Month: March 2009

Rottmann v Brittain; In re Rottmann (a bankrupt) – WLR Daily

Posted March 20th, 2009 in bankruptcy, law reports, self-incrimination by sally

Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101

“The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”

WLR Daily, 18th 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.

King v Director of Serious Fraud Office – WLR Daily

Posted March 20th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100

“The Crown Court’s jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales.”

WLR Daily, 18th 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.

Hatzl and another v XL Insurance Co Ltd – WLR Daily

Posted March 20th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th 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.

Law firm staff win landmark TUPE claim – Law Society’s Gazette

Posted March 20th, 2009 in news, transfer of undertakings, unfair dismissal by sally

“Firms winning legal service contracts from competitors could face a ‘landslide’ of six-figure claims for unfair dismissal if they do not take on staff on reasonable terms along with the contract, the winner of a landmark employment tribunal case said this week.”

Full story

Law Society’s Gazette, 19th March 2009

Source: www.lawgazette.co.uk

Important changes to the Knowledge of Life requirement for settlement applications – UK Border Agency

Posted March 20th, 2009 in immigration, press releases, regulations by sally

“Applications for settlement, in certain categories require the applicant to demonstrate that the Knowledge of Life in the UK (KOL) requirement has been met, before settlement can be granted.”

Full press release

UK Border Agency, 19th March 2009

Source: www.uba.homeoffice.gov.uk

New rules for skilled and highly skilled migrant workers – UK Border Agency

Posted March 20th, 2009 in immigration, press releases by sally

“The Immigration Rules covering highly skilled migrant workers will change on 31 March 2009, raising the academic and financial requirements of two categories in Tier 1 of the points-based system. At the same time, the resident labour market test will be strengthened to ensure that skilled jobs are advertised within the United Kingdom before they can be offered to migrant workers.”

Full press release

UK Border Agency, 18th March 2009

Source: www.uba.homeoffice.gov.uk

Criminal justice measures to enhance fraud prosecutions to be introduced – Attorney General’s Office

Posted March 20th, 2009 in fraud, press releases, prosecutions by sally

“Criminal justice measures to enhance fraud prosecutions.”

Full press release

Attorney General’s Office, 18th March 2009

Source: www.attorneygeneral.gov.uk

 

Gargett v Lambeth London Borough Council – Times Law Reports

Posted March 20th, 2009 in benefits, housing, law reports, rent by sally

Gargett v Lambeth London Borough Council

Court of Appeal

“An applicant who had been in receipt of income and housing benefit and had been paid her housing costs had not been deprived of the right to seek discretionary housing payments for arrears of unpaid increased rent on the ground she had already received her housing costs payment.”

The Times, 20th 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 (AM and Others) v Secretary of State for the Home Department and Another – Times Law Reports

Posted March 20th, 2009 in detention, human rights, immigration, law reports by sally

Regina (AM and Others) v Secretary of State for the Home Department and Another

Court of Appeal

“Allegations of inhuman or degrading treatment of inmates at a privately run immigration detention centre should have been investigated by the Secretary of State for the Home Department to meet the United Kingdom’s obligation under article 3 of the European Convention on Human Rights.”

The Times, 20th 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.

Emergency law to halt inmates’ court payouts for slopping out – The Guardian

Posted March 20th, 2009 in compensation, human rights, news, prisons by sally

“Ministers are to introduce emergency legislation to prevent thousands of prison inmates pursuing more than £55m in compensation for a breach of human rights over ‘slopping out’.”

Full story

The Guardian, 20th March 2009

Source: www.guardian.co.uk

Met chief orders inquiry on beaten terror suspect – The Independent

Posted March 20th, 2009 in news, personal injuries, police, terrorism by sally

“Metropolitan Police Commissioner Sir Paul Stephenson last night demanded an urgent independent inquiry into why officers who arrested a terror suspect refused to give evidence to a High Court hearing into allegations of abuse.”

Full story

The Independent, 19th March 2009

Source: www.independent.co.uk

Teacher who flew to Brunei for 13-minute Army interview wins £35,000 – Daily Telegraph

Posted March 20th, 2009 in news, sex discrimination by sally

“A woman who flew halfway around the world for a 13-minute interview then denied the job because Army bosses were determined to hire a man has won £35,000 for ‘hurt feelings’.”

