Retirement age review brought forward – The Independent

Posted July 13th, 2009 in news, retirement by sally

“A review of the so-called default retirement age, which allows employers to require staff to retire at 65, is to be brought forward by a year, the Government announced today.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Organised crime groups one step ahead of police, Home Office admits – The Times

Posted July 13th, 2009 in news, proceeds of crime, tax evasion by sally

“Tax investigations of the kind used to convict Al Capone are to be used to tackle the 30,000 organised criminals who cost the UK up to £40 billion a year.”

Full story

The Times, 13th July 2009

Source: www.timesonline.co.uk

Judge secures injunction against ‘snarling’ dogs next door – Daily Telegraph

Posted July 13th, 2009 in dogs, injunctions, news by sally

“District judge Araba Obadai has found herself on the other side of the court for the last 18 months over a long-running feud with her neighbour over his Doberman dogs.”

Full story

Daily Telegraph, 13th July 2009

Source: www.telegraph.co.uk

Pond death toddler’s parents to repay compensation – The Independent

Posted July 13th, 2009 in appeals, compensation, duty of care, news by sally

“The parents of a toddler who drowned in a pond at a holiday park were today ordered to repay their compensation award.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Caretaker jailed after poisoning lover’s omelette – Daily Telegraph

Posted July 13th, 2009 in arson, murder, news, sentencing by sally

“A school caretaker called Stephen Singer was jailed for life on Monday for killing his lover Dina Sharpe after lacing her omelette with sleeping pills.”

Full story

Daily Telegraph, 13th July 2009

Source: www.telegraph.co.uk

Aristocrat fined for road offence – BBC News

Posted July 13th, 2009 in fines, news, road traffic offences by sally

“An aristocrat aged 82 has been fined after she was found guilty of driving without due care and attention in an incident which preceded a fatal crash.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

E, R (on the application of) v Governing Body of JFS & Anor [2009] EWCA Civ 681 (10 July 2009)

Secretary of State for the Home Department v QY (China) [2009] EWCA Civ 680 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 726 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 670 (10 July 2009)

High Court (Administrative Court)

Forest Heath District Council & Ors v The Electoral Commission & Ors [2009] EWHC 1682 (Admin) (10 July 2009)

Moghaddam v London Borough of Hammersmith & Fulham [2009] EWHC 1670 (Admin) (10 July 2009)

Hay v HM Treasury [2009] EWHC 1677 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1687 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009)

HIgh Court (Chancery Division)

Sharma & Anor v Farlam Ltd & Ors [2009] EWHC 1622 (Ch) (10 July 2009)

Brazzill & Ors v Willoughby & Ors [2009] EWHC 1633 (Ch) (10 July 2009)

PNPF Trust Company Ltd (Pilots’ National Pension Fund, trustee of) v Taylor & Ors [2009] EWHC 1693 (Ch) (10 July 2009)

The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch) (10 July 2009)

High Court (Patents Court)

Novartis AG & Anor v Johnson & Johnson Medical Ltd (t/a Johnson & Johnson Vision Care) & Anor [2009] EWHC 1671 (Pat) (10 July 2009)

High Court (Queen’s Bench Division)

A v Enskat [2009] EWHC 1630 (QB) (10 July 2009)

MGN Ltd v Horton [2009] EWHC 1680 (QB) (10 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 13th, 2009 in legislation by sally

The M57 Motorway Junction 7 (Switch Island) (Speed Limits) Regulations 2009

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009

The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009

The Registrar of Companies and Applications for Striking Off Regulations 2009

The General Dental Council (Constitution) Order 2009

The Data Protection (Processing of Sensitive Personal Data) Order 2009

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009

The Banking Act 2009 (Restriction of Partial Property Transfers) (Amendment) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 8) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 9) 2009

The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2009

The International Monetary Fund (Limit on Lending) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 10) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 11) 2009

The National Health Service Trusts (Transfer of Staff, Property, Rights and Liabilities) (Wales) Order 2009

The Local Health Boards (Transfer of Staff, Property, Rights and Liabilities) (Wales) Order 2009

Source: www.opsi.gov.uk

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Posted July 13th, 2009 in employment tribunals, equal pay, law reports, sex discrimination by sally

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th July 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.

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th July 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.

Regina v Lucien – Times Law Reports

Posted July 13th, 2009 in judgments, law reports, sentencing by sally

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Lee v Whitehouse – Times Law Reports

Posted July 13th, 2009 in law reports, repossession by sally

Lee v Whitehouse

Court of Appeal

“A judge who was asked to make a possession order under section 98(1)(a) of the Rent Act 1977 on the ground that there was suitable alternative accommodation available had to decide whether or not it was reasonable to make an order by evaluating the effect on both parties if an order was made and if it was not.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Radmacher (formerly Granatino) v Granatino – Times Law Reports

Posted July 13th, 2009 in divorce, law reports, prenuptial agreements by sally

Radmacher (formerly Granatino) v Granatino

Court of Appeal

“Judges exercising the wide discretion they have in achieving fairness between the parties in matrimonial ancillary relief proceedings were able to take into account the terms of any prenuptial agreement.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Family Procedure Rule Committee annual report 2008 – Ministry of Justice

Posted July 13th, 2009 in family courts, press releases by sally

“The annual report for the family procedure rule committee, a non-departmental public body set up under the Courts Act 2003 to make rules of court for use in family proceedings.”

Full press release

Ministry of Justice, 10th July 2009

Source: www.justice.gov.uk

Corporate Manslaughter and Corporate Homicide Act 2007: Progress towards Implementing the Custody Provisions – Ministry of Justice

Posted July 13th, 2009 in corporate manslaughter, press releases by sally

“Justice Minister Claire Ward has made a statement about the Corporate Manslaughter and Corporate Homicide Act 2007.”

Full press release

Ministry of Justice, 13th July 2009

Source: www.justice.gov.uk

Illegal immigrant caught on wedding day – UK Border Agency

Posted July 13th, 2009 in immigration, press releases by sally

“An illegal immigrant was today removed from the United Kingdom after being arrested on his wedding day last week.”

Full press release

UK Border Agency, 9th July 2009

Source: www.ukba.homeoffice.gov.uk

Attorney welcomes boost for public input into prosecutions – Attorney General’s Office

Posted July 13th, 2009 in Crown Prosecution Service, press releases by sally

“Prosecutors have made a flying start in a vital piece of work to improve public confidence in the justice system, the Attorney General Baroness Scotland QC said today, marking the set-up phase for a major initiative from the Crown Prosecution Service – the Community Prosecutor approach.”

Full press release

Attorney General’s Office, 9th July 2009

Source: www.attorneygeneral.gov.uk

Sacked officer loses race claim – BBC News

Posted July 13th, 2009 in news, police, race discrimination, unfair dismissal by sally

“A claim of racial discrimination and unfair dismissal by a police community support officer has been thrown out at an employment tribunal.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Wrigley’s fined after arm injury

Posted July 13th, 2009 in fines, health & safety, news by sally

“The chewing gum maker Wrigley’s has been fined £150,000 after an employee suffered severe arm injuries as he cleaned a moving production line.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Newlyweds jailed for killing man – BBC News

Posted July 13th, 2009 in homicide, news, sentencing by sally

“A newlywed couple who killed a man the morning after their wedding have been jailed for manslaughter.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk