Month: March 2009

Bracknell Forest Borough Council v Green and another – WLR Daily

Posted March 24th, 2009 in housing, law reports by sally

Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106

“Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

In re St Peter’s Church, Draycott – WLR Daily

Posted March 24th, 2009 in ecclesiastical law, faculties, law reports by sally

In re St Peter’s Church, Draycott; [2009] WLR (D) 105

“A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.


R (Longato) v Camberwell Green Magistrates’ Court – WLR Daily

Posted March 24th, 2009 in ASBOs, law reports, magistrates by sally

R (Longato) v Camberwell Green Magistrates’ Court [2009] WLR (D) 104

“The statutory procedure for an application to extend a closure order, set out in s 5(3) of the Anti-social Behaviour Act 2003, which provided that within a reasonable time before the hearing of an application a summons might be issued by a justice of the peace to the former occupier of the premises, did not oust or modify the general procedural requirements of the Magistrates’ Courts Act 1980 or r 99 of the Magistrates’ Courts Rules 1981; if the court failed to issue and serve the summons in the manner prescribed, its ability to hear the complaint was fettered.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily

Posted March 24th, 2009 in change of use, law reports, planning by sally

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same [2009] WLR (D) 103

“When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Recent Statutory Instruments – OPSI

Posted March 24th, 2009 in legislation by sally

The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009

The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2009

The Insurance Premium Tax (Amendment of Schedule 6A to the Finance Act 1994) Order 2009

The County of West Sussex (Electoral Changes) Order 2009

The Insolvency (Amendment) Rules 2009

The Department for Transport (Fees) Order 2009

The Civil Enforcement of Parking Contraventions (Bedford) Designation Order 2009

The Contracting Out (Highway Functions) Order 2009

The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2009

The Northern Ireland Act 1998 (Ministerial Offices) Order 2009

The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) (Amendment) Regulations 2009

The Health in Pregnancy Grant (Notices, Revisions and Appeals) (No. 2) Regulations 2009

Source: www.opsi.gov.uk

Laroche v Spirit of Adventure (UK) Ltd – Times Law Reports

Posted March 24th, 2009 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd

Court of Appeal

“A hot-air balloon was an aircraft governed by the Warsaw Convention on International Carriage by Air 1929, as scheduled to the Carriage by Air Act, 1961 and a passenger in it had to bring an action for personal injuries within the two-year period in article 29 of Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480).”

The Times, 24th March 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.

Regina (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening – Times Law Reports

Posted March 24th, 2009 in Crown Prosecution Service, law reports, mental health, prosecutions, victims by sally

Regina (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening

Queen’s Bench Division

“The decision to abandon a prosecution because of the victim’s mental instability was irrational and a violation of the victim’s right not to be subjected to inhuman or degrading treatment protected by article 3 of the European Convention on Human Rights.”

The Times, 24th March 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.

Imageview Management Ltd v Jack – Times Law Reports

Posted March 24th, 2009 in agency, fiduciary duty, law reports, secret profits by sally

Imageview Management Ltd v Jack

Court of Appeal

“An agent who made a secret deal with his principal’s employer breached his fiduciary duty to his principal, forfeited his agency fee and had to account for the secret profit.”

The Times, 24th March 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.

Ombudsmen’s report calls for urgent review of health and social care for people with learning disabilities – Parliamentary and Health Service Ombudsman

Posted March 24th, 2009 in health, learning difficulties, press releases, social services by sally

“Ombudsmen’s report calls for urgent review of health and social care for people with learning disabilities.”

Full press release

Parliamentary and Health Service Ombudsman, 24th March 2009

Source: www.ombudsman.org.uk

NHS is failing patients with learning disabilities, regulators say – The Times

Posted March 24th, 2009 in health, learning difficulties, news by sally

“The National Health Service is failing people with learning disabilities, according to a report published today on the deaths of six disabled patients.”

Full story 

The Times, 24th March 2009

Source: www.timesonline.co.uk

Rights and responsibilities – Ministry of Justice

Posted March 24th, 2009 in constitutional law, human rights, press releases by sally

“A national debate is launched today to explore whether a clearer common understanding of our rights and responsibilities might be built by articulating them in a single text – a Bill of Rights and Responsibilities.”

Full press release

Ministry of Justice, 23rd March 2009

Source: www.justice.gov.uk

Lawyer-client privilege can’t stop surveillance, says House of Lords – OUT-LAW.com

Posted March 24th, 2009 in interception, investigatory powers, legal profession, news, privilege by sally

“The state is allowed to bug communication between lawyers and their clients, the House of Lords has said. The UK’s highest court ruled that spy law the Regulation of Investigatory Powers Act (RIPA) allows lawyers’ conversations to be bugged.”

Full story

OUT-LAW.com, 23rd March 2009

Source: www.out-law.com

Settlement after hospital blunder – BBC News

Posted March 24th, 2009 in birth, compensation, hospitals, negligence, news by sally

“A woman has won a multi-million pound compensation settlement after a blunder at a Wearside hospital left her with serious brain damage.”

Full story 

BBC News, 23rd March 2009

Source: www.bbc.co.uk

Company fined after worker death – BBC News

Posted March 24th, 2009 in health & safety, homicide, negligence, news by sally

“A waste company in Sunderland has been fined £15,000 after one of its workers was killed when he was hit by a 20-tonne dumper truck.”

Full story 

BBC News, 23rd March 2009

Source: www.bbc.co.uk

UK ‘home to 200 rights abusers’ – BBC News

Posted March 24th, 2009 in human rights, immigration, news, war crimes by sally

“More than 200 people responsible for war crimes and other human rights abuses overseas could be living in Britain, the BBC has learned.”

Full story 

BBC News, 24th March 2009

Source: www.bbc.co.uk

Hindu elder in High Court bid for open-air cremation – Daily Telegraph

Posted March 24th, 2009 in burials and cremation, news by sally

“In a test case on religious burials, Davender Ghai, aged 70, is challenging a refusal by Newcastle City Council to permit him to be cremated according to his Hindu faith.”

Full story

Daily Telegraph, 24th March 2009

Source: www.telegraph.co.uk

Google Street View: formal privacy complaint – Daily Telegraph

Posted March 24th, 2009 in internet, news, privacy by sally

“Privacy International has lodged the complaint with the Information Commissioner over claims that a number of people are identifiable through the Street View service.”

Full story

Daily Telegraph, 24th March 2009

Source: www.telegraph.co.uk

The Big Question: Are there illegal government databases and what can we do about it? – The Independent

Posted March 24th, 2009 in data protection, government departments, human rights, news by sally

“The Big Question: Are there illegal government databases and what can we do about it?.”

Full story

The Independent, 24th March 2009

Source: www.independent.co.uk

We must safeguard all children, including young offenders – The Guardian

Posted March 24th, 2009 in children, news, young offenders by sally

“”Lord Laming’s review of child protection procedures ignores the needs of those in the criminal justice system.”

Full story

The Guardian, 24th March 2009

Source: www.guardian.co.uk

Don’t change rules on charges, warns Keir Starmer – The Times

Posted March 24th, 2009 in Crown Prosecution Service, news, police, prosecutions by sally

“The Director of Public Prosecutions delivered a strong warning last night that handing back the job of charging suspects to the police would be a ‘grave mistake’.”

Full story

The Times, 24th March 2009

Source: www.timesonline.co.uk