Recent Statutory Instruments – OPSI

The Commons Registration (England) Regulations 2008

The Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008

The Tractor etc (EC Type-Approval) (Amendment) Regulations 2008

The Crossrail (Nomination) Order 2008

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2008

The Legal Officers (Annual Fees) Order 2008

The Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008

The Payments to the Churches Conservation Trust Order 2008

Source: www.opsi.gov.uk

UBS wins injunction to stop ex-staff poaching clients – The Times

“UBS today won the first stage of a legal fight to stop former employees from poaching its investment clients or the bank’s staff.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Judge Graham Cottle advocates zero tolerance on drunken criminals – Daily Telegraph

“One of the country’s most experienced judges has said he is taking a near ‘zero tolerance’ approach to Britain’s binge drinking culture, warning that he is locking up first offenders involved in drunken criminality.”

Full story

Daily Telegraph, 4th August 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

The Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008

The London Waste and Recycling Board Order 2008

The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008

The Greater London Authority Act 2007 (Commencement No.5) Order 2008

The Designation of Rural Primary Schools (England) Order 2008

The Crossrail (Qualifying Authorities) Order 2008

Source: www.opsi.gov.uk

Rapist and lottery winner Iorworth Hoare in legal bid for his money – Daily Telegraph

“Iorworth Hoare, the convicted rapist who won £7.2 million on the lottery, is fighting for full access to his money so that he can emigrate to France, it has been reported.”

Full story

Daily Telegraph, 4th August 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Laku, R v [2008] EWCA Crim 1745 (16 July 2008)

Wilson, R v [2008] EWCA Crim 1754 (15 July 2008)

Sivaraman, R. v [2008] EWCA Crim 1736 (24 July 2008)

Islam, R v [2008] EWCA Crim 1740 (31 July 2008)

Court of Appeal (Civil Division)

Perry & Anor v Harris (A Minor) [2008] EWCA Civ 907 (31 July 2008)

Jirehouse Capital & Anor v Beller & Anor [2008] EWCA Civ 908 (30 July 2008)

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 (31 July 2008)

XY (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 911 (31 July 2008)

Field v British Coal Corporation [2008] EWCA Civ 912 (31 July 2008)

Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) [2008] EWCA Civ 930 (31 July 2008)

Greenweb Ltd v London Borough of Wandsworth [2008] EWCA Civ 910 (31 July 2008)

High Court (Queen’s Bench Division)

Roberts v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1934 (QB) (01 August 2008)

Kulkarni v Milton Keynes Hospital NHS Trust [2008] EWHC 1861 (QB) (01 August 2008)

Ul-Haq & Ors v Shah [2008] EWHC 1896 (QB) (31 July 2008)

Berezovsky v Russian Television & Radio Broadcasting Company & Anor [2008] EWHC 1918 (QB) (31 July 2008)

High Court (Chancery Division)

Lucasfilm Ltd & Ors v Ainsworth & Anor [2008] EWHC 1878 (Ch) (31 July 2008)

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services Plc [2008] EWHC 1897 (Ch) (31 July 2008)

Prudential Plc v HM Revenue & Customs [2008] EWHC 1839 (Ch) (31 July 2008)

High Court (Family Division)

SW v SW & Anor [2008] EWHC 1890 (Fam) (31 July 2008)

Z County Council v TS & Ors [2008] EWHC 1773 (Fam) (25 July 2008)

High Court (Administrative Division)

AV & AU v Secretary of State for the Home Department [2008] EWHC 1895 (Admin) (31 July 2008)

High Court (Technology and Construction Court)

Nicolle & Anor v Saunders Morgan Harris Ltd [2008] EWHC 1518 (TCC) (02 July 2008)

High Court (Commercial Court)

Seagate Shipping Ltd v Glencore International AG [2008] EWHC 1904 (Comm) (31 July 2008)

High Court (Patents Court)

Re Council Regulation (EEC) No 1768/92 [2008] EWHC 1902 (Pat) (31 July 2008)

Eli Lilly & Company v Human Genome Sciences Inc [2008] EWHC 1903 (Pat) (31 July 2008)

Source: www.bailii.org

Magistrates’ Court Sentencing Guidelines – knife crime – Sentencing Guidelines Council

“The Sentencing Guidelines Council published the definitive guidelines (in May 2008) which are implemented from 4th August 2008. Significant attention has been paid to the guideline for sentencing adult offenders convicted of possessing a bladed article or offensive weapon ahead of it coming into effect as a result of the current focus on violent crimes involving knives.

The attached note sets out the effect of the guideline, which is not limited to knives, and the recent Court of Appeal decision in Povey [2008] EWCA Crim 1261 which recommended that the guideline be applied in a particular way given current prevalence concerns. Further notification will follow when courts should revert to the approach in the guideline as published.”

Magistrates’ Court Sentencing Guidelines – knife crime (PDF)

Sentencing Guidelines Council, 4th August 2008

Source: www.sentencing-guidelines.gov.uk

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police – WLR Daily

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284

“The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

WLR Daily, 31st 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.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 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.

Irwin Mitchell v Revenue and Customs Prosecutions and another – WLR Daily

Irwin Mitchell v Revenue and Customs Prosecutions and another [2008] EWCA Crim 1741; [2008] WLR (D) 282

“The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. “

WLR Daily, 1st August 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.

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners [2008] UKHL 54; [2008] WLR (D) 281

“The expenditure on a warehouse building which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building and therefore did not qualify as a capital allowance under s 18 of the Capital Allowances Act 1990.”

WLR Daily, 1st August 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.

Lifely v Lifely – WLR Daily

Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280

“Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted.”

WLR Daily, 1st August 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 (Heffernan) v Rent Service – WLR Daily

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 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.

