EastEnders cleared over baby swap storyline – BBC News

Posted August 1st, 2011 in complaints, media, news by tracey

“EastEnders’ controversial cot death and baby swap storyline has been cleared by media regulator Ofcom after thousands of complaints.”

Full story

BBC News, 1st August 2011

Source: www.bbc.co.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Posted August 1st, 2011 in law reports, pensions, winding up by tracey

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2011] UKSC 42;  [2011] WLR (D)  267

“Equilibrium of assets and liabilities was not a requirement of the definition of a money purchase pension scheme under section 181 of the Pension Schemes Act 1993.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Hashwani v Jivraj (London Court of International Arbitration and others intervening) – WLR daily

Posted August 1st, 2011 in arbitration, employment, law reports, religious discrimination by tracey

Hashwani v Jivraj (London Court of International Arbitration and others intervening) [2011] UKSC 40;  [2011] WLR (D)  266

“An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators, who were not employees of the arbitrating parties appearing before them. An arbitration clause in a commercial agreement between two members of the Ismaili community requiring that, in the event of a dispute between them, any arbitrators they appointed had to be members of the Ismaili faith was therefore valid and precluded the appointment by one of the parties of a non-Ismaili.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Newtown sex offender Anthony Milsom has sentence cut – BBC News

“A ‘manipulative and predatory’ sex offender who was jailed indefinitely for public protection has had his sentence cut to three-and-a-half years.”

Full story

BBC News, 29th July 2011

Source: www.bbc.co.uk

Cambridgeshire man jailed for sex assaults on girls – BBC News

Posted August 1st, 2011 in child abuse, news, rape, sentencing, sexual offences by tracey

“A man who sexually assaulted a 12-year-old girl and raped a teenager 20 years ago has been jailed for 12 years.”

Full story

BBC News, 29th July 2011

Source: www.bbc.co.uk

Former Livingston MP Jim Devine leaves prison – BBC News

Posted August 1st, 2011 in early release, expenses, fraud, news, parliament, sentencing by tracey

“Former Labour MP Jim Devine has been released from prison after serving a quarter of his 16-month sentence for expenses fraud.”

Full story

BBC News, 1st August 2011

Source: www.bbc.co.uk

Mother who left children in 40C car spared jail – BBC News

Posted August 1st, 2011 in child neglect, community service, news, sentencing by tracey

“A mother who left her three children in a hot car for 45 minutes in Carlisle has been spared jail.”

Full story

BBC New, 1st August 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 1st, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Faith Stewart v Secretary of State for Work and Pensions [2011] EWCA Civ 907 (29 July 2011)

Suckrajh, R (on the application of) v The Asylum & Immigration Tribunal & Anor [2011] EWCA Civ 938 (29 July 2011)

Iqbal v Ahmed [2011] EWCA Civ 900 (29 July 2011)

Hayes v Merseyside Police [2011] EWCA Civ 911 (29 July 2011)

Austin & Ors v Miller Argent (South Wales) Ltd [2011] EWCA Civ 928 (29 July 2011)

Modi & Anor v Clarke [2011] EWCA Civ 937 (29 July 2011)

Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor [2011] EWCA Civ 919 (29 July 2011)

Purely Creative Ltd & Ors v The Office of Fair Trading [2011] EWCA Civ 920 (29 July 2011)

High Court (Administrative Court)

HM Attorney-General v MGN Ltd & Anor [2011] EWHC 2074 (Admin) (29 July 2011)

Secretary of State for the Home Department v CD [2011] EWHC 2087 (Admin) (29 July 2011)

Coates v Crown Prosecution Service [2011] EWHC 2032 (Admin) (29 July 2011)

Bat v The Investigating Judge of the German Federal Court [2011] EWHC 2029 (Admin) (29 July 2011)

Rahmatullah v Secretary of State for Foreign Affairs & Anor [2011] EWHC 2008 (Admin) (29 July 2011)

Kotecha & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2070 (Admin) (29 July 2011)

Cockburn, R (on the application of) v Secretary of State for Health [2011] EWHC 2095 (Admin) (29 July 2011)

High Court (Chancery Division)

Payless Cash & Carry Ltd v Patel & Ors [2011] EWHC 2112 (Ch) (29 July 2011)

Space Airconditioning Plc v Guy Smith Brothers Stores Ltd [2011] EWHC 2107 (Ch) (29 July 2011)

Claridge, Re The Trustee In Bankruptcy of [2011] EWHC 2047 (Ch) (29 July 2011)

LB Re Financing No. 3 Ltd v Excalibur Funding No.1 Plc & Ors [2011] EWHC 2111 (Ch) (29 July 2011)

Multi Veste 226 BV v Ni Summer Row Unitholder BV & Ors [2011] EWHC 2026 (Ch) (29 July 2011)

Winnetka Trading Corp v (Julius Baer International Ltd & Anor [2011] EWHC 2030 (Ch) (29 July 2011)

Favor Easy Management Ltd & Anor v Wu (aka Lisa Wu) & Ors [2011] EWHC 2017 (Ch) (29 July 2011)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 2043 (Ch) (29 July 2011)

High Court (Commercial Court)

Dunavant Enterprises Incorporated v Olympia Spinning & Weaving Mills Ltd [2011] EWHC 2028 (Comm) (29 July 2011)

Playup Interactive Entertainment (UK) Pty Ltd v Givemefootball Ltd [2011] EWHC 1980 (Comm) (28 July 2011)

