Month: March 2011

Deutsche Lufthansa AG v Kumpan – WLR Daily

Posted March 21st, 2011 in contract of employment, EC law, law reports by sally

Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90

“Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation to the imposition of the final fixed-term contract, that according to the national law ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ existed.”

WLR Daily, 10th March 2011

Source: www.iclr.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.

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted March 21st, 2011 in domicile, EC law, law reports, pensions, social security by sally

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 2011

Source: www.iclr.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.

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Posted March 21st, 2011 in confidentiality, disclosure, injunctions, law reports, Serious Fraud Office by sally

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th March 2011

Source: www.iclr.co.uk

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

BAILII: Recent Decisions

Posted March 21st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Haddock, R v [2011] EWCA Crim 303 (07 February 2011)

M, R v [2011] EWCA Crim 648 (18 March 2011)

Takkar v R. [2011] EWCA Crim 646 (18 March 2011)

Attorney Generals Reference No. 73, 75 & 03 of 2010 [2011] EWCA Crim 633 (03 March 2011)

Court of Appeal (Civil Division)

Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Ors [2011] EWCA Civ 268 (16 March 2011)

High Court (Queen’s Bench Division)

Stevenson & Ors v London Borough of Southwark [2011] EWHC 636 (QB) (18 March 2011)

High Court (Administrative Court)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 637 (Admin) (18 March 2011)

Hall, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 600 (Admin) (18 March 2011)

High Court (Commercial Court)

Mujur Bakat SDN BHD & Anor v Uni. Asia General Insurance Berhad & Ors [2011] EWHC 643 (Comm) (18 March 2011)

Source: www.bailii.org

Security guards given police powers – The Independent

Posted March 21st, 2011 in news, police, security companies by sally

“Private security guards are gaining limited policing powers today under a Government scheme to relieve the petty crime burden on forces.”

Full story

The Independent, 21st March 2011

Source: www.independent.co.uk

Commission on a UK Bill of Rights launched – Ministry of Justice

Posted March 21st, 2011 in constitutional reform, human rights, news by sally

“An independent Commission to investigate the case for a UK Bill of Rights has been launched today by Deputy Prime Minister Nick Clegg and Secretary of State for Justice Kenneth Clarke.”

Full story

Ministry of Justice, 18th March 2011

Source: www.justice.gov.uk

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Posted March 21st, 2011 in civil procedure rules, immigration, judicial review, law reports, oral hearings by sally

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

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

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Posted March 21st, 2011 in declaratory judgment, enforcement, law reports, planning, rights of way by sally

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 2011

Source: www.iclr.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 (Medical Justice) v Secretary of State for the Home Department – WLR Daily

Posted March 21st, 2011 in appeals, civil procedure rules, judicial review, law reports by sally

Regina (Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269; [2011] WLR (D) 95

“Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. The proper course was either to accept the terms, or to treat them as a refusal of permission and to make a fresh application under section 54(4) to the appropriate appeal court for permission.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

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

Brent London Borough Council v Fuller – WLR Daily

Posted March 21st, 2011 in employment tribunals, law reports, unfair dismissal by sally

Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D)

“It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the proceedings in the employment tribunal. As appellate tribunals and courts were confined to questions of law they ought not, in the absence of an error of law (including perversity), take over the employment tribunal’s role as an ‘industrial jury’ with a fund of relevant and diverse specialist expertise.”

WLR Daily, 15th March 2011

Source: www.iclr.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.

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Posted March 21st, 2011 in conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 2011

Source: www.iclr.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.

Legal aid cuts: misleading statistics from the MoJ – The Guardian

Posted March 21st, 2011 in budgets, legal aid, news, statistics by sally

“LAG believes that the Ministry of Justice (MoJ) has been guilty of playing rather fast and loose in its interpretation of the figures on the impact of the proposed civil legal aid cuts.”

Full story

The Guardian, 18th March 2011

Source: www.guardian.co.uk

Pressure prompts review of ‘domestic violence’ legal aid definition – Law Society’s Gazette

Posted March 21st, 2011 in domestic violence, legal aid, news by sally

“The government has delayed its plans to respond to the legal aid and civil costs consultations until after Easter, and will ‘review’ the definition of domestic violence, the legal aid minister said last week.”

Full story

Law Society’s Gazette, 21st March 2011

Source: www.lawgazette.co.uk

Greater Manchester Police criticised over David Askew case – BBC News

Posted March 21st, 2011 in complaints, harassment, news, police by sally

“Police have been criticised for their handling of the case of a man with learning difficulties who died after being harassed in Greater Manchester.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Oxford exam-fail law student loses compensation bid – BBC News

Posted March 21st, 2011 in examinations, legal education, negligence, news, universities by sally

“An Oxford graduate who sued a law college after failing her exams has lost a bid for damages and was told her own lack of aptitude was to blame.”

Full story

BBC News, 18th March 2011

Source: www.bbc.co.uk

Digital Economy Act: ‘rushed’ anti-piracy laws delayed until 2012 – Daily Telegraph

Posted March 21st, 2011 in copyright, EC law, electronic commerce, internet, news by sally

“The Government has admitted that it cannot implement legislation to curb internet piracy until spring 2012 at the earliest, as it prepares for a legal battle in the High Court.”

Full story

Daily Telegraph, 21st March 2011

Source: www.telegraph.co.uk

Bar Standards Board pushes back introduction of BPTC aptitude test – Legal Week

Posted March 21st, 2011 in barristers, examinations, legal education, news by sally

“The Bar Standards Board (BSB) has confirmed a new timetable for the introduction of an aptitude test for the Bar Vocational Training Course (BPTC).”

Full story

Legal Week, 18th March 2011

Source: www.legalweek.com

British hacker jailed over £7m virtual gaming chips scam – The Guardian

Posted March 21st, 2011 in computer crime, news, sentencing, theft by sally

“A British computer hacker who stole 400bn virtual gaming chips from an international gaming company has been jailed for two years.”

Full story

The Guardian, 18th March 2011

Source: www.guardian.co.uk

Ofgem to tackle ‘complex and unfair energy bills’ – BBC News

Posted March 21st, 2011 in competition, consumer protection, energy, news by sally

“Regulator Ofgem has told energy firms they must offer simpler tariffs to help consumers compare prices.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

.xxx adult entertainment domain approved by internet regulators – The Guardian

Posted March 21st, 2011 in domain names, news, pornography by sally

“Plans to establish a new internet domain specifically for pornography are to proceed after internet regulators approved the .xxx suffix for adult entertainment sites, three years on from a decision to block the move.”

Full story

The Guardian, 19th March 2011

Source: www.guardian.co.uk