Legal News

Zipher Ltd v Markem Systems Ltd and another - WLR Daily

Posted on February 12, 2009
Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48 “An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal...

Ugiagbe v Southwark London Borough Council - WLR Daily

Posted on February 12, 2009
Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47 “A person?s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ?good faith? for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless...

R (Liverpool City Council) v Hillingdon London Borough Council - WLR Daily

Posted on February 12, 2009
R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45 “The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself [...

Allianz SpA and another v West Tankers Inc - WLR Daily

Posted on February 12, 2009
Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44 “It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be [...

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British Broadcasting Corporation v Sugar and Another - Times Law Reports

Posted on February 12, 2009
British Broadcasting Corporation v Sugar and Another House of Lords “The British Broadcasting Corporation was a public authority for the purposes of the Freedom of Information Act 2000 which meant that all requests for information were subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held [...

BAILII: Recent Decisions

Posted on February 12, 2009
Court of Appeal (Civil Division) Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009) Laker Vent Engineering Ltd v Templeton Insurance Ltd [2009] EWCA Civ 62 (11 February 2009) High Court (Chancery Division) Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009) High Court (Administrative Court) McKinnon v [...

Recent Statutory Instruments - OPSI

Posted on February 12, 2009
The Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009 The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2009 The Gambling Act 2005 (Variation of Monetary Limit) Order 2009 The Plastic Materials and Articles in Contact with Food (England) Regulations 2009 The Companies Act 2006 (Amendment [...

Banks rescue bill set to become law - The Independent

Posted on February 12, 2009
“A ‘ping-pong’ between the two Houses of Parliament was avoided today, when peers accepted a Commons change to the Banking Bill, which now goes for Royal Assent.” Full story The Independent, 11th February 2009 Source: www...

Ensuring confidence and transparency in the electoral system - Ministry of Justice

Posted on February 12, 2009
“Justice Minister Michael Wills has given a speech on public confidence and transparency in the democratic process to the Association of Electoral Administrators Conference in Brighton.” Full story Ministry of Justice, 10th February 2009 Source: www...

Software body slams Government?s ?special treatment? of music industry - OUT-LAW.com

Posted on February 12, 2009
“The Government’s Digital Britain plan is a failure that gives favourable treatment to the music business and props up failed business models, a software trade body has said.” Full story OUT-LAW.com, 11th February 2009 Source: www.out-law...

Trader who received £1.2m bonus can sue for extra £100,000, court rules - The Times

Posted on February 12, 2009
“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.” Full story The Times, 11th February 2009 Source: www.timesonline.co.uk

Smacking row family win right to adopt - Daily Telegraph

Posted on February 12, 2009
“A family has won the right to adopt a girl after they were banned when the father smacked a child for swearing.” Full story Daily Telegraph, 11th February 2009 Source: www.telegraph.co.uk

Why we have still not learnt the lessons from Harold Shipman - The Times

Posted on February 12, 2009
“Ten years ago Harold Shipman was making headlines after he was charged with the murder of 15 of his patients. A public inquiry found that Shipman had used loopholes in the systems in which he practised as a family doctor to kill more than 215 people and to avoid detection for many years...

Mother and boyfriend guilty of inflicting 107 injuries on child - The Independent

Posted on February 12, 2009
“A girl aged two was beaten to death by her mother and her boyfriend, who inflicted 107 separate injuries during four weeks of violence.” Full story The Independent, 12th February 2009 Source: www.independent.co.uk

Police will not investigate ?cash for amendments? allegations - The Guardian

Posted on February 12, 2009
“Labour peers accused of attempting to change the law in favour of companies employing them will not be investigated by the police, Scotland Yard said today.” Full story The Guardian, 11th February 2009 Source: www.guardian.co.uk

Credit-crunch divorcés appeal over maintenance - The Times

Posted on February 12, 2009
“The courts are expected to rule soon in a series of test cases brought by once-wealthy City workers who want to renegotiate their hefty divorce settlements now that they are deprived of their large bonuses.” Full story The Times, 12th February 2009 Source: www...