High Court (Queen’s Bench Division)

Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) (01 August 2011)

Mitton & Ors v Benefield & Anor [2011] EWHC 2098 (QB) (01 August 2011)

Al- Amoudi v Kifle [2011] EWHC 2037 (QB) (29 July 2011)

The Lord Chancellor v Alexander Johnson & Co Solicitors & Anor [2011] EWHC 2113 (QB) (29 July 2011)

Source: www.bailii.org

Current Awareness Survey

Posted August 1st, 2011 in news by sally

In May of this year we re-designed the Current Awareness blog and we are eager to get readers’ feedback on the new design as well as the service in general. We would be grateful if you could take a few minutes to complete a short survey.

https://www.surveymonkey.com/s/6VTRKWW

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others – WLR Daily

Posted August 1st, 2011 in assignment, covenants, law reports, leases by tracey

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904;  [2011] WLR (D)  265

“Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995 because it frustrated the operation of section 24(2) of that Act, by which the original tenant’s guarantor was released from his obligation on the assignment of the tenancy. Similarly, a contractual arrangement contained in a later document, for instance, a renewal obligation imposed on a guarantor of an assignee’s liabilities in an assignment or a licence to assign, would be invalid.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Brownbill and others v St Helens and Knowsley Teaching Hospitals NHS Trust – WLR Daily

Posted August 1st, 2011 in employment tribunals, equal pay, law reports, sex discrimination by tracey

Brownbill and others v St Helens and Knowsley Teaching Hospitals NHS Trust [2011] EWCA Civ 903;  [2011] WLR (D)  264

“Once an employment tribunal had found that there were terms in women’s contracts and terms in men’s contracts that were susceptible to comparison and that each of the terms was a distinct provision with sufficient content to make it possible to compare them so that the benefits conferred by the provision could be contrasted, it should proceed to compare them focusing on the equality of terms not of total pay actually received.”

WLR Daily, 28th July 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 1st, 2011 in legislation by tracey

The Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011

The Dentists Act 1984 (Medical Authorities) Order 2011

The Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011

The Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011

The River Humber (The Deep Tidal Stream Generator) Order 2011

Source: www.legislation.gov.uk

The Family Courts: Media Access & Reporting – Judiciary of England and Wales

Posted August 1st, 2011 in family courts, media, private hearings, reporting restrictions, reports by tracey

“A joint publication of The President of the Family Division, the Judicial College and the Society of Editors.”

Full report

Judiciary of England and Wales, 29th July 2011

Source: www.judiciary.gov.uk

CPS statement on Bilal Ahmad – Crown Prosecution Service

Posted August 1st, 2011 in internet, press releases, sentencing, soliciting to murder by tracey

“Bilal Ahmad was today sentenced for encouraging violent extremism and attempting to stir up hatred on the internet.”

Full press release

Crown Prosecution Service, 29th July 2011

Source: www.cps.gov.uk

Newspapers guilty of contempt during murder investigation – Attorney General’s Office

Posted August 1st, 2011 in contempt of court, media, press releases by tracey

“Mirror Group Newspapers Ltd and News Group Newspapers Ltd have been found guilty of contempt of court for publishing potentially prejudicial coverage of a former suspect in the Joanna Yeates murder investigation at the start of this year which had the potential to impede the course of justice.”

Full press release

Attorney General’s Office, 29th July 2011

Source: www.attorneygeneral.gov.uk

My libel victory underlines the need for journalists to check their facts – The Guardian

Posted August 1st, 2011 in defamation, legal aid, media, news by tracey

“A critic is free to hate a book but this ruling found Lynn Barber had a reckless disregard for the truth.”

Full story

The Guardian, 29th July 2011

Source: www.guardian.co.uk

Judge tells teacher sex offender: ‘I don’t criticise you for being attracted to children’ – Daily Telegraph

Posted August 1st, 2011 in indecent photographs of children, judges, news, teachers by tracey

“A judge has been condemned for telling a teacher convicted of child porn offences that she did not criticise him for being attracted to children.”

Full story

Daily Telegraph, 29th July 2011

Source: www.telegraph.co.uk

‘Viper in our midst’ jailed for threatening MPs – Daily Telegraph

Posted August 1st, 2011 in news, sentencing, soliciting to murder by tracey

“A Muslim extremist who posted a call for attacks on MPs who supported the Iraq war on a radical website, along with where to buy a knife, has been jailed for 12 years.”

Full story

Daily Telegraph, 29th July 2011

Source: www.telegraph.co.uk

Negligence claims against GPs rising – The Guardian

Posted August 1st, 2011 in doctors, negligence, news by tracey

“Payouts to patients or their families hit unprecedented levels according to Medical Defence Union.”

Full story

The Guardian, 29th July 2011

Source: www.guardian.co.uk

Teacher who attacked pupil with dumbbell banned for life – The Guardian

Posted August 1st, 2011 in assault, news, sentencing, teachers by tracey

“A science teacher who attacked a 14-year-old pupil with a dumbbell has been banned from teaching for life.
Peter Harvey, now 51, had been provoked by pupils during a lesson in July 2009 when they called him a ‘psycho’ and ‘bald-headed bastard’. He lost control and hit the teenager about the head with the 3kg weight while shouting ‘die, die, die’.”

Full story

The Guardian, 30th July 2011

Source: www.guardian.co.uk