Daily Cause List, 1st August 2008

Friday 1st August 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

31,500 prisoners released early – BBC News

“More than 31,500 criminals were freed early in England and Wales in the first year of a scheme to free up overcrowded jails, official figures show.”

Full story

BBC News, 31st July 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Mitchell v Revenue & Customs Prosecutions Office & Anor [2008] EWCA Crim 1741 (30 July 2008)

S & Ors, R v [2008] EWCA Crim 1636 (4 July 2008)

Court of Appeal (Civil Division)

Lifely v Lifely [2008] EWCA Civ 904 (30 July 2008)

KH (Sudan) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 887 (30 July 2008)

Donaldson v O’Sullivan [2008] EWCA Civ 879 (30 July 2008)

British Union for the Abolition of Vivisection v Home Office & Anor [2008] EWCA Civ 870 (30 July 2008)

Hedrich & Anor v Standard Bank London Ltd & Anor [2008] EWCA Civ 905 (30 July 2008)

Birmingham City Council v Lee [2008] EWCA Civ 891 (30 July 2008)

NF (Ghana) v Secretary of State for the Home Department [2008] EWCA Civ 906 (30 July 2008)

LS (Uzbekistan) v Secretary of State for the Home Department [2008] EWCA Civ 909 (30 July 2008)

High Court (Administrative Division)

Basi & Anor v London Borough of Redbridge [2008] EWHC 1699 (Admin) (16 July 2008)

High Court (Commercial Court)

Ace Capital Ltd v CMS Energy Corporation [2008] EWHC 1843 (Comm) (30 July 2008)

Source: www.bailii.org

Constitution reforms ‘need work’ – BBC News

“Ministers need to think more about plans to reform the UK constitution before they are ready to become law, MPs and peers have said.”

Full story

BBC News, 31st July 2008

Source: www.bbc.co.uk

R (Securiplan plc) v Security Industry Authority – WLR Daily

R (Securiplan plc) v Security Industry Authority [2008] EWHC 1762 (Admin); [2008] WLR (D) 271

“Despite the absence of any express powers under the Private Security Industry Act 2001, the Security Industry Authority, the body established under the 2001 Act to carry out licensing, monitoring and inspection functions, had power to prosecute alleged offences under that Act.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily

Bailey (by her father and litigation friend) v Ministry of Defence and another [2008] EWCA Civ 883

“Where medical science could not establish the probability that ‘but for’ an act of negligence an injury would not have happened, but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cantrell v Wycombe District Council – WLR Daily

Cantrell v Wycombe District Council [2008] EWCA Civ 866; [2008] WLR (D) 269

“A positive convenant could not be enforced against the successor in title of the covenantor in common law even though the agreement had been made with express reference to s 609 of the Housing Act 1985 to disapply the common law prohibition. Parliament had not intended s 609 to displace the common law.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) – WLR Daily

R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60; [2008] WLR (D) 267

“Where, following threats by a foreign state as to the consequences, affecting national security, if he pursued an investigation into alleged corruption, the Director of the Serious Fraud Office had discontinued it, he had been entitled in his discretion to do so.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McKinnon v Government of the United States of America – WLR Daily

McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266

“A foreign prosecuting authority’s plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mason v Ministry of Justice – WLR Daily

Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265

“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Corner House Research and Another) v Director of the Serious Fraud Office – Times Law Reports

Regina (Corner House Research and Another) v Director of the Serious Fraud Office

House of Lords

“Where he took the view that protecting the lives of British citizens outweighed the public interest in pursuing an investigation into allegations of corruption, the Director of the Serious Fraud Office had been entitled to exercise his discretion to discontinue the corruption investigation following threats by a foreign state as to consequences affecting national security if he did not do so.”

The Times, 31st July 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.

Ministers accused of retreat on role of attorney general – The Guardian

“Gordon Brown’s plans for constitutional reforms to make the government more accountable to parliament and the public have been turned into a ‘ragbag of retreats’ by the justice secretary, Jack Straw, according to a dissenting report by a minority on a cross-party group of MPs and peers.”

Full story

The Guardian, 31st July 2008

Source: www.guardian.co.uk

Watchdog clears Google’s street cameras – The Guardian

“Google’s controversial Street View service – which will offer ground-level pictures of every UK street online -can finally be launched in Britain, after a privacy watchdog said it had no complaints about the service.”

Full story

The Guardian, 31st July 2008

Source: www.guardian.co.uk

Star Wars’ battle of the stormtroopers to be resolved – Daily Telegraph

“Star Wars’ battle of the stormtroopers will be resolved by a High Court judge who must decide whether a costume maker has the right to sell the soldier’s uniforms.”

Full story

Daily Telegraph, 31st July 2008

Source: www.telegraph.co.uk

Offenders ‘unpunished’ by courts – BBC News

“Defence solicitors in England and Wales have warned serious offenders are getting off lightly because police are chasing performance targets.”

