Month: March 2010

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church

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

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – Times Law Reports

Posted March 25th, 2010 in law reports by sally

Court of Appeal

“There was a sufficient connection between what a priest with special responsibility for youth work was employed to do and his sexual abuse of a non-Catholic boy whom he met during that work, for his employer, an archdiocese of the Catholic Church, to be vicariously liable for that abuse.”

The Times, 25th March 2010

Lord Justice Jackson: the weaker your case the greater the costs protection – The Times

Posted March 25th, 2010 in news by sally

“The Jackson report headlines have been about banning referral fees and abolishing the recoverability of success fees and after-the-event insurance premiums.”

The Times, 25th March 2010

Justice and Home Office: Hundreds of staff to be relocated from capital – The Independent

Posted March 25th, 2010 in civil servants, government departments, Ministry of Justice, news by sally

“Hundreds of civil servants working in the courts and justice system are to lose their jobs or face relocation after Jack Straw announced the abolition of a third of his department’s agencies.”

The Independent, 25th March 2010

Source: www.independent.co.uk

Sir John Dyson: a good choice for the Supreme Court, at long last – The Times

Posted March 25th, 2010 in news by sally

“This week the 12th Supreme Court justice was finally announced. After many months of behind the scenes wranglings Sir John Dyson has been appointed to the UK’s highest court.”

The Times, 25th March 2010

Lord Justice Jackson: will his costs review fail the ‘mum and dad’ test? – The Times

Posted March 25th, 2010 in news by sally

“Chris Wait does not pull his punches. ‘It’s despicable,’ he says. ‘If its provisions are implemented, the primary result will be that ordinary people are denied justice.'”

The Times, 25th March 2010

Lord Neuberger calls for single appeals tribunal – Law Society’s Gazette

Posted March 25th, 2010 in appeals, licensing, news, tribunals by sally

“The master of the rolls has recommended that a single body should be responsible for hearing appeals brought by lawyers or legal businesses found to have breached licensing and ownership rules. Lord Neuberger said it is essential that common standards are applicable across the profession.”

Law Society’s Gazette, 25th March 2010

Source: www.lawgazette.co.uk

Government definition of complicity in torture ‘has no basis in law’ – The Guardian

Posted March 25th, 2010 in intelligence services, news, reports, torture by sally

“The government’s definition of what constitutes complicity in torture has no basis in law, parliament’s joint committee on human rights warns today in a hard-hitting attack on its attitude towards the abuse of terrorism suspects.”

The Guardian, 25th March 2010

Source: www.guardian.co.uk

Wife wins mortgage appeal after husband’s affair – The Independent

Posted March 25th, 2010 in appeals, matrimonial home, mortgages, news, repossession, undue influence by sally

“A wife who signed a joint remortgage with her husband while he was having an affair will no longer have to meet her repayments, the Court of Appeal ruled today.”

The Saving Gateway Accounts Act 2009 (Commencement No. 2) Order 2010

The Independent, 24th March 2010

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted March 24th, 2010 in abuse of process, legislation by sally

The Capital Gains Tax (Annual Exempt Amount) Order 2010

The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2010

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2010

The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions) Order 2010

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010

The Constitutional Reform Act 2005 (Commencement No.12) Order 2010

The Rules of the Air (Amendment) Regulations 2010

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2010

The Electricity (Standards of Performance) Regulations 2010

The Landfill Tax (Amendment) Regulations 2010

The Registered Pension Schemes (Standard Lifetime and Annual Allowances) Order 2010

The School Support Staff Negotiating Body (Excluded Persons) Regulations 2010

The Complaints against Schools (England) Regulations 2010

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

The Renewables Obligation (Amendment) Order 2010

The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010

The Motor Vehicles (International Circulation) (Amendment) Order 2010

The Air Navigation (Amendment) Order 2010

The International Criminal Court Act 2001 (Overseas Territories) (Amendment) Order 2010

The Welsh Zone (Boundaries and Transfer of Functions) Order 2010

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

The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010

The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010

The Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2010

The Police Pensions (Descriptions of Service) Order 2010

The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010

The Service Voters’ Registration Period Order 2010

The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2010

The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010

The Credit Rating Agencies Regulations 2010

The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2010

The European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 2010

The Value Added Tax (Increase of Registration Limits) Order 2010

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Budget 2010: Budget documents – BBC News

Posted March 24th, 2010 in budgets, news by sally

“Read all the official documents from Alistair Darling’s 2010 Budget report in PDF form.”

BBC News, 24th March 2010

Source: www.bbc.co.uk

Chancery Lane calls for ‘radical rethink’ of legal aid funding – Law Society’s Gazette

Posted March 24th, 2010 in Law Society, legal aid, news, reports by sally

“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.”

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.”

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

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

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

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

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

“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

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

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 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

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

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

“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