24/03/2010 – Current Awareness

“A loan fund akin to the student loans scheme and a ‘polluter pays’ funding mechanism are among ideas advanced today for legal aid funding by the Law Society.”

Full story

Law Society’s Gazette, 24th March 2010

Source: www.lawgazette.co.uk

Unified courts and tribunals service – Ministry of Justice

Posted March 24th, 2010 in courts, Ministry of Justice, news, tribunals by sally

“Justice Secretary Jack Straw has announced that the Ministry of Justice will be bringing Her Majesty’s Courts Service and the Tribunals Service into a new, single organisation.”

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Ministry of Justice, 24th March 2010

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted March 24th, 2010 in law reports by sally

Supreme Court

British Airways plc v Williams & Ors [2010] UKSC 16 (24 March 2010)

Court of Appeal (Civil Division)

Wade v Baylis [2010] EWCA Civ 257 (23 March 2010)

Ahmed & Ors v Khan [2010] EWCA Civ 290 (23 March 2010)

Revenue and Customs v Kearney [2010] EWCA Civ 288 (23 March 2010)

Revenue and Customs v Ruas [2010] EWCA Civ 291 (23 March 2010)

Oguz v Secretary of State for the Home Department [2010] EWCA Civ 311 (23 March 2010)

Secretary of State for Work and Pensions v Scullion [2010] EWCA Civ 310 (23 March 2010)

Bent v Highways & Utilities Construction Ltd & Anor [2010] EWCA Civ 292 (24 March 2010)

High Court (Queen’s Bench Division)

Teasdale v HSBC Bank Plc [2010] EWHC 612 (QB) (23 March 2010)

Budu v The British Broadcasting Corporation [2010] EWHC 616 (QB) (23 March 2010)

Edwards v Martin [2010] EWHC 570 (QB) (23 March 2010)

Fonexco Group Ltd & Ors v Manches (a firm) & Anor [2010] EWHC 493 (QB) (19 March 2010)

High Court (Chancery Division)

Bayfine UK v Revenue & Customs [2010] EWHC 609 (Ch) (23 March 2010)

High Court (Administrative Court)

Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust & Ors, R (on the application of)v Deluce & Ors [2010] EWHC 530 (Admin) (23 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 24th, 2010 in legislation by sally

The Local Authorities (Capital Finance and Accounting) (Wales) (Amendment) Regulations 2010

The Non-Domestic Rating (Definition of Domestic Property) (Wales) Order 2010

The Assembly Learning Grant (Further Education) (Amendment) Regulations 2010

The National Health Service (Amendments relating to Optical Charges and Payments) (Wales) Regulations 2010

The Animals (Divisional Veterinary Managers) (Wales) Regulations 2010

The Animal Health (Divisional Veterinary Managers) (Wales) Order 2010

The Extradition Act 2003 (Amendment to Designations) Order 2010

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010

The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2010

The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

R (One Search Direct Holdings Ltd (trading as One Search Direct)) v York City Council – WLR Daily

Posted March 24th, 2010 in freedom of information, home information packs, law reports, local government by sally

R (One Search Direct Holdings Ltd (trading as One Search Direct)) v York City Council [2010] EWHC 590 (Admin); [2010] WLR (D) 87

“In failing to provide access to unrefined information, the council was not acting in a way that was contrary to the Government’s intention not to impose an obligation on authorities to allow such access, nor to the aims and purposes of the statutory provisions, including the subsidiary legislation made by the Secretary of State.”

WLR Daily, 23rd March 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.

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted March 24th, 2010 in homelessness, housing, law reports, local government, Supreme Court by sally

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

Source: www.lawreports.co.uk

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

The Bridgewater Canal Company Ltd v GEO Networks Ltd – WLR Daily

Posted March 24th, 2010 in canals, law reports, telecommunications by sally

The Bridgewater Canal Company Ltd v GEO Networks Ltd [2010] EWHC 548 (Ch); [2010] WLR (D) 85

“The consideration payable, pursuant to para 13(2)(e)(ii) of Sch 2 to the Telecommunications Act 1984, as amended by the Communications Act 2003, by an operator of a communications network to a person with control of land for the right to carry out work undertaken pursuant to the provisions of the Electronic Communications Code, as contained in Sch 2 to the 1984, as amended, included payment to reflect not only the right to carry out the works but also for the right to retain the works on the land once the works themselves had been completed.”