Full story

BBC News, 31st July 2008

Source: www.bbc.co.uk

MPs tell internet firms to police ‘dark side’ of web – The Guardian

“The internet industry must take more responsibility for protecting young people from the ‘dark side’ of digital content relating to abuse, violence and suicide, according to a committee of MPs.”

Full story

The Guardian, 31st July 2008

Source: www.guardian.co.uk

Violent women: binge drinking culture fuels rise in attacks by women – Daily Telegraph

“The number of violent offences carried out by women has doubled in just five years, official figures show.”

Full story

Daily Telegraph, 31st July 2008

Source: www.telegraph.co.uk

Hacker vows to fight extradition – BBC News

“A Briton accused of hacking into top-secret military computers has vowed to fight extradition to stand trial in the US after losing a court appeal.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Illegal file-sharing: Government hits back at BPI over last-minute letter – The Guardian

“A hardline letter sent by the BPI at the 11th hour threatened to undermine a deal to tackle illegal file-sharing, prompting the government to express its displeasure of the music industry body in a terse response to record label executives.”

Full story

The Guardian, 31st July 2008

Source: www.guardian.co.uk

Restaurant tipping law to change – BBC News

“Employers are to be banned from using tips and service charges to ‘top up’ staff pay to meet the minimum wage, under government plans.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

UK judges reject proposals to bring in non-peer appraisals – Legal Week

“The UK’s top judges have backed away from proposals that would have seen them appraised by court users, despite strong support from senior City litigators.”

Full story

Legal Week, 31st July 2008

Source: www.legalweek.com

How is the recession hitting lawyers? – The Times

“Is the credit crunch going to crack open the legal business and hack back the ambitions and prospects of lawyers? “

Full story

The Times, 31st July 2008

Source: www.timesonline.co.uk

A boy can legally have two fathers, judge rules in landmark case – Daily Telegraph

“A five-year-old boy has been given two legal fathers in a landmark Court of Appeal ruling which declares there is ‘no limit’ to the number of parents a child can have.”

Full story

Daily Telegraph, 31st July 2008

Source: www.telegraph.co.uk

Government consults on web video regulation – OUT-LAW.com

“The Government has published plans on how it might regulate the video on demand industry. It has also said that it is reluctant to relax rules on product placement on television.”

Full story

OUT-LAW.com, 30th July 2008

Source: www.out-law.com

Karaoke singer faces fine for Whitney Houston renditions – Daily Telegraph

“A karaoke singer is facing a fine after breaking a noise abatement order by reciting hits such as ‘I Will Always Love You’ by Whitney Houston in her home.”

Full story

Daily Telegraph, 30th July 2008

Source: www.telegraph.co.uk

Judge says expert witnesses are rarely useful for trade mark disputes – OUT-LAW.com

“A judge has said that expert evidence in trade mark disputes is rarely likely to be relevant when it comes to deciding if a consumer will be confused by two supposedly similar marks.”

Full story

OUT-LAW.com, 30th July 2008

Source: www.out-law.com

Sham wedding powers ruled illegal – BBC News

“Law Lords have ruled the home secretary cannot use controversial powers to stop sham marriages as they discriminate against foreigners in the UK.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

House of Lords Judgments: What’s new?

Van Colle (administrator of the estate of GC (deceased)) and another (Original-Respondents and Cross-appellants) v Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent) Smith (Respondent) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 50 (30 July 2008)

Caldarelli (Appellant) v Court of Naples (Respondent) (Criminal Appeal from her Majesty’s High Court of Justice) [2008] UKHL 51 (30 July 2008)

R (on the application of M) (FC) (Respondent) v Slough Borough Council (Appellants) [2008] UKHL 52 (30 July 2008)

R (on the application of Baiai and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action (formerly R (on the application of Trzcinska and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action [2008] UKHL 53 (30 July 2008)

Maco Door and Windows Hardware (UK) Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) [2008] UKHL 54 (30 July 2008)

Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 (30 July 2008)

Gallagher (Valuation Officer) (Respondent) v Church of Jesus Christ of Latter-day saints (Appellants) [2008] UKHL 56 (30 July 2008)

Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UKHL 57 (30 July 2008)

R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UKHL 58 (30 July 2008)

McKinnon (Appellant) v Government of the United States of America (Respondents) and another [2008] UKHL 59 (30 July 2008)

R (on the application of Corner House Research and others) (Respondents) v Director of the Serious Fraud Office (Appellant) (Criminal Appeal from Her majesty’s High Court of Justice) [2008] UKHL 60 (30 July 2008)

Source: www.parliament.uk

HIV fire service man sues brigade – BBC News

“A fire service control room operator with HIV is suing Greater Manchester Fire and Rescue Service for disability discrimination over his condition.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Khyam & Ors,R v [2008] EWCA Crim 1612 (23 July 2008)

Court of Appeal (Civil Division)

Handi-Craft Company & Anor v B Free World Ltd & Ors [2008] EWCA Civ 868 (30 July 2008)

