BAILII: Recent Decisions

Court of Appeal (Civil Division)

HM Revenue & Customs v Epson Telford Ltd [2008] EWCA Civ 576 (22 May 2008)

High Court (Chancery Division)

Cunningham v Nokia Corporation [2008] EWHC 1174 (Ch) (09 May 2008)

High Court (Administrative Court)

Vu, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1192 (Admin) (14 May 2008)

Bedfordshire County Council v Haslam & Anor [2008] EWHC 1070 (Admin) (15 May 2008)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1206 (Admin) (15 May 2008)

Hodgson, R (on the application of) v National Policing Improvement Agency [2008] EWHC 1183 (Admin) (04 June 2008)

High Court (Technology and Construction Court)

Haden Young Ltd v Laing O’Rourke Midlands Ltd [2008] EWHC 1016 (TCC) (08 May 2008)

Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd & Ors [2008] EWHC 992 (TCC) (07 May 2008)

Ruttle Plant Ltd v Secretary of State for Environment Food & Rural Affairs No. 2 [2008] EWHC 238 (TCC) (30 April 2008)

High Court (Commercial Court)

Markel International Insurance Company Ltd v Surety Guarantee Consultants Ltd & Ors[2008] EWHC 1135 (Comm) (03 June 2008)

Source: www.bailii.org

Climbie social worker wins appeal – BBC News

“A social worker responsible for the welfare of eight-year-old Victoria Climbie has won her appeal to continue working in her role.”

Full story

BBC News, 4th June 2008

Source: www.bbc.co.uk

MTV fined £255k for offensive material – The Guardian

“Media regulator Ofcom has fined MTV £255,000 for broadcasting ‘highly offensive language and material’ pre-watershed.”

Full story

The Guardian, 4th June 2008

Source: www.guardian.co.uk

High Court begins hearing asbestos test case – The Times

“Families of workers who have died from the fatal asbestos-related disease, mesothelioma, launched a crucial High Court battle yesterday with insurers who say they are not liable to pay compensation.”

Full story

The Times, 4th June 2008

Source: www.timesonline.co.uk

High court shuts landbanking firm – The Guardian

“An illegal landbanking scheme which sold plots of land to investors with the promise of big profits has had its assets frozen following action by the City watchdog.”

Full story

The Guardian, 4th June 2008

Source: www.guardian.co.uk

Bad news for lawyers, but good news for taxpayers – The Times

“How much should big companies mitigate their tax liabilities — both legally and morally? The controversy over Tesco’s tax structuring techniques involving sale and leaseback arrangements with offshore companies highlights a practice increasingly common among large companies. The revelations triggered an outcry about the behaviour of large multinational companies; some even argued that Tesco should ignore such lawful tax planning opportunities and simply volunteer 30 per cent of its profits in corporation tax out of a sense of social responsibility.”

Full story

The Times, 4th June 2008

Source: www.timesonline.co.uk

Law Society and LSC respond to LSCC fine – Law Society

“The Law Society and the Legal Complaints Service (LCS) have reacted to news that Legal Services Complaints Commissioner Zahida Manzoor is to levy a fine of £275,000 in relation to its complaints handling plan for 2008/09.”

Press release

Law Society, 3rd June 2008

Source: www.lawsociety.org.uk

Recent Statutory Instruments – OPSI

The Fire and Rescue Services (National Framework) (England) Order 2008

The Technology Strategy Board (Transfer of Property etc.) Order 2008

The Kingston upon Hull City Council (Scale Lane Bridge) Scheme 2008 Confirmation Instrument 2008

Source: www.opsi.gov.uk

Yorkshire Ripper Peter Sutcliffe’s release hopes quashed by Jack Straw – Daily Telegraph

“Jack Straw has quashed the hopes of Peter Sutcliffe, the Yorkshire Ripper, of gaining his freedom using human rights legislation.”

Full story

Daily Telegraph, 4th June 2008

Source: www.telegraph.co.uk

Mason v Satelcom Ltd and Another – Times Law Reports

Mason v Satelcom Ltd and Another

Court of Appeal

“The owner of a room in which a workman fell from a ladder which he happened to find there was not liable to contribute to his damages even though the ladder was under the owner’s control.”

The Times, 4th June 2008

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.

Carver v BAA plc – Times Law Reports

Carver v BAA plc

Court of Appeal

“Where a claimant had obtained judgment as to liability and had been awarded damages exceeding an earlier payment-in, the judge was none the less empowered to award costs in favour of the losing party or to make no order for costs.”

The Times, 4th June 2008

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.

Gichura v Home Office and Another – Times Law Reports

Gichura v Home Office and Another

Court of Appeal

“Fulfilling a public duty and providing services could occur at the same time.”

The Times, 4th June 2008

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.

Freed teenager raped pregnant woman – Daily Telegraph

“A teenager beat and raped a pregnant woman the day after he was allowed to walk free from remand because of a lack of secure hospital beds.”

Full story

Daily Telegraph, 3rd June 2008

Source: www.telegraph.co.uk

Woman arrested with knife ’saved by sausage’ – Daily Telegraph

“A woman who was accused of having a knife in public walked free from court because she works with sausages, lawyers said on Tuesday.”

Full story

Daily Telegraph, 4th June 2008

Source: www.telegraph.co.uk

Cyclists get new right to turn ‘wrong’ in one-way street – The Times

“A traffic-dodging dash the wrong way up a one-way street may be the tempting risk for many a frustrated cyclist. But it will no longer be against the law under an experiment designed to encourage more people to switch from four wheels to two.”

Full story

The Times, 4th June 2008

Source: www.timesonline.co.uk

Constitutional reform: Brown’s plans ‘disappointingly limited’, say MPs – The Guardian

“Gordon Brown’s plans for constitutional reform were today (3 June) described as ‘disappointingly limited’ by a Labour-dominated committee of MPs.”

Full story

The Guardian, 3rd June 2008

Source: www.guardian.co.uk

Prisoners turning down the chance of early release – The Times

“Britain’s jails will be criticised today as no more than costly bed-and-breakfast lodgings as new figures show that thousands of prisoners a year reject the chance of early release.”

Full story

The Times, 4th June 2008

Source: www.timesonline.co.uk

Only a ‘grave threat’ would trigger 42-day detention, say ministers – The Independent

“New powers to hold terror suspects for up to 42 days without charge would be triggered only by a ‘grave and exceptional’ threat akin to the 7 July bombings in London, ministers said yesterday as they moved to defuse a potentially devastating revolt by Labour MPs.”

Full story

The Independent, 4th June 2008

Source: www.independent.co.uk