Archive for July 29th, 2008

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

Molseed killer is refused appeal – BBC News

“A man who murdered a schoolgirl and dumped her body on the Yorkshire moors 30 years ago has been told he cannot appeal against his conviction.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Cantrell v Wycombe District Council [2008] EWCA Civ 866 (29 July 2008)

Bailey v The Ministry of Defence & Anor [2008] EWCA Civ 883 (29 July 2008)

Blyth Valley Borough Council v Persimmon Homes (North East) Ltd & Ors [2008] EWCA Civ 861 (29 July 2008)

Redcar & Cleveland Borough Council v Bainbridge & Ors (“Bainbridge 1”) [2008] EWCA Civ 885 (29 July 2008)

G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 (29 July 2008)

High Court (Administrative Division)

O, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1736 (Admin) (10 July 2008)

Taylor Wimpey UK, R (on the application of) v Secretary of State for Communities and Local Government [2008] EWHC 1738 (Admin) (09 July 2008)

Sedgefield Borough Council v Crowe [2008] EWHC 1814 (Admin) (08 July 2008)

YG, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1735 (Admin) (08 July 2008)

Ashby, R (on the application of) v Royal Pharmaceutical Society of Great Britain [2008] EWHC 1739 (Admin) (07 July 2008)

Watkins-Singh, R (on the application of) v The Governing Body of Aberdare Girls’ High School & Anor [2008] EWHC 1865 (Admin) (29 July 2008)

High Court (Commercial Court)

Underwriting Members of Lloyd’s Syndicate 980 & Ors v Sinco SA [2008] EWHC 1842 (Comm) (29 July 2008)

High Court (Technology and Construction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008

The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008

The Education and Inspections Act 2006 (Commencement No.7 and Transitional Provisions) Order 2008

The Crown Office Fees Order 2008

The Child Maintenance and Other Payments Act 2008 (Commencement No.2) Order 2008

The Land Registration (Amendment) Rules 2008

The Trade Marks (Fees) Rules 2008

The Community Trade Mark (Amendment) Regulations 2008

The Personal and Occupational Pension Schemes (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Women win landmark equal pay battle – The Times

“Tens of thousands of women working for local councils and health authorities won the right to higher wages today following a landmark Court of Appeal ruling on equal pay laws.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

Patient’s sex attack carer jailed – BBC News

“A care worker has been jailed for nine years for carrying out a ‘vicious’ sex attack on an elderly patient at a nursing home.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk

Sarika Watkins-Singh wins right to wear bangle at school – The Times

“A Sikh girl who took her fight for the right to wear a religious bangle at school to the High Court has won a landmark claim for discrimination.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Noble, R. v [2008] EWCA Crim 1473 (24 June 2008)

Court of Appeal (Civil Division)

British Airways Plc v Grundy [2008] EWCA Civ 875 (28 July 2008)

ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWCA Civ 880 (28 July 2008)

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878 (28 July 2008)

High Court (Queen’s Bench Division)

Mason v Ministry of Justice [2008] EWHC 1787 (QB) (28 July 2008)

Thames Water Utilities Ltd, R (on the application of) v Water Services Regulation Authority [2008] EWHC 1763 (QB) (28 July 2008)

High Court (Chancery Division)

Daniels & Ors v Deville & Ors [2008] EWHC 1810 (Ch) (25 July 2008)

High Court (Administrative Division)

Lewis, R (on the application of) v Persimmon Homes Plc [2008] EWHC 1813 (Admin) (18 July 2008)

Securiplan Plc & Ors, R (on the application of) v Security Industry Authority & Anor [2008] EWHC 1762 (Admin) (25 July 2008)

High Court (Commercial Court)

Orascom Telecom Holding SAE v Republic of Chad & Ors [2008] EWHC 1841 (Comm) (28 July 2008)

Berghoff Trading Ltd & Ors v Swinbrook Developments Ltd & Ors [2008] EWHC 1785 (Comm) (28 July 2008)

High Court (Technology and Construction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

Source: www.bailii.org

Daily Cause List, 29th July 2008

Tuesday 29th July 2008

Source: www.hmcourts-service.gov.uk

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

Murder, manslaughter and infanticide: proposals for reform of the law – Ministry of Justice

“The government has been conducting a review into the law on homicide. The first part of the review was conducted by the Law Commission. This paper now sets out the government proposals for reforms on:

  • partial defences to murder of diminished responsibility and provocation
  • the law on complicity in relation to homicide
  • infanticide”

Full story

Ministry of Justice, 29th July 2008

Source: www.justice.gov.uk

Related link: Murder, manslaughter and infanticide: proposals for reform of the law (PDF)

Mosley v News Group Newspapers Ltd – WLR Daily

Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB); [2008] WLR (D); [2008] WLR (D) 259

“Sado-masochistic behaviour, even where it involved adultery, was not a matter of genuine public interest justifying interference by the media in an individual’s private life. Exemplary damages were not available in a claim for infringement of privacy: a claim for compensatory damages could reflect an element of aggravation. Certain principles were applicable in the assessment of compensatory damages for infringement of privacy.”

WLR Daily, 28th 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.

Bocardo SA v Star Energy and another – WLR Daily

Bocardo SA v Star Energy and another [2008] EWHC 1756 (Ch); [2008] WLR (D); [2008] WLR (D) 258

“Access to land to remove oil vested in the Crown from beneath the subsoil, without obtaining access rights from the owner of the land, amounted to an actionable trespass entitling the landowner to compensation, which was to be assessed on the basis of what would be fair and reasonable between willing parties.”

WLR Daily, 28th 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.

Newport City Council v Charles – Times Law Reports

Newport City Council v Charles

Court of Appeal

“A fixture need not be vacated when the Civil Appeals Listing Office had failed to ascertain that leading counsel was prebooked for an appeal due to be heard in Cardiff.”

The Times, 29th 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.

Coleman v Attridge Law (a Firm) and Another Case C-303/06 – Times Law Reports

Coleman v Attridge Law (a Firm) and Another Case C-303/06

Court of Justice of the European Communities

“The prohibition of direct discrimination against and harassment of disabled people in employment, provided for in the Community disability directive, was not limited to employees who were themselves disabled but extended to unequal treatment and harassment of a non-disabled employee for reasons connected with the disability of his child.”

The Times, 29th 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.

Decision expected in bangle case – BBC News

“A teenager is due to find out later whether she has succeeded in her fight to wear a religious bangle at school.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk

Justice Cranston rules himself out of foxhunting case – The Times

“A High Court judge ruled himself out of a case involving hunting yesterday after it emerged that he had spoken out against the sport’s ‘barbarity’ and voted for a ban when he was an MP.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

Dyslexic student’s exams battle – BBC News

“A medical student with dyslexia is to take legal action in a bid to prevent the use of multiple choice exams as part of doctors’ training.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk

Couple win £5,000 for lesbian house advert – Daily Telegraph

“A lesbian couple who were publicly outed in a web advert by their estate agents have won £5,000 in compensation.”

Full story

Daily Telegraph, 28th July 2008

Source: www.telegraph.co.uk

Child rapist jailed for 10 years – BBC News

“A former immigration officer from Kent has been jailed for 10 years after admitting 17 sex offences including the rape of a girl under the age of 13.”

Full story

BBC News, 28th July 2008

Source: www.bbc.co.uk

Murder law shake-up ends ‘crime of passion’ – The Times

“The traditional crime of passion is to be swept away in the most radical overhaul of the murder laws in 50 years.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk


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