BAILII: Recent Decisions

Court of Appeal (Civil Division)

Aziz v Aziz & Ors Rev 1 [2007] EWCA Civ 712 (11 July 2007)

Masri v Consolidated Contractors International Company SAL & Anor [2007] EWCA Civ 688 (11 July 2007)

Adelson & Anor v Associated Newspapers Ltd. [2007] EWCA Civ 701 (09 July 2007)

MM, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 687 (06 July 2007)

Togher v Revenue and Customs Prosecutions Office & Anor [2007] EWCA Civ 686 (05 July 2007)

Boehringer Ingelheim & Ors v Vetplus Ltd [2007] EWCA Civ 661 (05 July 2007)

Scottish & Newcastle Plc v Lancashire Mortgage Corporation Ltd [2007] EWCA Civ 684 (05 July 2007)

Abdirahman v Secretary of State for Work and Pensions [2007] EWCA Civ 657 (05 July 2007)

Ellis v Bristol City Council [2007] EWCA Civ 685 (05 July 2007)

David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)

MccArthy v Mccarthy & Stone Plc [2007] EWCA Civ 664 (04 July 2007)

Howell & Ors v Lees Millais & Ors [2007] EWCA Civ 720 (04 July 2007)

A, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 655 (04 July 2007)

Denton v London Borough Southwark [2007] EWCA Civ 623 (04 July 2007)

Banco Nacional De Comercio Exterior SNC v Empresa De Telecommunicaciones De Cuba SA & Anor [2007] EWCA Civ 662 (04 July 2007)

Ecuador v Occidental Exploration & Production Co [2007] EWCA Civ 656 (04 July 2007)

Howell & Ors v Lees Millais & Ors [2007] EWCA Civ B1 (04 July 2007)

SWI Ltd v P & I Data Services Ltd [2007] EWCA Civ 663 (04 July 2007)

Graves v Graves & Ors [2007] EWCA Civ 660 (03 July 2007)

Court of Appeal (Criminal Division)

Campbell v R [2007] EWCA Crim 1472 (26 June 2007)

Coates, R v Rev 1 [2007] EWCA Crim 1471 (22 June 2007)

Johnson v R. [2007] EWCA Crim 1651 (11 July 2007)

Kepple, R. v [2007] EWCA Crim 1339 (13 June 2007)

Legrys, R v Malcolm [2007] EWCA Crim 1605 (03 July 2007)

Makai v R. [2007] EWCA Crim 1652 (11 July 2007)

Wood, R. v [2007] EWCA Crim 1556 (04 July 2007)

Z v R [2007] EWCA Crim 1473 (26 June 2007)

Source: www.bailii.org

‘First’ smoking prosecution bid - BBC News

“A Blackpool landlord could become the first in England to be prosecuted under the new anti-smoking legislation.”

Full story

BBC News, 11th July 2007

Source: www.bbc.co.uk

Judge criticises bombers’ law firm - Daily Telegraph

“A firm of solicitors which represented some of the July 21 bombers has been strongly criticised by the trial judge.”

Full story

Daily Telegraph, 11th July 2007

Source: www.telegraph.co.uk

Abu Hamza fights US extradition - BBC News

“Controversial Muslim cleric Abu Hamza al-Masri should not be extradited to the US to face terror charges, a court has been told.”

Full story

BBC News, 11th July 2007

Source: www.bbc.co.uk

Keep women out of jail, group says - The Times

“More community sentences should be tailor-made for women to keep them out of jail, a women’s equality group has claimed. “

Full story

The Times, 11th July 2007

Source: www.timesonline.co.uk

Four 21/7 bomb plotters get life - BBC News

“Four men convicted of the 21 July bomb plot have been jailed for life, with a minimum tariff of 40 years each.”

Full story

BBC News, 11th July 2007

Source: www.bbc.co.uk

Adelson and another v Associated Newspapers Ltd - WLR Daily

Adelson and another v Associated Newspapers Ltd [2007] EWCA (Civ) 701 

“A court would only grant an order substituting a party to an action after the expiry of the limitation period, pursuant to CPR r 19.5, on the ground that there had been a mistake in relation to the name of a party, if it was shown that the person who had made the mistake was the person responsible for the issue of the claim form and that, had the mistake not been made, the new party would have been named in the pleading.”

WLR Daily, 11th July 2007

Source: www.lawreports.co.uk

Lord Hunt hails start of public legal education dialogue - Ministry of Justice

“Public legal education is vital in providing access to justice by making people aware of their rights and responsibilities, legal aid minister Lord Hunt said today.”

Press release

Ministry of Justice, 11th July 2007

Source: www.justice.gov.uk

Ban over secrets trial ‘is nonsensical’ for media - The Times

“A contempt of court ruling in an Official Secrets Act trial at the Old Bailey created a ‘nonsensical situation’ for the media, a QC said yesterday.”

