage after having his head stamped upon by 14-year-old Jordan Akehurst in front of a crowd of at least 12 teenagers in Rainham, Kent, last year.”
Daily Telegraph, 21st January 2009
Source: www.telegraph.co.uk
Police constable ‘smacked’ child – BBC News
“A policeman described in court as having a Dickensian attitude has been given a suspended jail sentence after he hit a primary school-age child.”
BBC News, 21st January 2009
Source: www.bbc.co.uk
Man jailed for shooting at police
“A man who shot at three policemen has been jailed for 30 years.”
BBC News, 21st January 2009
Source: www.bbc.co.uk
New era of patient rights claimed for NHS – The Times
“An end to the ‘doctor knows best’ era of medicine was heralded by ministers yesterday as Gordon Brown published a constitution for the NHS.”
The Times, 22nd January 2009
Source: www.timesonline.co.uk
