Month: August 2009

Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 11th, 2009 in abuse of process, customs and excise, law reports, VAT by sally

Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283

“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original classification.”

WLR Daily, 10th August 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.

Stone and Rolls (in Liquidation) v Moore Stephens (a Firm) – Times Law Reports

Posted August 11th, 2009 in law reports by sally

Stone and Rolls (in Liquidation) v Moore Stephens (a Firm)

House of Lords

“A company, exclusively controlled by a single director so as to be primarily liable for frauds committed against third parties, could not bring a claim for damages against its auditors on the basis that they had failed to detect the fraudulent activities, that they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the defence of ex turpi causa non oritur actio.”

The Times, 11th August 2009

Source: www.timesonline.co.uk

MPs back UK torture damages plan – BBC News

Posted August 11th, 2009 in news, state liability, torture, victims by sally

“Torture victims should be able to sue foreign governments in the UK courts, a committee of MPs and peers have said.”

Full story

BBC News, 10th August 2009

Source: www.bbc.co.uk

Sharon Shoesmith’s legal challenge fast-tracked by High Court – The Times

Posted August 11th, 2009 in news by sally

“The High Court is to fast-track Sharon Shoesmith’s legal challenge against the Education Secretary’s role in her dismissal from Haringey Council without compensation.”

Full story

The Times, 11th August 2009

Source: www.timesonline.co.uk

Tate Modern worker claims compensation for being too cold – The Guardian

Posted August 11th, 2009 in compensation, disabled persons, employment, news by sally

“Elizabeth Andrews, a gallery supervisor, has launched a claim for compensation against the Tate, saying that the cold, among a series of other factors, meant she became increasingly ill and eventually had to go on long-term sick leave.”

Full story

The Guardian, 10th August 2009

Source: www.guardian.co.uk

Internet hate campaign that made a mockery of the High Court – The Independent

Posted August 11th, 2009 in child abuse, internet, juries, news by sally

“Foremost among the grounds of appeal being sketched out by lawyers representing the killers of Baby Peter will be the claim that prejudicial coverage on the internet denied their clients a fair trial.”

Full story

The Independent, 11th August 2009

Source: www.independent.co.uk

Private schools threaten legal action to keep charity millions – The Guardian

Posted August 11th, 2009 in charities, education, news, school admissions by sally

“The head of the organisation that represents the country’s top independent schools today issued a threat to the government’s charities watchdog that it may consider legal action against moves to force private schools to open up their facilities to pupils from low-income homes.”

Full story

The Guardian, 11th August 2009

Source: www.guardian.co.uk

‘Disgust’ at road death sentence – BBC News

Posted August 11th, 2009 in dangerous driving, news, sentencing by sally

“A woman has said she is ‘disgusted’ by a three year jail term handed to the hit-and-run driver who killed her daughter in Lancashire.”

Full story

BBC News, 11th August 2009

Source: www.bbc.co.uk

‘UK is safe haven for war criminals’ – The Independent

Posted August 11th, 2009 in news, war crimes by sally

“Britain has become a ‘safe haven’ for war criminals because the Government has failed to close loopholes that grant them protection under the law, an influential committee of MPs and peers warns today.”

Full story

The Independent, 11th August 2009

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted August 10th, 2009 in legislation by sally

The Limited Partnerships (Forms) Rules 2009

The Spring Traps Approval (Variation) (England) Order 2009

The Welfare Reform Act (Relevant Enactment) Order 2009

The Eggs and Chicks (England) Regulations 2009

The Export of Objects of Cultural Interest (Control) (Amendment) Order 2009

Source: www.opsi.gov.uk

Baby P couple to be named – The Guardian

Posted August 10th, 2009 in anonymity, causing death of children or vulnerable adults, child abuse, news by sally

“The couple responsible for the death of Baby P will be publicly identified tonight after the expiry of a court order protecting their anonymity.”

