British Sky Broadcasting Group plc and another v Competition Commission and another – WLR Daily

Posted January 22nd, 2010 in appeals, competition, law reports, media, mergers by sally

British Sky Broadcasting Group plc and another v Competition Commission and another [2010] EWCA Civ 2; [2010] WLR (D) 5

“In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. S 120(4) of the Competition Act 1998 required the appeal tribunal to apply the same principles as would be applied by a court on an application for judicial review. It would fly in the face of the section’s words if the tribunal, as a hyper-competent specialised tribunal, were required to undertake a more intensive review.”

WLR Daily, 21st January 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) – WLR Daily

Posted January 22nd, 2010 in disciplinary procedures, law reports, teachers by sally

R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) [2010] EWCA Civ 1; [2010] WLR (D) 4

“Where an individual was subject to two or more sets of proceedings, or phases of a single proceeding, and a civil right or obligation enjoyed or owed by him would be determined in one of them, he could (but not necessarily would), by force of art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, enjoy appropriate procedural rights in relation to another of them if its outcome would have a substantial influence or effect on the determination of the civil right or obligation. Accordingly, disciplinary proceedings which could lead to a teacher being statutorily barred from working with children were determinant of an individual’s right to practice his profession and art 6 was engaged by those proceedings.”

WLR Daily, 21st January 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Boyejo and Others) v Barnet London Borough Council; Regina (Smith) v Portsmouth City Council – Times Law Reports

Posted January 22nd, 2010 in law reports by sally

Regina (Boyejo and Others) v Barnet London Borough Council; Regina (Smith) v Portsmouth City Council

Queen’s Bench Division

“References in documentation before decision-makers to disabilities or to rights of equality, was not sufficient to fulfil the statutory requirement of such recognition.”

The Times, 22nd January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 22nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

M-W (A Child), Re [2010] EWCA Civ 12 (21 January 2010)

McHale v Cadogan [2010] EWCA Civ 14 (21 January 2010)

British Sky Broadcasting Group Plc v The Competition Commission [2010] EWCA Civ 2 (21 January 2010)

High Court (Chancery Division)

Biddle & Company (a firm) v Tetra Pak Ltd & Ors [2010] EWHC 54 (Ch) (21 January 2010)

High Court (Administrative Court)

Butler, R (on the application of) v HM Coroner for the Black Country District [2010] EWHC 43 (Admin) (21 January 2010)

High Court (Technology and Construction Court)

Supablast (Nationwide) Ltd. v Story Rail Ltd. [2010] EWHC 56 (TCC) (21 January 2010)

High Court (Commercial Court)

ING Bank N.V. v Ros Roca S.A. [2010] EWHC 50 (Comm) (21 January 2010)

Source: www.bailii.org

Judge is refused care authorities’ report in Edlington torture case – The Times

Posted January 22nd, 2010 in news by sally

“Care authorities have refused to allow a High Court judge to read a confidential report into their handling of two young brothers who sadistically tortured two children and left them for dead.”

Full story

The Times, 22nd January 2010

Source: www.timesonline.co.uk

Juicy twist in Vivian Imerman’s divorce – The Times

Posted January 22nd, 2010 in news by sally

“A business tycoon’s estranged wife has won the right to use 20,000 documents stolen from his computer in her battle for a slice of his £300 million fortune.”

Full story

The Times, 22nd January 2010

Source: www.timesonline.co.uk

Attorney General supports fresh inquest for student – BBC News

Posted January 22nd, 2010 in inquests, news, suicide by sally

“The Attorney General has said there is an ‘unanswered question’ over the death of a north London student allegedly involved with a right-wing group.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk

FSA gets tough on client money – The Times

Posted January 22nd, 2010 in news by sally

“The Financial Services Authority (FSA) has criticised the UK’s insurance and investment industry for failing to safeguard client money and announced that it is investigating two businesses and has frozen the assets of a third over the issue.”

Full story

The Times, 21st January 2010

Source: www.timesonline.co.uk

Mother who used heroin to kill her son launches appeal – BBC News

Posted January 22nd, 2010 in appeals, euthanasia, murder, news by sally

“A mother jailed for life for murdering her disabled son by injecting him with heroin at a care home is to appeal against the sentence and conviction.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk

When is it right to take the law into our own hands? – The Independent

Posted January 22nd, 2010 in news, proportionality, self-defence, sentencing by sally

“One committed a violent attack on a burglar. The other was guilty of the mercy killing of her brain-damaged son. One is free. The other starting a nine-year sentence. Paul Vallely examines the issues raised by their contrasting treatment.”

