Archive for December, 2009

Christmas Break

 There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 1pm on 21st December. We will resume posting on 4th January 2010.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Papas Olio JSC v Grains & Fourrages SA & Anor [2009] EWCA Civ 1401 (18 December 2009)

Land Securities Plc & Ors v Fladgate Fielder (A Firm) [2009] EWCA Civ 1402 (18 December 2009)

Perrett, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWCA Civ 1365 (18 December 2009)

P, R (on the application of) v HM Coroner for the District of Avon [2009] EWCA Civ 1367 (18 December 2009)

Court of Appeal (Criminal Division)

Badza v R [2009] EWCA Crim 1363 (15 December 2009)

Round & Anor v R [2009] EWCA Crim 2667 (16 December 2009)

Evans, R v [2009] EWCA Crim 2668 (16 December 2009)

Appleby, R v [2009] EWCA Crim 2693 (18 December 2009)

High Court (Administrative Court)

Johnson, R (on the application of) v Secretary of State for Justice [2009] EWHC 3336 (Admin) (18 December 2009)

High Court (Chancery Division)

Amin & Anor v Amin & Ors [2009] EWHC 3356 (Ch) (18 December 2009)

Mills & Ors v HSBC Trustee (C.I) Ltd & Ors> [2009] EWHC 3377 (Ch) (18 December 2009)

Cinnamon European Structured Credit Master Fund v Banco Commercial Portugues SA [2009] EWHC 3381 (Ch) (18 December 2009)

High Court (Commercial Court)

AS Klaveness Chartering v Pioneer Freight Futures Co Ltd & Anor [2009] EWHC 3386 (Comm) (18 December 2009)

Lantic Sugar Ltd & Anor v Baffin Investments Ltd [2009] EWHC 3325 (Comm) (18 December 2009)

Double K Oil Products 1996 Ltd v Neste Oil Oyj [2009] EWHC 3380 (Comm) (18 December 2009)

High Court (Family Division)

Salford City Council v BJ [2009] EWHC 3310 (Fam) (11 December 2009)

High Court (Queen’s Bench Division)

Sklair v Haycock [2009] EWHC 3328 (QB) (16 December 2009)

Accident Exchange Ltd v Autofocus Ltd [2009] EWHC 3304 (QB) (16 December 2009)

Nayyar & Ors v Sapte & Anor [2009] EWHC 3218 (QB) (16 December 2009)

Howe v Houlton & Ors [2009] EWHC 3344 (QB) (18 December 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Designation of Schools having a Religious Character (England) Order 2009

The Biofuel (Labelling) (Amendment) Regulations 2009

The Community Legal Service (Financial) (Amendment No. 3) Regulations 2009

The Accounts and Audit (Amendment No. 2) (England) Regulations 2009

The Climate Change Levy (Solid Fuel) (Revocation) Regulations 2009

The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2009

The Blood Safety and Quality (Modification) Regulations 2009

www.opsi.gov.uk

Legal aid: reforming advocates graduated fees – Ministry of Justice

“This consultation paper sets out proposals to bring the rates paid to advocates for defence work more in line with the rates paid by the Crown Prosecution Service. We are aiming to save £50m from advocates fees in order to contribute towards overall efficiency savings.”

Full consultation paper

Ministry of Justice, 16th December 2009

Source: www.justice.gov.uk

Office of the Public Guardian: Amendments to secondary legislation – Ministry of Justice

“This consultation paper represents the next step in the review process of the Mental Capacity Act 2005 and addresses areas of legislation and policy that in practice have not worked as well as intended.”

Full consultation paper

Ministry of Justice, 17th December 2009

Source: www.justice.gov.uk

Third Parties (Rights Against Insurers) Bill – Ministry of Justice

“This Bill implements Law Commission and Scottish Law Commission recommendations about the rights of a third party to claim directly against an insurer.”

Full press release

Ministry of Justice, 18th December 2009

Source: www.justice.gov.uk

Legal aid funding reforms – Ministry of Justice

“The Ministry of Justice has today published a set of reforms that aim to rebalance the legal aid budget to ensure that the £2.1 billion currently spent every year goes as far as possible in favour of civil help for those who need it most.”

Full press release

Ministry of Justice, 16th December 2009

Source: www.justice.gov.uk

Independent panel to oversee Hillsborough disclosure – Home Office

“The Home Secretary has announced the creation of an independent panel, which will be responsible for overseeing the release of documents related to the 1989 Hillsborough football disaster.”

Full press release

Home Office, 15th December 2009

Source: www.homeoffice.gov.uk

Changes to UK Border Agency policy on judicial reviews – UK Border Agency

“The UK Border Agency is changing the way it manages judicial review challenges from those being removed from the UK.”

