BAILII: Recent Decisions

Posted February 16th, 2009 in law reports by sally

High Court (Chancery Division)

Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch) (06 February 2009)

Hammonds (A Firm) v Danilunas & Ors [2009] EWHC 216 (Ch) (13 February 2009)

High Court (Administrative Court)

Hampshire Police Authority v Smith [2009] EWHC 174 (Admin) (12 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 16th, 2009 in legislation by sally

The Renewable Transport Fuel Obligations (Amendment) Order 2009

The Enactment of Extra-Statutory Concessions Order 2009

The Companies (Disclosure of Address) Regulations 2009

The European Communities (Definition of Treaties) (Agreements concluded under Article XXI GATS) Order 2009

The General Osteopathic Council (Constitution) Order 2009

The Armed Forces (Pensions)(Prescribed Modification) Order 2009

Source: www.opsi.gov.uk

Companies told to review rules to avoid ‘indirect’ religious discrimination – Daily Telegraph

Posted February 16th, 2009 in employment, employment tribunals, news, religious discrimination by sally

“Companies have been urged to review their workplace rules to ensure they are not discriminating against religious employees, after a sharp rise in the number of faith-related employment tribunals.”

Full story

Daily Telegraph, 16th February 2009

Source: www.telegraph.co.uk

Anti-terror tactics ‘weaken law’ – BBC News

Posted February 16th, 2009 in human rights, news, terrorism by sally

“Anti-terror measures worldwide have seriously undermined international human rights law, a report by legal experts says.”

Full story

BBC News, 16th February 2009

Source: www.bbc.co.uk

Employment Tribunals should ignore previous harassment rulings, says EAT – OUT-LAW.com

Posted February 16th, 2009 in employment tribunals, harassment, news by sally

“Employment Tribunals should ignore precedents set in harassment cases that predate the introduction in 2003 of new definitions from an EU Directive, the Employment Appeals Tribunal has said.”

Full story

OUT-LAW.com, 16th February 2009

Source: www.out-law.com

Corby council accused in first birth defects case since thalidomide – The Times

Posted February 16th, 2009 in birth, industrial injuries, negligence, news, pollution by sally

“A council was today accused of causing birth defects to 18 babies after its redevelopment of a gigantic former steelworks was allegedly marred by negligence, greed and nepotism. ”

Full story

The Times, 16th February 2009

Source: www.timesonline.co.uk

Lager court cost for wife attack – BBC News

Posted February 16th, 2009 in assault, domestic violence, news, sentencing by sally

“A ‘drunken bully’ who broke his wife’s wrist has been spared jail, but ordered to pay £1 a day – ‘the cost of a can of Special Brew’ – in court costs.”

Full story

BBC News, 16th February 2009

Source: www.bbc.co.uk

Three years’ jail for killing family of six – The Independent

Posted February 16th, 2009 in dangerous driving, news, sentencing by sally

“A Portuguese lorry driver was today jailed for three years for causing the deaths of a family of six.”

Full story

The Independent, 16th February 2009

Source: www.independent.co.uk

The ethics of keeping a child from its parents – BBC News

Posted February 16th, 2009 in adoption, child abuse, news by sally

“A child is removed after its parents are accused of abuse. The child is adopted and settles with a new family. If the parents are then cleared, should the child be returned, ask ethicists Rebecca Roache and Barbro Bjorkman.”

Full story

BBC News, 16th February 2009

Source: www.bbc.co.uk

Is it a crime to take pictures? – BBC News

Posted February 16th, 2009 in news, police, terrorism by sally

“From today, anyone taking a photograph of a police officer could be deemed to have committed a criminal offence.”

Full story

BBC News, 16th February 2009

Source: www.bbc.co.uk

Bar Council Welcomes IFSL Report: London Strengthens its Position as Centre of Legal Expertise Despite Downturn – The Bar Council

Posted February 16th, 2009 in barristers, news by sally

“The Bar Council has today welcomed the publication of the International Financial Services London’s (IFSL) Legal Services 2009 report. The report highlights the strength of London as an international centre of legal expertise which saw the legal sector grow in the 2007/8 financial year, despite the start of the economic downturn.”

Full story

The Bar Council, 16th February 2009

Source: www.barcouncil.org.uk

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA – Times Law Reports

Posted February 16th, 2009 in aircraft, carriage by air, compensation, EC law, law reports by sally

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA Case C-549/07

Court of Justice of the European Communities

“A technical problem in an aircraft which led to the cancellation of a flight did not constitute a sufficiently extraordinary circumstance to justify the carrier refusing to pay compensation to passengers unless the problem stemmed from events which, by their nature or origin, were not inherent in the normal exercise of the carrier’s activity and were beyond its actual control.”

The Times, 16th 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.

Former Belgo executive faces insider-dealing trial as wave of prosecutions reaches court – The Times

Posted February 16th, 2009 in insider dealing, news by sally

“A former senior executive of Belgo Group, the restaurant operator, is to go on trial for insider dealing today in the first of an unprecedented series of criminal prosecutions.”

Full story

The Times, 16th February 2009

Source: www.timesonline.co.uk

Recession-hit firms ‘use dodges to shed staff without redundancy pay’ – The Guardian

Posted February 16th, 2009 in news, redundancy by sally

“Struggling companies seeking to cut staff are avoiding the cost of redundancy payments by sacking workers for spurious reasons or falsely claiming they face only a temporary layoff, figures from advice groups and tribunals show.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

Banking Act 2008

Posted February 16th, 2009 in banking, legislation by sally

Banking Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Suspended magistrate is reinstated as review finds dismissal was ‘disproportionate’ – The Guardian

Posted February 16th, 2009 in dismissal, magistrates, news by sally

“A magistrate who was suspended for criticising the police is to be reinstated after an independent review decided a recommendation to dismiss her was ‘disproportionate’ and the hearing that led to it was flawed and unfair, the Guardian has learned.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

Miliband faces new ‘torture cover-up’ storm – The Guardian

Posted February 16th, 2009 in disclosure, evidence, news, terrorism, torture by sally

“David Miliband, the foreign secretary, was last night facing fresh pressure over torture allegations after it was revealed that his officials asked the US for help in suppressing crucial evidence.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

Rules to curb lapdancing could mean more strip nights in local pubs – The Guardian

Posted February 16th, 2009 in licensed premises, licensing, news, sex establishments by sally

“Flaws in proposed legislation aimed at curbing lapdancing venues could lead to more one-off strip nights at pubs and clubs, campaign groups warned yesterday.”

Full story

The Guardian, 14th February 2009

Source: www.guardian.co.uk

Police chiefs body faces calls for review after cash revelations – The Guardian

Posted February 16th, 2009 in news, police by sally

“The Association of Chief Police Officers was yesterday facing calls for a ‘fundamental review’ of the way it works, after reports emerged that the independent organisation is raising millions of pounds through commercial activities.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

Judge takes 12,000 words to define a tree – Daily Telegraph

Posted February 16th, 2009 in news, trees by sally

“A High Court judge, Mr Justice Cranston, has taken 12,000 words to answer the question: What is a tree?”

Full story

Daily Telegraph, 13th February 2009

Source: www.telegraph.co.uk