Full story

The Independent, 22nd January 2010

Source: www.independent.co.uk

Ex-magistrate stripped of £4.1m after fraud – The Independent

Posted January 21st, 2010 in assets recovery, fraud, news, proceeds of crime by sally

“A former magistrate who was jailed for a £38,000 fraud was ordered to give up his assets worth £4.1 million at a confiscation hearing today.”

Full story

The Independent, 21st January 2010

Source: www.independent.co.uk

Government proposes slashing libel lawyers’ success fees – OUT-LAW.com

Posted January 21st, 2010 in costs, defamation, fees, news by sally

“The Government plans to slash the success fees that no-win no-fee lawyers can claim in libel cases. The proposed action is part of the Ministry of Justice’s reform of libel law.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Do you know the hidden agenda of the Equality Bill? – OUT-LAW.com

Posted January 21st, 2010 in bills, employment, equality, news by sally

“OPINION: Employment lawyers and HR professionals would be well advised to keep a close eye on the progress of the Equality Bill, currently being debated in the House of Lords. Initially intended as a legislative sweep-up, it now proposes major policy changes.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Sky ordered to sell down stake in ITV – The Guardian

Posted January 21st, 2010 in appeals, competition, media, mergers, news by sally

“The court of appeal today ordered BSkyB to sell down its 17.9% stake in ITV.”

Full story

The Guardian, 21st January 2010

Source: www.guardian.co.uk

‘Devious’ mother jailed over £80,000 benefits fraud – The Independent

Posted January 21st, 2010 in benefits, fraud, news by sally

“A ‘devious, calculating’ mother-of-three fraudulently claimed over £80,000 in benefits despite living outside the UK, a council said today.”

Full story

The Independent, 21st January 2010

Source: www.independent.co.uk

Greater media scrutiny necessary to increase accountability in family courts – Ministry of Justice

“Legislative proposals included in the Children, Schools and Families Bill should encourage media attendance at family court cases, the Ministry of Justice said today.”

Full story

Ministry of Justice, 21st January 2010

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

Posted January 21st, 2010 in legislation by sally

The Cardiff to Glan Conwy Trunk Road (A470) (Cwm-bach to Newbridge-on-Wye) Order 2009

The Cross-Border Payments in Euro Regulations 2010

The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010

The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010

The Social Security (Loss of Benefit) Amendment Regulations 2010

Source: www.opsi.gov.uk

Jackson’s proposals on civil litigation costs divide legal profession – The Times

Posted January 21st, 2010 in news by sally

“Going to law is expensive, favouring those with deep pockets. If you are of modest means, you are at a serious disadvantage.”

Full story

The Times, 20th January 2010

Source: www.timesonline.co.uk

Baby P killer Steven Barker loses rape appeal – BBC News

Posted January 21st, 2010 in appeals, children, news, rape, witnesses by sally

“One of the three people jailed over the death of Baby Peter has lost an appeal against his conviction for the rape of a two-year-old.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 21st, 2010 in law reports by sally

Court of Appeal (Civil Division)

Bhamra v Dubb (t/a Lucky Caterers) [2010] EWCA Civ 13 (20 January 2010)

G, R (on the application of) v X School & Ors [2010] EWCA Civ 1 (20 January 2010)

Supershield Ltd v Siemens Building Technologies FE Ltd [2010] EWCA Civ 7 (20 January 2010)

In the Pink Ltd v Leeds Magistrates Court & Ors [2010] EWCA Civ 8 (20 January 2010)

High Court (Queen’s Bench Division)

B2net Ltd v HM Treasury (Sued As Buying Solutions) [2010] EWHC 51 (QB) (20 January 2010)

High Court (Chancery Division)

Lehman Brothers International (Europe) v CRC Credit Fund Ltd & Ors [2010] EWHC 47 (Ch) (20 January 2010)

Burrows v Smith & Anor [2010] EWHC 22 (Ch) (20 January 2010)

High Court (Administrative Court)

Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)

Persaud v Director of Public Prosecutions [2010] EWHC 52 (Admin) (20 January 2010)

High Court (Family Division)

Doctor A & Ors v Ward & Anor [2010] EWHC 16 (Fam) (08 January 2010)

Source: www.bailii.org