Full press release

UK Border Agency, 18th December 2009

Source: www.ukba.homeoffice.gov.uk

Attorney General welcomes ‘one punch’ legal changes and sentence increases – Attorney General’s Office

“Sentences for manslaughter deaths will be dealt with differently in future, the Attorney General, Baroness Scotland QC, said today, following a landmark judgement at the Court of Appeal in London which will give new guidance in cases of manslaughter where death was a result of unlawful violence.”

Full press release

Attorney General’s Office, 18th December 2009

Source: www.attorneygeneral.gov.uk

All change? Or not? Seminars in Your Area – The Bar Council

“The Bar Standards Board made an historic announcement on 20 November 2009, signalling change. How will the Bar now maintain its unique attributes? What does the public interest demand? Seminars are being held in conjunction with each Circuit of England and Wales.”

Full press release

The Bar Council, 18th December 2009

Source: www.barcouncil.org.uk

‘One-punch’ killers to get longer jail sentences – The Times

“Hefty jail terms are to be imposed when people die after a violent punch to the head, after a landmark ruling by a rare five-strong panel of senior judges yesterday.”

Full story

The Times, 19th December 2009

Source: www.timesonline.co.uk

Macclesfield man jailed for driving wrong way drunk – BBC News

“A man, 44, who drove six miles the wrong way along a dual carriageway has been jailed for eight months and banned from driving for three years.”

Full story

BBC News, 19th December 2009

Source: www.bbc.co.uk

Rapist jailed for attacking girl – BBC News

“A 39-year-old man who raped a 17-year-old girl in Milton Keynes has been jailed for at least seven years.”

Full story

BBC News, 20th December 2009

Source: www.bbc.co.uk

Ministers in U-turn over torture documents for Guantanamo Briton – The Independent

“Ministers have agreed to the release of secret documents that could prove MI5 agents were present during the torture of a British resident held by the US government for eight years.”

Full story

The Independent, 21st December 2009

Source: www.independent.co.uk

Names of innocent people will stay on police database – The Guardian

“The names of nearly a million people who have not been convicted or cautioned for any crime will continue to be stored on the police national computer, even though the government is changing the law so that their DNA profiles are deleted.”

Full story

The Observer, 20th December 2009

Source: http://observer.guardian.co.uk/

Takeover bid by Sports Direct ‘broke City rules’ – The Times

“Sports Direct, the retailer controlled by Mike Ashley, has been reported to the Financial Services Authority (FSA) for allegedly breaking City rules in its attempt to buy a smaller rival, The Times has learnt.”

Full story

The Times, 21st December 2009

Source: www.timesonline.co.uk

Government to pay £20m and apologise to victims of thalidomide – The Times

“The Government is set to pay millions of pounds to thalidomide victims and to apologise for their suffering.”

Full story

TheTimes, 21st December 2009

Source: www.timesonline.co.uk

Village People threaten lawsuit over Jamie Oliver advert – The Guardian

“It could make for an interesting scenario: a construction worker, a cowboy, a traffic cop, a Native American chief, a sailor, Jamie Oliver, a leather queen, some lawyers and a judge – together in court.”

Full story

The Guardian, 18th December 2009

Source: www.guardian.co.uk

UK libel law has gagged me, says leading Danish radiologist – The Guardian

“A leading medical scientist is refusing to speak in England about findings from his work because he fears being sued for libel. Henrik Thomsen, a Danish radiologist, has said the health of patients in England is being put at serious risk because he and other scientists are prevented from sharing their knowledge, due to what they see as an increasingly draconian atmosphere in London’s libel courts.”

Full story

The Guardian, 2oth December 2009

Source: www.guardian.co.uk

Former Humberside police officer jailed for sex attacks – BBC News

“A former police officer who was convicted of attempted rape and two sexual assaults has been jailed for five years.”

Full story

BBC News, 18th December 2009

Source: www.bbc.co.uk

Cotton v Secretary of State for Work and Pensions – WLR Daily

Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372

“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”

WLR Daily, 17th December 2009

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.

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others – WLR Daily

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others [2009] EWHC 3228 (Ch); [2009] WLR (D) 371

“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7’) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”

WLR Daily, 17th December 2009

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 v Round; Reginav Dunn – WLR Daily

Regina v Round; Reginav Dunn [2009] EWCA Crim 2667; [2009] WLR (D) 370

“It was not incumbent on sentencing judges to structure consecutive sentences differently from the ordinary manner of expressing their sentences in order to maximise the uncertain possibilities of home detention curfew.”

WLR Daily, 17th December 2009

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.

Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 2009

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.

In re S-B (Children) (Care proceedings: Standard of proof) – Times Law Reports

In re S-B (Children) (Care proceedings: Standard of proof)

Supreme Court

“When considering who caused injury to a child out of a pool of two or more potential perpetrators, the standard of proof was the civil standard of the balance of probabilities and that standard did not vary according the gravity of the injuries or conduct alleged.”