Full story

The Guardian, 10th August 2009

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted August 10th, 2009 in legislation by sally

The Workplace Parking Levy (England) Regulations 2009

The Education (School Teachers’ Pay and Conditions) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted August 10th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Roche, R. v [2009] EWCA Crim 1499 (07 July 2009)

Court of Appeal (Civil Division)

Strand Transport Services Ltd v Whitworth [2009] EWCA Civ 858 (06 August 2009)

High Court (Queen’s Bench)

Corus UK Ltd v Cavendish (UK) Ltd & Ors [2009] EWHC 2058 (QB) (07 August 2009)

Rostami, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2094 (QB) (07 August 2009)

High Court (Chancery Division)

Wyndham v Egremont & Ors [2009] EWHC 2076 (Ch) (07 August 2009)

Swissair, Re [2009] EWHC 2099 (Ch) (06 August 2009)

High Court (Technology and Construction Court)

Seele Austria GmbH & Co Kg v Tokio Marine Europe Insurance Ltd [2009] EWHC 2066 (TCC) (06 August 2009)

High Court (Commercial Court)

Shell Egypt West Manzala GmbH & Anor v Dana Gas Egypt Ltd [2009] EWHC 2097 (Comm) (07 August 2009)

Rubin & Anor v Eurofinance SA & Ors [2009] EWHC B16 (Comm) (31 July 2009)

Source: www.bailii.org

100 claims companies cancelled as crackdown continues on firms who mislead the public – Ministry of Justice

Posted August 10th, 2009 in advertising, claims management, consumer protection, news by sally

“Misleading claims that debt can be written off as unenforceable, high pressure selling and cold calling in person will not be tolerated – tough message from Ministry of Justice Claims Management Regulator as 100th company cancelled.”

Full story

Ministry of Justice, 9th August 2009

Source: www.justice.gov.uk

Regina (E) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – Times Law Reports

Posted August 10th, 2009 in law reports by sally

Regina (E) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health

Court of Appeal

“A policy of prohibiting smoking in the premises of an NHS trust, which had the consequence of a ban on smoking for those detained in a high security psychiatric hospital, did not violate the patients’ human rights and was lawful.”

The Times, 10th August 2009

Source: www.timesonline.co.uk

Ministers’ admission links MI5 and MI6 to ‘torture victim’ – The Independent

Posted August 10th, 2009 in Afghanistan, intelligence services, news, terrorism, torture by sally

“Ministers have admitted the Government sent secret agents to interview a British detainee in Afghanistan, supporting allegations MI5 and MI6 officers were present while he was tortured by his American captors.”

Full story

The Independent, 10th August 2009

Source: www.independent.co.uk

One-stop courts to help women confront abuse – The Times

Posted August 10th, 2009 in domestic violence, news, victims, women by sally

“One-stop courts to help victims of domestic violence win legal redress are to be established across the country to encourage battered women to come forward and identify their abusers.”

Full story

The Times, 9th August 2009

Source: www.timesonline.co.uk

Speeding driver jailed for killing magistrate’s wife – Daily Telegraph

Posted August 10th, 2009 in dangerous driving, news, sentencing by sally

“Postman Darren Blight was jailed on Friday for mowing down and killing Susan Peters, a magistrate’s wife, while driving at twice the speed limit with traces of cannabis in his system.”

Full story

Daily Telegraph, 7th August 2009

Source: www.telegraph.co.uk

Gang warfare killers jailed for up to 35 years – The Independent

Posted August 10th, 2009 in gangs, murder, news, sentencing by sally

“Four gang members were told today they must serve minimum prison terms of up to 35 years after they were found guilty of murdering a 17-year-old youth who was gunned down outside a barber shop.”

Full story

The Independent, 7th August 2009

Source: www.independent.co.uk

Police to ignore European Court of Human Rights ruling on stored DNA – The Times

Posted August 10th, 2009 in DNA, human rights, news, police by sally

“Chief constables have been told to ignore a landmark European Court ruling and continue storing the DNA samples of innocent people.”

Full story

The Times, 8th August 2009

Source: www.timesonline.co.uk