Essex dinner lady Carol Hill loses compensation bid – BBC News

Posted February 2nd, 2011 in employment tribunals, freedom of expression, news, unfair dismissal by sally

“An Essex dinner lady, who was sacked after telling parents their daughter had been bullied, has lost her claim for compensation.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Jackson slams piecemeal civil litigation funding proposals – OUT-LAW.com

Posted February 2nd, 2011 in costs, damages, fees, insurance, news by sally

“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”

Full story

OUT-LAW.com, 2nd February 2011

Source: www.out-law.com

High Court rules Asbo cross dresser was wrongly jailed – BBC News

Posted February 2nd, 2011 in ASBOs, news by sally

“A man who upset children by dressing up as a schoolgirl was wrongly jailed by magistrates, the High Court has ruled.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Transcripts Guide

Posted February 2nd, 2011 in news by sally

A revised and expanded version of the Inner Temple Library’s 2006 guide to sources of transcripts will be available from February 14th as a PDF document.

Transcripts of Judicial Proceedings in England and Wales: a Guide to Sources

Compiled by Sally Mclaren

© Inner Temple Library, 2011

165 pages

The guide is intended primarily for librarians and information services staff who may need to obtain, or assist others to obtain, transcripts of the proceedings of courts and tribunals in England and Wales.

A major feature of this new edition is its greatly expanded coverage of tribunals. It is hoped that users of the guide may find this particularly useful at a time of change and transition in tribunal administration.

The guide may be purchased here:

www.innertemplelibrary.org.uk/Transcripts/TranscriptsGuide.htm

BAILII: Recent Decisions

Posted February 2nd, 2011 in law reports by sally

Supreme Court

Global Process Systems Inc & Anor v Berhad [2011] UKSC 5 (1 February 2011)

ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 (1 February 2011)

Court of Appeal (Criminal Division)

Steed v R. [2011] EWCA Crim 75 (01 February 2011)

Barclay & Ors v R. [2011] EWCA Crim 32 (01 February 2011)

Hereworth v R. [2011] EWCA Crim 74 (01 February 2011)

Welsh v R. [2011] EWCA Crim 73 (01 February 2011)

Court of Appeal (Civil Division)

D’ Silva v Manchester Metropolitan University [2011] EWCA Civ 36 (01 February 2011)

FZ, R (on the application of) v London Borough of Croydon [2011] EWCA Civ 59 (01 February 2011)

Orr v Milton Keynes Council [2011] EWCA Civ 62 (01 February 2011)

Campbell & Anor v Banks & Ors [2011] EWCA Civ 61 (01 February 2011)

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42 (31 January 2011)

French v Entry Clearance Officer Kingston [2011] EWCA Civ 35 (31 January 2011)

Fortis Bank SA/NV & Anor v Indian Overseas Bank [2011] EWCA Civ 58 (31 January 2011)

High Court (Chancery Division)

Looney v Trafigura Beheer BV [2011] EWHC 125 (Ch) (01 February 2011)

Re Digital Satellite Warranty Cover Ltd & Ors [2011] EWHC 122 (Ch) (31 January 2011)

Re Digital Satellite Warranty Cover Ltd & Ors [2011] EWHC 122 (Ch) (31 January 2011)

High Court (Queen’s Bench Division)

Wilson & Anor v MF Global UK Ltd & Anor [2011] EWHC 138 (QB) (01 February 2011)

High Court (Administrative Court)

Garner & Ors v Elmbridge Borough Council & Ors [2011] EWHC 86 (Admin) (31 January 2011)

High Court (Family Division)

CW & Ors v TW [2011] EWHC 76 (Fam) (01 February 2011)

High Court (Technology and Construction Court)

AES-3C Maritza East 1 Eood v Crédit Agricole Corporate and Investment Bank & Anor [2011] EWHC 123 (TCC) (31 January 2011)

High Court (Commercial Court)

Ispat Indurstries Ltd v Western Bulk PTE.Ltd [2011] EWHC 93 (Comm) (31 January 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted February 2nd, 2011 in legislation by sally

The Nuclear Decommissioning and Waste Handling (Finance and Fees) Regulations 2011

The Export Control (Liberia) Order 2011

The Export Control (Somalia) Order 2011

The General Dental Council (Constitution of Committees) (Amendment) Rules Order of Council 2011

The Animal Welfare (Code of Practice for the Welfare of Gamebirds Reared for Sporting Purposes) (Appointed Day) (England) Order 2011

The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2011

The Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011

Source: www.legislation.gov.uk

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted February 2nd, 2011 in financial regulation, insurance, law reports, warranties by sally

In re Digital Satellite Warranty Cover Ltd and others [2011] EWHC 122 (Ch); [2011] WLR (D) 28

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within para (b) of class 16 Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 1st February 2011

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.

JIH v News Group Newspapers Ltd – WLR Daily

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 2011

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.