WLR Daily, 22nd March 2010

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.

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) – WLR Daily

Posted March 24th, 2010 in appeals, confiscation, law reports, proceeds of crime by sally

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) [2010] EWCA Civ 285; [2010] WLR (D) 84

“A court had jurisdiction to make a management receivership order over any property on the basis that it was realisable property where an issue was still to be determined between the Revenue and Customs Prosecution Office and an interested third party as to the beneficial interest in such property.”

WLR Daily, 22nd March 2010

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.

Connor v Surrey County Council – WLR Daily

Posted March 24th, 2010 in duty of care, law reports, mental health, negligence by sally

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd March 2010

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.

Barber v Croydon London Borough Council – Times Law Reports

Posted March 24th, 2010 in law reports by sally

Barber v Croydon London Borough Council

Court of Appeal

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that his behaviour might have been produced by his mental impairment.”

The Times, 24th March 2010

Source: www.timesonline.co.uk

Hertfordshire GP who sexually assaulted patients jailed – BBC News

Posted March 24th, 2010 in doctors, news, sexual offences by sally

“A Hertfordshire GP who carried out sexual assaults on three women has been jailed for 16 months.”

Full story

BBC News, 24th March 2010

Source: www.bbc.co.uk

Reform of libel laws will protect freedom of expression – Ministry of Justice

Posted March 24th, 2010 in defamation, freedom of expression, Ministry of Justice, news by sally

“Reforms of the law on libel will be taken forward in the next Parliament, Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 23rd March 2010

Source: www.justice.gov.uk

Hunger-striker to sue over claims that he ate Big Macs – The Independent

Posted March 24th, 2010 in defamation, demonstrations, food, news by sally

“A hunger striker who held a 23-day fast in Parliament Square last year in protest at the Sri Lanka’s offensive against the Tamil Tigers is suing two newspapers over claims that he secretly ate burgers during his vigil.”

Full story

The Independent, 24th March 2010

Source: www.independent.co.uk

Serious Fraud Office ends inquiry into miners’ union and claims over damages – The Times

Posted March 24th, 2010 in news by sally

“The Serious Fraud Office has abandoned a long-running criminal inquiry into a miners’ union and the world’s largest personal injury compensation scheme.”

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The Times, 24th March 2010

Source: www.timesonline.co.uk

Government insists vicars will not be sued for refusing ‘gay marriages’ in churches – Daily Telegraph

Posted March 24th, 2010 in bills, Church of England, civil partnerships, homosexuality, marriage, news by sally

“Ministers have assured clergy that they will not face legal action if they refuse to carry out new ‘gay weddings’ in churches.”

Full story

Daily Telegraph, 24th March 2010

Source: www.telegraph.co.uk

Secret tribunal appeal for cousin of trans-Atlantic airlines bomber – Daily Telegraph

Posted March 24th, 2010 in appeals, civil servants, employment tribunals, news, private hearings, terrorism by sally

“The Home Office is attempting to hold an employment tribunal involving the cousin of a convicted terrorist in secret it has emerged.”

Full story

Daily Telegraph, 23rd March 2010

Source: www.telegraph.co.uk

Jack Straw unveils plan to curb libel tourism – The Guardian

Posted March 24th, 2010 in defamation, freedom of expression, news, public interest by sally

“Overseas claimants will be discouraged from launching libel cases in UK courts and a ‘public interest’ defence may be introduced to protect investigative journalism, under legal changes unveiled today.”

Full story

The Guardian, 24th March 2010

Source: www.guardian.co.uk

‘No release’ for Yorkshire Ripper, says Jack Straw – BBC News

Posted March 24th, 2010 in murder, news, release on licence, sentencing by sally

“There are ‘no circumstances’ in which Yorkshire Ripper Peter Sutcliffe could be released from prison, Justice Secretary Jack Straw has said.”

Full story

BBC News, 23rd March 2010

Source: www.bbc.co.uk