Harris v Perry and another – WLR Daily

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

“It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st August 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.

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) – WLR Daily

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277

“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”

WLR Daily, 1st August 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.

Ewing v Director of Public Prosecutions – WLR Daily

Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276

“It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter.”

WLR Daily, 1st August 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.

Donaldson v O’Sullivan (Official Receiver intervening) – WLR Daily

Donaldson v O’Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275

“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors’ meeting should make such an appointment.”

WLR Daily, 1st August 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.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274

“Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”

WLR Daily, 1st August 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.

Smith v Chief Constable of Sussex Police – Times Law Reports

Smith v Chief Constable of Sussex Police

House of Lords

“Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them.”

The Times, 4th August 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.

Peers strike new blow against 42-day law – The Independent

“Proposed anti-terrorism laws to detain suspects for up to 42 days will be seriously undermined this week when senior peers condemn them as politicised and unconstitutional.”

Full story

The Independent, 3rd August 2008

Source: www.independent.co.uk

Is the law bleeding the NHS to death? – The Times

“Coming out of hospital with an injured finger could earn you £75,000. The NHS may have to cough up £9 billion in lawsuits. Is compensation culture killing our health service?”

Full story

The Times, 3rd August 2008

Source: www.timesonline.co.uk

Antigua murder: British government faces row over death penalty for shooting – Daily Telegraph

“The British government faces a potential diplomatic row with Antigua over the shooting of the honeymoon couple Catherine and Benjamin Mullany after demanding that anyone convicted of the crime will not face the death penalty.”

Full story

Daily Telegraph, 3rd August 2008

Source: www.telegraph.co.uk

Swan death case dropped – BBC News

“A case against three men accused of killing 29 swans has been dropped after evidence was lost at a police station.”

Full story

BBC News, 1st August 2008

Source: www.bbc.co.uk

Estate agent kills himself after sex harassment case – Daily Telegraph

“An estate agent has killed himself two weeks after being ordered to pay a former employee tens of thousands of pounds for sexual harassment.”

Full story

Daily Telegraph, 2nd August 2008

Source: www.telegraph.co.uk

Eddie Gilfoyle: judges’ error over suicide note gives husband hope of appeal – The Times

“A glaring error by judges in the case of a man accused of killing his wife by faking her suicide is to be used in a fresh attempt to clear his name.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Call for law on life support to meet wishes of organ donors – The Times

“The law should be clarified to make clear that removing organs for transplant may be in a donor’s ‘best interests’, the new National Clinical Director for Transplantation says.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Fingers pulled from bag in court – BBC News

“A woman caused uproar in court when she pulled two fingers from her handbag claiming they had belonged to one of her six children.”

Full story

BBC News, 1st August 2008

Source: www.bbc.co.uk

Jack Straw failed to intervene on ’soft’ knife sentences – Daily Telegraph

“The Sentencing Guildelines Council, headed by senior judges, was forced to introduce tougher sentences in response to the public outcry over the recent spate of fatal stabbings.”

Full story

Daily Telegraph, 3rd August 2008

Source: www.telegraph.co.uk

Vulnerable children failed by notification scheme and ‘private fostering’ – The Times

“Thousands of young children are at risk of neglect or abuse because the system set up to protect them in the wake of the death of Victoria Climbié is failing.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

MI5 misled MPs over Briton’s secret rendition, court told – The Guardian

“MI5 misled MPs about what it knew of the whereabouts of Binyam Mohamed, a British resident who says he was tortured before being secretly rendered to Guantánamo Bay, the high court was told yesterday.”

Full story

The Guardian, 2nd August 2008

Source: www.guardian.co.uk

Barry George, the man cleared of Jill Dando’s murder, may sue over photo – The Times

“Barry George, who was cleared last week of murdering the Crimewatch presenter Jill Dando, is considering legal action over the picture of a masked gunman that police claim is him.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Agents ‘breaking home pack law’ – BBC News

“Some estate agents in England and Wales are breaking the law by marketing properties without ordering a Home Information Pack, the BBC has learned.”

Full story

BBC News, 2nd August 2008

Source: www.bbc.co.uk

UK police win extradition over Salford gangland hit – The Guardian

“One of Britain’s most wanted men will be extradited to the UK this week after being arrested in Benidorm, southern Spain. Bobby Spiers will be interviewed by Manchester police in connection with a bungled underworld hit in a Salford pub that left two men dead.”

Full story

The Guardian, 3rd August 2008

Source: www.guardian.co.uk

Q&A: Barry George and compensation – BBC News

“Speculation is mounting about how much compensation Barry George could receive if he decides to make a claim to the Miscarriages of Justice Support Service.”

Full story

BBC News, 2nd August 2008

Source: www.bbc.co.uk

US ‘held suspects on British territory in 2006′ – The Guardian

“Terrorist suspects were held by the United States on the British territory of Diego Garcia as recently as 2006, according to senior intelligence sources. The claims, which undermine Foreign Office denials that the archipelago in the Indian Ocean has been used as a so-called ‘black site’ to facilitate extraordinary rendition, threaten to cause a diplomatic incident.”

Full story

The Guardian, 3rd August 2008

Source: www.guardian.co.uk

‘Publicity distorted’ Dando case – BBC News

“The barrister for Barry George, cleared of killing presenter Jill Dando, has warned that huge publicity can distort investigations into high-profile cases.”

Full story

BBC News, 2nd August 2008

Source: www.bbc.co.uk

Barry George: loner cleared of JIll Dando killing set for £1m award – The Times

“Barry George is free to seek more than £1 million compensation as the victim of a miscarriage of justice after being cleared yesterday of the murder of the Crimewatch presenter Jill Dando. “

Full story

The Times, 2nd August 2008

Source: www.timesonline.co.uk