Full story

Daily Telegraph, 19th March 2009

Source: www.telegraph.co.uk

Parents lose court battle to keep baby son alive – The Guardian

Posted March 20th, 2009 in children, hospital orders, medical treatment, news by sally

“A hospital ventilator keeping a nine-month-old baby alive could be turned off today after his parents lost a legal battle with a hospital yesterday.”

Full story

The Guardian, 20th March 2009

Source: www.guardian.co.uk

Food watchdog failed to prevent deadly E coli outbreak, says inquiry – The Guardian

Posted March 20th, 2009 in environmental health, food, news by sally

“Hygiene watchdogs failed to deal with long-standing, repetitive failures at an abattoir behind the second-worst E coli outbreak in Britain, according to today’s report into the incident, which killed a five-year-old boy, put 31 people in hospital, struck 44 schools and involved 157 people.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

‘Islamophobe’ head Erica Connor wins Surrey County Council payout – The Times

Posted March 20th, 2009 in education, local government, negligence, news, psychiatric damage by sally

“A campaign by two Muslim governors to give Islam a greater presence in a state school played a key part in forcing a successful head from her job, the High Court found yesterday.”

Full story 

The Times, 20th March 2009

Source: www.timesonline.co.uk Continue reading…

More power for JPs raises fear of prison overcrowding crisis – The Times

Posted March 20th, 2009 in magistrates, news, prisons by sally

“Longer prison sentences for assault, theft and benefit fraud are likely under plans to overhaul the courts system. But the proposed stronger powers for magistrates could bring the country’s overcrowded prisons to breaking point, campaign groups say.”

Full story

The Times, 20th March 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chopra v Bindra [2009] EWCA Civ 203 (19 March 2009)

Hatzl & Anor v XL Insurance Company Ltd [2009] EWCA Civ 223 (19 March 2009)

High Court (Queen’s Bench Division)

Byblos International Fund Llc v IFX Markets Ltd [2009] EWHC 346 (QB) (27 February 2009)

High Court (Chancery Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2009] EWHC 497 (Ch) (19 March 2009)

Tamlura NV v CMS Cameron MckEnna [2009] EWHC 538 (Ch) (19 March 2009)

High Court (Administrative Court)

G, R (on the application of) v X School & Anor [2009] EWHC 504 (Admin) (18 March 2009)

High Court (Technology and Construction Court)

Resthaven Properties Ltd v Kier Regional Ltd [2009] EWHC 542 (TCC) (05 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 19th, 2009 in legislation by sally

The Learner Travel (Wales) Measure 2008 (Commencement No. 1) Order 2009

The Fixed Penalty (Amendment) Order 2009

The Motor Vehicles (Tests) (Amendment) Regulations 2009

The Insolvency Proceedings (Fees) (Amendment) Order 2009

The Education (School Performance Information) (England) (Amendment) Regulations 2009

The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009

The Insolvency (Scotland) Amendment Rules 2009

The Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations 2009

The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009

The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

The Co-ordination of Regulatory Enforcement (Procedure for References to LBRO) Order 2009

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009

The Child Trust Funds (Amendment No. 2) Regulations 2009

The Income Tax (Exemption of Minor Benefits) (Revocation) Regulations 2009

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2009

The Tax Credits (Miscellaneous Amendments) Regulations 2009

The Financial Assistance For Industry (Increase of Limit) Order 2009

The Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009

Source: www.opsi.gov.uk

Sacked executive can sue for unfair dismissal over his green beliefs – Daily Telegraph

Posted March 19th, 2009 in climate change, news, unfair dismissal by sally

“An executive, who is devoted to saving the environment, has been given permission to sue his employers for unfair dismissal for allegedly discriminating against his views on climate change.”

Full story

Daily Telegraph, 19th March 2009

Source: www.telegraph.co.uk

Privacy campaigner vows legal challenge to Street View – OUT-LAW.com

Posted March 19th, 2009 in internet, news, privacy by sally

“A privacy campaigner will launch a legal challenge to Google’s Street View service, which was launched today. Simon Davies of Privacy International says that he will pursue ‘a test case’ against Google.”

Full story

OUT-LAW.com, 19th March 2009

Source: www.out-law.com