High Court (Chancery Division)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)

High Court (Queen’s Bench Division)

Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd v Mott MacDonald Ltd [2008] EWHC 1864 (TCC) (17 July 2008)

Source: www.bailii.org

Cole wins ‘beating’ claim pay-out – BBC News

“Former England and Manchester United star Andrew Cole has accepted substantial undisclosed damages over a newspaper’s claim he beat his wife.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

RSPCA: ‘Throwaway society’ blamed as animal cruelty convictions rise – The Guardian

“The number of people convicted of cruelty to animals rose by 24% last year, the RSPCA says today, as it blames ‘our throwaway society’ for making dogs, cats and horses helpless victims.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Police cleared over witness’s death – The Independent

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Hacker loses extradition appeal – BBC News

“A Briton accused of hacking into top secret military computers has lost a Law Lords appeal against being extradited to stand trial in the US.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Lords overturn Saudi probe ruling – BBC News

“The House of Lords has ruled that the Serious Fraud Office acted lawfully when it halted its investigation into a Saudi arms deal.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Daily Cause List, 30th July 2008

Wednesday 30th July 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

BBC fined £400,000 over phone-ins – BBC News

“The BBC has been fined £400,000 by media watchdog Ofcom for misleading its audiences by ‘faking’ phone-ins.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Tesco tax avoidance schemes can form part of libel case, judge rules – The Guardian

“Details of elaborate offshore corporation tax avoidance schemes operated by Tesco were yesterday allowed to be introduced into evidence in a libel case the supermarket chain is bringing against the Guardian.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) – WLR Daily

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) [2008] EWHC 1763 (QB); [2008] WLR (D) 264

“Sewage escaping from pipes maintained by a statutory undertaker was ‘controlled waste’ within the meaning of s 33 of the Environmental Protection Act 1990.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (C) v Secretary of State for Justice – WLR Daily

Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262

“The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children’s Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

JT (Cameroon) v Secretary of State for the Home Department – WLR Daily

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mosley v News Group Newspapers Ltd – Times Law Reports

Mosley v News Group Newspapers Ltd

Queen’s Bench Division

“It was not for the media to expose sexual conduct between consenting adults which did not involve any significant breach of the criminal law except where there was a countervailing public interest because at least one of the established limiting principles, such as victimisation or corruption of the young, came into play.”

The Times, 30th July 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.

Crime: Map shows domestic violence is everywhere – The Guardian

“Humberside police service recorded the highest number of women murdered by their partners, and the City of London police the lowest, in the past five years, according to a new map of murder rates across England and Wales published by the government’s Equalities Unit yesterday.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Ruling due in witness murder case – BBC News

“Law Lords are expected to rule later on whether a police force breached the human rights of a witness who was murdered before he could give evidence.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Legal Opinion: Privacy on parade in Fleet Street and the law courts – The Independent

“Our shy and retiring privacy law is rarely out of the media spotlight. The media lawyer Amber Melville-Brown suggests why we should be grateful that it exists.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Single-minded pursuit – The Guardian

“Government guidance on cohesion is thought to have spurred some councils to stop funding black and minority ethnic charities. But now a high court victory could force a serious rethink. Saba Salman reports.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Sikh teenager Sarika Watkins-Singh wins right to wear bangle – The Times

“A Sikh teenager won a legal battle yesterday over her right to wear a bangle that she holds central to her faith.”

Full story

The Times, 30th July 2008

Source: www.timesonline.co.uk

Plans for computer games classifications Q&A – The Guardian

“Where do the plans for new rules come from? Earlier this year, Tanya Byron, a psychologist advising the Government, said that video game ratings should to be overhauled to make them easier for parents and children to understand.”

Full story

Daily Telegraph, 30th July 2008

Source: www.telegraph.co.uk

Ruling due on hacker extradition – BBC News

“The Law Lords are due to decide whether a Briton accused of hacking into top secret military computers should be extradited to the US to stand trial.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Curse of the DNA register – The Independent

“A generation of young Britons is being criminalised for life by the relentless expansion of the national DNA database, ministers are warned today.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Max Mosley case: are judges strangling the freedom of the press by stealth? – The Times

“A ‘dangerous’ precedent of which the victim is public morality; a ruling that trivialises ‘unspeakable and indecent behaviour’ that is ‘depraved, brutal and repugnant’, thundered Lord Carey, the former Archbishop of Canterbury, this week.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

A huge job for the boys – The Guardian

“The minister for police, security and community safety tells Julie Bindel how he wants men to take a more responsible attitude towards domestic and sexual violence against women – and to spread the word to others.”

Full story

The Guardian, 29th July 2008

Source: www.guardian.co.uk

SAS troops may be named at inquests after new ruling – Daily Telegraph

“Special Forces soldiers who die in action could be named in inquests after a coroner overturned a ruling to allow the identification of two dead troops.”

Full story

Daily Telegraph, 29th July 2008

Source: www.telegraph.co.uk