Bar Council Calls for Restraint on EU Contract Plans – The Bar Council

Posted February 2nd, 2011 in consultations, contracts, EC law, news by sally

“The Bar Council, which represents barristers in England and Wales, has urged the European Commission to show restraint in considering new proposals on European contract law.”

Full story

The Bar Council, 1st February 2011

Source: www.barcouncil.org.uk

The Epilim compensation case joins a dismal roll call – The Guardian

Posted February 2nd, 2011 in legal aid, medicines, news, personal injuries by sally

“A case by 100 families against a drug company collapsed when legal aid dried up. As the cuts bite, expect more such failures.”

Full story

The Guardian, 1st February 2011

Source: www.guardian.co.uk

Camden Council driver cleared by CRB check abused child – BBC News

Posted February 2nd, 2011 in child abuse, criminal records, news, sexual offences by sally

“A man cleared in a background check had child abuse convictions and went on to abuse a child, it has emerged.”

Full story

BBC News, 1st February 2011

Source: www.bbc.co.uk

Holy man looks set to drop libel case – The Independent

Posted February 2nd, 2011 in costs, defamation, news, payment into court by sally

“An Indian Sikh holy man who is suing a journalist in the British courts for libel has been ordered to put up quarter of million pounds in security costs in order to pursue the case further.”

Full story

The Independent, 1st February 2011

Source: www.independent.co.uk

UK may be forced to give prisoners the vote in time for May elections – The Guardian

Posted February 2nd, 2011 in elections, news, prisons by sally

“The government may be forced to grant the vote to prisoners serving sentences less than four years by this May’s local and European elections or face substantial compensation payouts.”

Full story

The Guardian, 1st February 2011

Source: www.guardian.co.uk

Jack Straw hearing to end Iraq inquiry public hearings – BBC News

Posted February 2nd, 2011 in inquiries, Iraq, news, war by sally

“Jack Straw is to give evidence to the Iraq Inquiry for a third time, as its public hearings come to an end.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Landmark human rights ruling allows asylum mother to remain in UK – The Guardian

Posted February 2nd, 2011 in asylum, children, human rights, news by sally

“Immigration authorities will have to listen to the views of children whose parents are facing deportation, the supreme court has said, in a landmark human rights ruling on the rights of children born to illegal immigrants.”

Full story

The Guardian, 1st February 2011

Source: www.guardian.co.uk

Related link: Full judgment: ZH (Tanzania) (FC) v Secretary of State for the Home Department

High Court challenge to Hampton Court development fails – BBC News

Posted February 1st, 2011 in news, planning by sally

“A High Court bid to block plans for a hotel and flats on a derelict site on the opposite side of the Thames from Hampton Court Palace has failed.”

Full story

BBC News, 31st January 2011

Source: www.bbc.co.uk

Jones v Jones – WLR Daily

Posted February 1st, 2011 in divorce, financial provision, law reports by sally

Jones v Jones [2011] EWCA Civ 41; [2011] WLR (D) 26

“Even if an earning capacity might also sometimes be relevant to a fair distribution of the assets pursuant to the sharing principle, it did not follow that the earning capacity should itself be treated as one of those assets, still less that an attempt should be made to capitalise it.”

WLR Daily, 31st January 2011

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.

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) – WLR Daily

Posted February 1st, 2011 in banking, damages, law reports, negligence, solicitors, ultra vires by sally

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) [2011] EWCA Civ 33; [2011] WLR (D) 25

“A firm of solicitors which erroneously advised a bank that municipalities would not be acting ultra vires if they entered into a swap arrangement with the bank was not liable for the losses resulting from the municipalities’ inability to make restitution once the void nature of the swap agreement came to light. Despite their negligence in relation to the vires of the municipalities, the solicitors had taken no responsibility for their creditworthiness or good faith or for the fact that the bank could not lawfully obtain execution against them when they defaulted on the arrangement.”

WLR Daily, 31st January 2011

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.

Daejan Investments Ltd v Benson and Others – WLR Daily

Posted February 1st, 2011 in covenants, landlord & tenant, law reports, service charges by sally

Daejan Investments Ltd v Benson and Others [2011] EWCA Civ 38; [2011] WLR (D) 24

“The proper exercise of the discretion in section 20ZA of the Landlord and Tenant Act 1985 (as inserted) to dispense with the requirement of consultation laid down in the Service Charges (Consultation Requirements) (England) Regulations 2003 did not depend on financial consequences for the landlord or tenant of granting or refusing such a dispensation.”

WLR Daily, 31st January 2011

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.

Phone hacking: PCC sets up working group – The Guardian

Posted February 1st, 2011 in interception, media, news, telecommunications by sally

“The Press Complaints Commission is setting up a working group to ‘draw together lessons learned’ from the new police investigation and various legal cases relating to the News of the World phone-hacking affair.”

Full story

The Guardian, 31st January 2011

Source: www.guardian.co.uk