Archive for February 16th, 2010

Barber v Croydon London Borough Council – WLR Daily

Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39

“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 the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”

WLR Daily, 16th February 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.

FSA issues record fine for insider trading – BBC News

“The City watchdog, the Financial Services Authority (FSA), has issued the largest fine in its history against an individual for insider trading.”

Full story

BBC News, 16th February 2010

Source: www.bbc.co.uk

Judge orders extradition of five men over Crete murder bid – The Independent

“Five young men accused of attempting to murder a British holidaymaker in Crete were today ordered to travel to Greece to face justice. A judge granted an extradition request after hearing the gang were suspected of the savage mob attack in Malia in June 2008.”

Full story

The Independent, 16th February 2010

Source: www.independent.co.uk

Attorney general upholds Edlington torture case sentences – The Guardian

“Lady Scotland rules sentences for brothers who submitted two boys to ordeal of violence and sexual abuse were appropriate.”

Full story

The Guardian, 15th February 2010

Source: www.guardian.co.uk

Waffle company fined £1,750 after worker’s fall – BBC News

“A company has been fined by the Health and Safety Executive (HSE) after a worker fell 4ft (1.2m) at its factory.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Former vicar from Wirral jailed over indecent images – BBC News

“A 60-year-old former senior vicar has been jailed for a year after being found in possession of images of child sex abuse for a second time.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

The Council Tax (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2010

The Overhead Lines (Exempt Installations) Order 2010

The Personal Injuries (Civilians) Scheme (Amendment) Order 2010

The Learning and Skills Council for England (Strategy for Greater Manchester) Order 2010

The Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] EWCA Civ 79 (15 February 2010)

High Court (Administrative Court)

Barnsley Metropolitan Borough Council v Secretary of State for Communities and Local Government & Anor [2010] EWHC 206 (Admin) (15 February 2010)

High Court (Chancery Division)

Stream Healthcare (London) Ltd v Pitman Education and Training Ltd [2010] EWHC 216 (Ch) (15 February 2010)

Rolfe & Anor v Bernard Samuel Rolfe Tulsesense Ltd [2010] EWHC 244 (Ch) (15 February 2010)

High Court (Technology and Construction Court)

Banner Holdings Ltd v Colchester Borough Council [2010] EWHC 139 (TCC) (29 January 2010)

Source: www.bailii.org

Martin v Secretary of State for Work and Pensions – Times Law Reports

Court of Appeal

“The value of a property in France held by a social security recipient living in France could be included in his capital, thus depriving him of his benefit even if the property was held on trust for a third party since an implied trust was unknown in French law.”

The Times, 16th February 2010

Soure: www.timesonline.co.uk

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 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.

Eweida v British Airways plc – WLR Daily

Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37

 “A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination.”

WLR Daily, 15th February 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.

APIL attacks government over eligibility for bereavement damages – Law Society’s Gazette

“The Association of Personal Injury Lawyers (APIL) has criticised the government for ignoring Law Commission recommendations to increase general damages in personal injury cases.”

Full story

Law Society’s Gazette, 15th February 2010

Source: www.lawgazette.co.uk

MPs, Lords question human rights compatibility of Digital Economy Bill – OUT-LAW.com

“The Government must provide more detail on exactly how alleged copyright infringers will be cut off from the internet before a file-sharing disconnection law is passed, according to a parliamentary committee.”

Full story

OUT-LAW.com, 15th February 2010

Source: www.out-law.com

Metropolitan Police officer loses racism claim – BBC News

“A Metropolitan Police officer praised by ex-London Mayor Ken Livingstone for his handling of a racist attack on him has lost a race discrimination claim.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Football fans banned after FA Cup derby violence – BBC News

“Four fans have been given football banning orders following the violence in Southampton after the FA Cup tie against rivals Portsmouth.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Anti-terror body scanners may be illegal, ministers warned – The Guardian

“Ministers should act immediately to ensure that the use of full-body scanners at British airports is lawful, the ­Equalities and Human Rights Commission has warned.”

Full story

The Guardian, 16th February 2010

Source: www.guardian.co.uk

Woman subjected female priest to campaign of harassment – Daily Telegraph

“A lonely churchgoer submitted her female priest to a terrifying harassment campaign after fixating on her as a mother figure, a court heard.”

Full story

Daily Telegraph, 15th February 2010

Source: www.telegraph.co.uk

“Eye in the sky” arrest of a teenage thief could land police in court – Daily Telegraph

“An ‘eye in the sky’ arrest of a teenager fleeing from a stolen car using a surveillance drone could land police in court after it emerged it did not have permission to be in the air.”

Full story

Daily Telegraph, 16th February 2010

Source: www.telegraph.co.uk

‘Playboy’ model walks free over nightclub attack – The Independent

“A former Playboy Model of the Year walked free from court yesterday after being given a suspended sentence for attacking a woman in a nightclub toilet cubicle in a jealous row over her husband.”

Full story

The Independent, 16th February 2010

Source: www.independent.co.uk

Met commander Ali Dizaei to launch appeal – The Guardian

“Disgraced officer, jailed for four years, is to appeal against conviction for corruption, says legal team.”

Full story

The Guardian, 15th February 2010

Source: www.guardian.co.uk

News of the World may offer Max Clifford cash to settle illegal phone hacking case – The Guardian

“The News of the World is believed to be planning to settle a court case which threatens to disclose further evidence of the involvement of its ­journalists in illegal information-gathering by private investigators. According to one source at the paper, executives have devised a plan to block the case by offering money to the celebrity PR agent Max Clifford to persuade him to settle his legal action over the illegal ­interception of his voicemail messages.”

Full story

The Guardian, 15th February 2010

Source: www.guardian.co.uk

Media asks court to reinstate criticism of MI5 in Binyam Mohamed case – The Times

“Britain’s senior judges will rethink this week their controversial decision to excise damning criticism of MI5 from a ruling published last week. Lawyers for leading British and American media organisations have written to the Court of Appeal asking the judges to reinstate a paragraph — which disclosed how much M15 had been told about the torture of the Guantánamo Bay detainee, Binyam Mohamed — that they removed from their draft judgment after representations from the Foreign Secretary.”

Full story

The Times, 16th February 2010

Source: www.timesonline.co.uk


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