Month: August 2009

Metrobus Ltd v Unite the Union – WLR Daily

Posted August 5th, 2009 in ballots, industrial action, injunctions, law reports, trade unions by sally

Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279

“Where an employer sought an injunction to restrain a strike, a union’s failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the result of the ballot could justify the grant of an injunction restraining the strike. S 231A, and also ss 226 and 234A, were not disproportionate restrictions on the rights of association conferred by art 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The obligations under those sections could not be regarded as onerous so that they could be said to constitute a serious impediment on a union’s ability to call a strike.”

WLR Daily, 3rd 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.

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

Posted August 5th, 2009 in compulsory purchase, law reports, planning by sally

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278

“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”

WLR Daily, 3rd 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.

Regina v Tilley – Times Law Reports

Posted August 5th, 2009 in benefits, fraud, law reports, social security by sally

Regina v Tilley

Court of Appeal (Criminal Division)

“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”

The Times, 5th August 2009

Source: www.timesonline.co.uk

Pressure mounts over allegations of British complicity in torture – The Guardian

Posted August 5th, 2009 in intelligence services, news, torture by sally

“Ministers came under fresh pressure today over detailed allegations of complicity in torture, with Gordon Brown being asked whether the attorney general would investigate them and human rights groups joining MPs and peers demanding an independent inquiry.”

Full story

The Guardian, 4th August 2009

Source: www.guardian.co.uk

Whitehall row derails rape law reform – The Independent

Posted August 5th, 2009 in news, rape by sally

“Harriet Harman was at the centre of a government row last night over moves to increase the conviction rate for rape.”

Full story

The Independent, 5th August 2009

Source: www.independent.co.uk

Curbs on freed violent offenders – BBC News

Posted August 5th, 2009 in news, violent offenders by sally

“Asbo-style Violent Offender Orders (VOOs) that can restrict criminals’ movements after they are released from prison are coming into force.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

G20 death: police officer could face manslaughter charge – The Guardian

Posted August 5th, 2009 in demonstrations, homicide, news, police by sally

“Prosecutors have been asked to consider whether the Metropolitan police officer who attacked Ian Tomlinson at the G20 demonstration should be charged with manslaughter.”

Full story

The Guardian, 4th August 2009

Source: www.guardian.co.uk

Commission defies supermarkets over ombudsman – The Independent

Posted August 5th, 2009 in competition, news by sally

“Britain’s competition watchdog insisted that supermarkets should be independently regulated after finding evidence they abused their dominance by acting aggressively towards suppliers.”

Full story

The Independent, 4th August 2009

Source: www.independent.co.uk

Judge to be investigated after outburst – The Independent

Posted August 4th, 2009 in immigration, judges, news, professional conduct by sally

“A judge who described Britain’s immigration system as ‘completely lax’ is to face an official investigation, it was revealed today.”

Full story

The Independent, 4th August 2009

Source: www.independent.co.uk</a'

SFO adopts aggressive approach on banking fraud – The Times

Posted August 4th, 2009 in banking, fraud, news by sally

“The Serious Fraud Office (SFO) has launched a series of investigations into UK-based banks to establish whether they fraudulently mis-sold complex financial products in the run-up to the global banking crisis.”

Full story

The Times, 4th August 2009

Source: www.timesonline.co.uk

Prosecutors handed G20 death file – BBC News

Posted August 4th, 2009 in demonstrations, news, police by sally

“Prosecutors have been handed a file of evidence about the death of Ian Tomlinson during the G20 protests in London in April.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 4th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No 23 of 2009 [2009] EWCA Crim 1683 (07 July 2009)

Court of Appeal (Civil Division)

Secretary of State for Work and Pensions v Dias [2009] EWCA Civ 807 (31 July 2009)

High Court (Chancery Division)

Occlutech GmbH v Aga Medical Corp [2009] EWHC 2013 (Ch) (31 July 2009)

Source: www.bailii.org

Suicide guidance will apply to UK – BBC News

Posted August 4th, 2009 in assisted suicide, news by sally

“Guidelines on assisted suicide will apply in the UK as well as overseas, the Director of Public Prosecutions has confirmed.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

‘Torture complicity’: Key cases – BBC News

Posted August 4th, 2009 in intelligence services, news, terrorism, torture by sally

“A report by the Joint Committee on Human Rights has accused ministers of trying to avoid Parliamentary scrutiny in relation to a string of allegations of British complicity in the torture of terrorism suspects abroad. The report by MPs and peers lists a number of key cases that link the British intelligence and security agencies with claims of mistreatment.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

Judicial Response to the publication of the Attorney General’s unduly lenient referral statistics – Judiciary of England and Wales

Posted August 4th, 2009 in attorney general, news, sentencing, statistics by sally

“The Deputy Head of Criminal Justice, Lord Justice Thomas, has responded to the release of statistics today by the Attorney General’s office. The figures report the number of cases where the Attorney General asked the Court of Appeal to decide whether a sentence imposed by the Crown Court was unduly lenient.”

Full story

Judiciary of England and Wales, 4th August 2009

Source: www.judiciary.gov.uk

Desmond v Bower – Times Law Reports

Posted August 4th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower

Court of Appeal

“A defendant who wished to call similar-fact evidence to justify an alleged libel was entitled to do so even though the evidence related to events after the libel was published.”

The Times, 4th August 2009

Source: www.timesonline.co.uk

Regina v McMorris and Others; Attorney-General’s References Nos 8, 9 and 10 of 2009 – Times Law Reports

Posted August 4th, 2009 in grievous bodily harm, law reports, rape, sentencing by sally

Regina v McMorris and Others; Attorney-General’s References Nos 8, 9 and 10 of 2009

Court of Appeal (Criminal Division)

“A sentencing judge was entitled to impose a more severe sentence than that indicated by the Sentencing Guidelines Council if, in the circumstances, that was what justice required.”

The Times, 4th August 2009

Source: www.timesonline.co.uk

Plan to slash patent litigation costs would boost access to justice, say authors – OUT-LAW.com

Posted August 4th, 2009 in costs, news, patents by sally

“A plan to cut the cost of litigating over patent infringements by a factor of ten has been submitted to a review of litigation costs in England and Wales. The plan proposes cutting the cost of action from between £500,000 and £1 million to £50,000.”

Full story

OUT-LAW.com, 4th August 2009

Source: www.out-law.com

Afghan war unlawful, says ‘deserter’ – The Independent

Posted August 4th, 2009 in armed forces, courts martial, news, war by sally

“A soldier facing court martial over his refusal to serve in Afghanistan is expected to claim in his defence that the war is unlawful.”

Full story

The Independent, 4th August 2009

Source: www.independent.co.uk

MPs and peers call for inquiry into torture – The Guardian

Posted August 4th, 2009 in intelligence services, news, torture by sally

“Democratic accountability of the security and intelligence agencies is ‘woefully deficient’ and an independent inquiry must be set up to investigate numerous and detailed allegations of their complicity in torture, a cross-party group of senior MPs and peers will say today.”

Full story

The Guardian, 4th August 2009

Source: www.guardian.co.uk