Full story

The Times, 11th July 2007

Source: www.timesonline.co.uk

Appointment Of Director General Of The Office For Security & Counter-Terrorism - Home Office

“The Home Office today announced the appointment of Charles Farr OBE as Director General of the newly constituted Office for Security and Counter-Terrorism.”

Press release

Home Office, 6th July 2007

Source: www.homeoffice.gov.uk

R (Abdi) v Lambeth London Borough Council - Times Law Reports

Official can decide twice

R (Abdi) v. Lambeth London Borough Council

Queen’s Bench Division

“A local authority housing officer who had refused a homeless person’s application for housing could also decide her application for temporary accommodation pending appeal.”

The Times, 11th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from date of publication

Beckett Investment Management Group Ltd v Hall - Times Law Reports

Court takes realist view of corporate personality

Beckett Investment Management Group Ltd v Hall

Court of Appeal

“In construing a covenant in restraint of trade between a holding company and its employees, who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a purist approach to corporate personality in favour of one which had regard to the realities of big business, taking the group as being one concern under one supreme control.”

The Times, 11th July 2007

Source: www.timesonline.co.uk

 Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Watchdog seeks an end to “horror” of personal data security leaks - The Guardian

“Britain’s data watchdog sparked a row with business leaders yesterday when he called for more powers to confront companies that fail to protect personal information held on computers. He wants a new rule that would allow investigators to look at files without the permission of company directors.”

Full story

The Guardian, 11th July 2007

Source: www.guardian.co.uk

Prison watchdog’s open jail fears - BBC News

“The prisons watchdog is questioning the policy of placing high-risk criminals, including sex offenders, in open jails.”

Full story

BBC News, 10th July 2007

Source: www.bbc.co.uk

Kate Middleton “hounded” say MPs - BBC News

“Prince William’s ex-girlfriend was ‘hounded’ by the paparazzi and the press watchdog took too long to protect her, MPs have said.”

Full story

BBC News, 11th July 2007

Source: www.bbc.co.uk

Sellafield body parts inquiry grows, says QC - The Guardian

“The barrister investigating the removal of body parts from Sellafield workers and those at other nuclear plants over 30 years said yesterday that he expected the number of cases would rise beyond the 65 already disclosed by BNFL.”

Full story

The Guardian, 11th July 2007

Source: www.guardian.co.uk

Met’s unique £20,000 reward to stop mutilation of women - The Guardian

“An estimated 66,000 women and girls in England and Wales have had their genitals forcibly mutilated, according to Department of Health figures due out this autumn. The practice is so serious among immigrant communities in London that the Metropolitan police yesterday offered £20,000 to anyone giving information which leads to successful prosecution, the first reward for a general crime rather than a specific case. No one has yet been prosecuted under the Prohibition of Female Circumcision Act in 1985 and the Female Genital Mutilation Act 2003.”

Full story

The Guardian, 11th July 2007

Source: www.guardian.co.uk

MPs back press self-regulation - The Guardian

“MPs have rejected calls for statutory regulation of the press following the News of the World phone tapping affair but have accused some editors of becoming ‘complacent’ about the excesses of their staff.”

Full story

The Guardian, 11th July 2007

Source: www.guardian.co.uk

MPs renew 28-day pre-charge detention rule - Reuters

“MPs on Tuesday renewed a law allowing police to detain terrorism suspects for 28 days without charge as the government argued recent suspected plots demonstrated the need for the measure.”

Full story

Reuters, 10th July 2007

Source: www.reuters.co.uk

Deal struck on the phone is binding, rules High Court - OUT-LAW.com

“An oral contract over the phone is binding, the High Court has ruled in a multi-million pound case which threatened to undermine the way the world of high finance operates. The verbal agreement did not have to be in writing, the court found.”

Full story

OUT-LAW.com, 10th July 2007

Source: www.out-law.com

Lawyer for defence faces investigation over bribery claims - The Times

“A solicitor who has built up a lucrative practice specialising in terrorist cases could face a police investigation after the 21/7 trial. Mudassar Arani, who defended three of the failed suicide bombers convicted on Monday, was accused in open court of attempting to bribe another solicitor’s client.”

Full story

The Times, 11th July 2007

Source: www. timesonline.co.uk

Freshfields accused of “emotional blackmail” to make partner retire - The Times

“A top legal firm was accused yesterday of using emotional blackmail to influence a lawyer’s career choices during a landmark £4.5 million legal claim.”

Full story

The Times, 11th July 2007

Source: www.timesonline.co.uk

Doctor is cleared of hastening deaths of babies - The Times

“A doctor accused of wrongly administering a massive dose of a paralysing drug to two dying babies, hastening their deaths, was cleared by the General Medical Council yesterday.”

Full story

The Times, 11th July 2007

Source: www.timesonline.co.uk