Former Humberside police officer jailed for sex attacks – BBC News
“A former police officer who was convicted of attempted rape and two sexual assaults has been jailed for five years.”
BBC News, 18th December 2009
Source: www.bbc.co.uk
Month: December 2009
Cotton v Secretary of State for Work and Pensions – WLR Daily
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372
“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”
WLR Daily, 17th December 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.
Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others – WLR Daily
“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7’) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”
WLR Daily, 17th December 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 Round; Reginav Dunn – WLR Daily
Regina v Round; Reginav Dunn [2009] EWCA Crim 2667; [2009] WLR (D) 370
“It was not incumbent on sentencing judges to structure consecutive sentences differently from the ordinary manner of expressing their sentences in order to maximise the uncertain possibilities of home detention curfew.”
WLR Daily, 17th December 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.
Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily
“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”
WLR Daily, 17th December 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.
In re S-B (Children) (Care proceedings: Standard of proof) – Times Law Reports
In re S-B (Children) (Care proceedings: Standard of proof)
Supreme Court
“When considering who caused injury to a child out of a pool of two or more potential perpetrators, the standard of proof was the civil standard of the balance of probabilities and that standard did not vary according the gravity of the injuries or conduct alleged.”
The Times, 18th December 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Global Process Systems Inc & Anor v Berhad [2009] EWCA Civ 1398 (17 December 2009)
Boots Company Plc v HM Revenue & Customs [2009] EWCA Civ 1396 (17 December 2009)
National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 (17 December 2009)
Cooper & Ors v Fanmailuk.Com Ltd & Anor [2009] EWCA Civ 1368 (17 December 2009)
High Court (Queen’s Bench Division)
Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)
Patel v Patel [2009] EWHC 3264 (QB) (10 December 2009)
High Court (Chancery Division)
Cattles Plc v Welcome Financial Services Ltd & Ors [2009] EWHC 3027 (Ch) (14 December 2009)
Court & Ors v Despallieres [2009] EWHC 3340 (Ch) (17 December 2009)
High Court (Administrative Division)
High Court (Commercial Court)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2009
The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2009
The Welsh Health Specialised Services Committee (Wales) Regulations 2009
The Tax Credits (Excluded Companies) Regulations 2009
The Saving Gateway Accounts Act 2009 (Commencement No.1) Order 2009
The Real Estate Investment Trusts (Prescribed Arrangements) Regulations 2009
The Distributions (Excluded Companies) Regulations 2009
The Corporation Tax (Exclusion from Short-Term Loan Relationships) Regulations 2009
The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2009
The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010
The Welfare of Racing Greyhounds Regulations 2010
Source: www.opsi.gov.uk
Lawyers cash in on NHS negligence cases – Daily Telegraph
“One in five NHS negligence claims now results in lawyers picking up more in compensation than the patient they act for.”
Daily Telegraph, 18th December 2009
Source: www.telegraph.co.uk
Man guilty of attempting to have sex with rottweiler – The Independent
“A North Wales man was found guilty yesterday of attempting to have sex with a rottweiler.”
The Independent, 17th December 2009
Source: www.independent.co.uk
Evolution of quirks and loopholes has skewed legal system – The Times
“Laywers are quick to defend the practice of no-win, no-fee as the way that people without funds can get access to justice.”
The Times, 18th December 2009
Source: www.timesonline.co.uk
Expert claims file-sharing Bill could give Government control of the internet – OUT-LAW.com
“The Digital Economy Bill would give the Government the power to control the internet access of UK citizens by ministerial order, bypassing Parliament and without an adequate right of appeal, according to one legal expert.”
OUT-LAW.com, 17th December 2009
Source: www.out-law.com
British Airways strike blocked by court – BBC News
“A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.”
BBC News, 17th December 2009
Source: www.bbc.co.uk
Hunting ban legal challenge fails after court says it ‘doesn’t breach human rights’ – Daily Telegraph
“A legal challenge over the hunting ban has failed after a European court ruled that it did not infringe human rights.”
Daily Telegraph, 18th December 2009
Source: www.telegraph.co.uk
Trafigura accepts £25,000 damages from BBC over waste dumping allegations – The Times
“The oil-trading company Trafigura accepted £25,000 libel damages and an apology today over a BBC Newsnight claim that its actions had caused deaths, miscarriages, serious injuries and long-term sickness.”
The Times, 18th December 2009
Source: www.timesonline.co.uk
‘Honour’ case father guilty of killing Tulay Goren – BBC News
“A father has been found guilty of murdering his 15-year-old daughter in a so-called honour killing.”
BBC News, 17th December 2009
Source: www.bbc.co.uk
Law Society seeks judicial review over costs capping – Law Society’s Gazette
“The Law Society is set to seek a judicial review of the government’s move to drastically reduce the legal costs that defendants can reclaim if they are acquitted of a criminal offence.”
Law Society’s Gazette, 17th December 2009
Source: www.lawgazette.co.uk
Firework factory explosion death pair jailed – BBC News
“A father and son have been jailed for the manslaughter of two firemen killed in an explosion at a fireworks factory.”
BBC News, 16th December 2009
Source: www.bbc.co.uk
Judge ‘failed in public duty’ by refusing to jail teen knife criminal – Daily Telegraph
“A judge who gave a community punishment to a teenage girl for her part in a near-fatal stabbing ‘wholly failed’ in his public duty, London’s Court of Appeal has ruled.”
Daily Telegraph, 17th December 2009
Source: www.telegraph.co.uk