Photographers fear they are target of new terror law - The Guardian

Posted on February 12, 2009
“Taking photographs of police officers could be deemed a criminal offence under anti-terrorism legislation that comes into force next week. Campaigners against section 76 of the Counter-Terrorism Act 2008, which becomes law on Monday, said it would leave professional photographers open to fines and arrest...

Abuse case couple lose fight to get children back - The Independent

Posted on February 12, 2009
“A couple whose children were taken from them and adopted cannot have them back, even though they ‘may be right’ in believing they suffered a miscarriage of justice, three Court of Appeal judges have ruled.” Full story The Independent, 12th February 2009 Source: www...

House of Lords rule against BBC on release of bias report - The Times

Posted on February 12, 2009
“A lawyer has won the backing of the House of Lords in his campaign to force the BBC to disclose an internal report on perceived bias in its coverage of the Middle East.” Full story The Times, 12th February 2009 Source: www.timesonline.co...

BAILII: Recent Decisions

Posted on February 12, 2009
Court of Appeal (Criminal Division) Roberts v Chief Constable of Kent [2008] EWCA Civ 1588 (17 December 2008) Court of Appeal (Civil Division) Greene Wood & McLean Llp v Templeton Insurance Ltd [2009] EWCA Civ 65 (12 February 2009) RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg (Rev 1) [2009] EWCA Civ 26 (12 February [...

Recent Statutory Instruments - OPSI

Posted on February 12, 2009
The Immigration (Biometric Registration) (Amendment) Regulations 2009 The Tax Credits Up-rating Regulations 2009 The Guardian?s Allowance Up-rating (Northern Ireland) Order 2009 The Guardian?s Allowance Up-rating Order 2009 The Revenue and Customs Appeals Order 2009 The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 The Payment Services Regulations 2009 The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 The Criminal Defence Service [...

Legal aid changes will focus help on most vulnerable families and children - Ministry of Justice

Posted on February 12, 2009
“Legal aid fees paid to family barristers are to be differently allocated to focus help to the most vulnerable families and children, and to combat rises in the family legal aid bill Legal Aid Minister Lord Bach and Legal Services Commission (LSC) Chief Executive Carolyn Regan announced today...

BAILII: Recent Decisions

Posted on February 11, 2009
High Court (Commercial Court) Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009) High Court (Technology and Construction Court) Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009) Source: www...

English court can?t stop Italian lawsuit despite arbitration agreement, ECJ says - OUT-LAW.com

Posted on February 11, 2009
“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.” Full story OUT-LAW...

House of Lords Judgments: What?s New?

Posted on February 11, 2009
Sugar (Appellant) v British Broadcasting Corporation and another (Respondents) [2009] UKHL 9 (11 February 2009) Source: www.parliament.uk

Fees in the United Kingdom Supreme Court - Ministry of Justice

Posted on February 11, 2009
“A consultation on the system of fees and concessions for civil and devolution cases in the Supreme Court, after it becomes operational in October 2009.” Full story Ministry of Justice, 10th February 2009 Source: www.justice.gov.uk

Study of Sentencing and its Outcomes: Pilot report - Sentencing Guidelines Council

Posted on February 11, 2009
“On Tuesday 10th February, the SGC and MOJ jointly published: ‘The Study of Sentencing and its Outcomes: a pilot report’. The pilot assessed the feasibility of sampling court records, collecting data from court records and managing data collection procedures...

Managa Properties Ltd v Brittain - WLR Daily

Posted on February 11, 2009
Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42 “Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors? meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the [...

In re P [2009] - WLR Daily

Posted on February 11, 2009
In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41 “When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests...

Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi - Times Law Reports

Posted on February 11, 2009
Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi Court of Appeal (Criminal Division) “The seriousness of terrorist activity about which a defendant failed to give information, rather than the extent of the information that could have been provided, was what determined the level of criminality [...

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