12/02/2009 – Current Awareness

“Legal aid fees paid to family barristers are to be differently allocated to focus help to the most vulnerable families and children, and to combat rises in the family legal aid bill Legal Aid Minister Lord Bach and Legal Services Commission (LSC) Chief Executive Carolyn Regan announced today.”

Full story

Ministry of Justice, 12th February 2009

Source: www.justice.gov.uk

Lack of warning in first email made dismissal unfair, says EAT – OUT-LAW.com

Posted February 12th, 2009 in disciplinary procedures, electronic mail, news, unfair dismissal by sally

“An employee’s dismissal was unfair because the email inviting him to the first in a series of disciplinary meetings did not specifically say that the process might result in dismissal, the Employment Appeals Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 12th February 2009

Source: www.out-law.com

Truancy jailing every two weeks – BBC News

Posted February 12th, 2009 in news, parental responsibility, sentencing, truancy by sally

“A parent is jailed for their child’s truancy once a fortnight every school term in England and Wales, analysis of court statistics shows.”

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BBC News, 12th February 2009

Source: www.bbc.co.uk

How the Government is helping the bereaved in its Coroners and Justice Bill – The Times

Posted February 12th, 2009 in inquests, news by sally

“The proposed reforms to the Inquest system, criticised by David Pannick, QC, in Times Law last month, are vital to ensure that we offer bereaved people the best possible information and support at what is likely to be one of the most traumatic periods of their life.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

Zipher Ltd v Markem Systems Ltd and another – WLR Daily

Posted February 12th, 2009 in appeals, law reports, undertakings by sally

Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48

“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”

WLR Daily, 11th February 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.

Ugiagbe v Southwark London Borough Council – WLR Daily

Posted February 12th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47

“A person’s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ‘good faith’ for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless.”

WLR Daily, 11th February 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 (Liverpool City Council) v Hillingdon London Borough Council – WLR Daily

Posted February 12th, 2009 in asylum, children, law reports, local government, social services by sally

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

“The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself wanted to live in the area of that other authority. S 20 of the Children Act 1989 imposed a duty on the local authority to carry out a proper assessment of the child’s welfare needs and the type and location of accommodation that would meet those needs.”

WLR Daily, 11th February 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.

Allianz SpA and another v West Tankers Inc – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th February 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.

British Broadcasting Corporation v Sugar and Another – Times Law Reports

Posted February 12th, 2009 in BBC, freedom of information, law reports by sally

British Broadcasting Corporation v Sugar and Another

House of Lords

“The British Broadcasting Corporation was a public authority for the purposes of the Freedom of Information Act 2000 which meant that all requests for information were subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held for the purposes of art, journalism or literature.”

The Times, 12th February 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.

BAILII: Recent Decisions

Posted February 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)

Laker Vent Engineering Ltd v Templeton Insurance Ltd [2009] EWCA Civ 62 (11 February 2009)

High Court (Chancery Division)

Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009)

High Court (Administrative Court)

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 12th, 2009 in legislation by sally

The Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2009

The Gambling Act 2005 (Variation of Monetary Limit) Order 2009

The Plastic Materials and Articles in Contact with Food (England) Regulations 2009

The Companies Act 2006 (Amendment of Schedule 2) Order 2009

The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

Source: www.opsi.gov.uk

Banks rescue bill set to become law – The Independent

Posted February 12th, 2009 in banking, bills, news by sally

“A ‘ping-pong’ between the two Houses of Parliament was avoided today, when peers accepted a Commons change to the Banking Bill, which now goes for Royal Assent.”

Full story

The Independent, 11th February 2009

Source: www.independent.co.uk

Ensuring confidence and transparency in the electoral system – Ministry of Justice

Posted February 12th, 2009 in elections, news by sally

“Justice Minister Michael Wills has given a speech on public confidence and transparency in the democratic process to the Association of Electoral Administrators Conference in Brighton.”

Full story

Ministry of Justice, 10th February 2009

Source: www.justice.gov.uk

Software body slams Government’s ‘special treatment’ of music industry – OUT-LAW.com

“The Government’s Digital Britain plan is a failure that gives favourable treatment to the music business and props up failed business models, a software trade body has said.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

Trader who received £1.2m bonus can sue for extra £100,000, court rules – The Times

Posted February 12th, 2009 in jurisdiction, news, remuneration, tribunals by sally

“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”

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The Times, 11th February 2009

Source: www.timesonline.co.uk

Smacking row family win right to adopt – Daily Telegraph

Posted February 12th, 2009 in adoption, corporal punishment, news by sally

“A family has won the right to adopt a girl after they were banned when the father smacked a child for swearing.”

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Daily Telegraph, 11th February 2009

Source: www.telegraph.co.uk

Why we have still not learnt the lessons from Harold Shipman – The Times

Posted February 12th, 2009 in doctors, murder, news by sally

“Ten years ago Harold Shipman was making headlines after he was charged with the murder of 15 of his patients. A public inquiry found that Shipman had used loopholes in the systems in which he practised as a family doctor to kill more than 215 people and to avoid detection for many years.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

Mother and boyfriend guilty of inflicting 107 injuries on child – The Independent

Posted February 12th, 2009 in child abuse, child cruelty, news by sally

“A girl aged two was beaten to death by her mother and her boyfriend, who inflicted 107 separate injuries during four weeks of violence.”

Full story

The Independent, 12th February 2009

Source: www.independent.co.uk