The Times, 18th December 2009

Source: www.timesonline.co.uk

Consolidated Fund Act 2000

Consolidated Fund Act 2009 published

Full text of Act

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Global Process Systems Inc & Anor v Berhad [2009] EWCA Civ 1398 (17 December 2009)

Boots Company Plc v HM Revenue & Customs [2009] EWCA Civ 1396 (17 December 2009)

National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 (17 December 2009)

Cooper & Ors v Fanmailuk.Com Ltd & Anor [2009] EWCA Civ 1368 (17 December 2009)

High Court (Queen’s Bench Division)

Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)

Patel v Patel [2009] EWHC 3264 (QB) (10 December 2009)

High Court (Chancery Division)

Cattles Plc v Welcome Financial Services Ltd & Ors [2009] EWHC 3027 (Ch) (14 December 2009)

Court & Ors v Despallieres [2009] EWHC 3340 (Ch) (17 December 2009)

High Court (Administrative Division)

Harrison v Secretary of State for Communities and Local Government & Anor [2009] EWHC 3382 (Admin) (16 December 2009)

Birmingham City Council, R (on the application of) v Birmingham Crown Court [2009] EWHC 3329 (Admin) (17 December 2009)

High Court (Commercial Court)

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2009] EWHC 3318 (Comm) (17 December 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2009

The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2009

The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2009

The Welsh Health Specialised Services Committee (Wales) Regulations 2009

The Tax Credits (Excluded Companies) Regulations 2009

The Saving Gateway Accounts Act 2009 (Commencement No.1) Order 2009

The Real Estate Investment Trusts (Prescribed Arrangements) Regulations 2009

The Distributions (Excluded Companies) Regulations 2009

The Corporation Tax (Exclusion from Short-Term Loan Relationships) Regulations 2009

The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2009

The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010

The Welfare of Racing Greyhounds Regulations 2010

Source: www.opsi.gov.uk

Lawyers cash in on NHS negligence cases – Daily Telegraph

“One in five NHS negligence claims now results in lawyers picking up more in compensation than the patient they act for.”

Full story

Daily Telegraph, 18th December 2009

Source: www.telegraph.co.uk

Man guilty of attempting to have sex with rottweiler – The Independent

“A North Wales man was found guilty yesterday of attempting to have sex with a rottweiler.”

Full story

The Independent, 17th December 2009

Source: www.independent.co.uk

Evolution of quirks and loopholes has skewed legal system – The Times

“Laywers are quick to defend the practice of no-win, no-fee as the way that people without funds can get access to justice.”

Full story

The Times, 18th December 2009

Source: www.timesonline.co.uk

Expert claims file-sharing Bill could give Government control of the internet – OUT-LAW.com

“The Digital Economy Bill would give the Government the power to control the internet access of UK citizens by ministerial order, bypassing Parliament and without an adequate right of appeal, according to one legal expert.”

Full story

OUT-LAW.com, 17th December 2009

Source: www.out-law.com

British Airways strike blocked by court – BBC News

“A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.”

Full story

BBC News, 17th December 2009

Source: www.bbc.co.uk

Hunting ban legal challenge fails after court says it ‘doesn’t breach human rights’ – Daily Telegraph

“A legal challenge over the hunting ban has failed after a European court ruled that it did not infringe human rights.”

Full story

Daily Telegraph, 18th December 2009

Source: www.telegraph.co.uk

Trafigura accepts £25,000 damages from BBC over waste dumping allegations – The Times

“The oil-trading company Trafigura accepted £25,000 libel damages and an apology today over a BBC Newsnight claim that its actions had caused deaths, miscarriages, serious injuries and long-term sickness.”

Full story

The Times, 18th December 2009

Source: www.timesonline.co.uk

‘Honour’ case father guilty of killing Tulay Goren – BBC News

“A father has been found guilty of murdering his 15-year-old daughter in a so-called honour killing.”

Full story

BBC News, 17th December 2009

Source: www.bbc.co.uk

Law Society seeks judicial review over costs capping – Law Society’s Gazette

“The Law Society is set to seek a judicial review of the government’s move to drastically reduce the legal costs that defendants can reclaim if they are acquitted of a criminal offence.”

Full story

Law Society’s Gazette, 17th December 2009

Source: www.lawgazette.co.uk

Firework factory explosion death pair jailed – BBC News

“A father and son have been jailed for the manslaughter of two firemen killed in an explosion at a fireworks factory.”

Full story

BBC News, 16th December 2009

Source: www.bbc.co.uk

Judge ‘failed in public duty’ by refusing to jail teen knife criminal – Daily Telegraph

“A judge who gave a community punishment to a teenage girl for her part in a near-fatal stabbing ‘wholly failed’ in his public duty, London’s Court of Appeal has ruled.”

Full story

Daily Telegraph, 17th December 2009

Source: www.telegraph.co.uk

Crash death lorry driver jailed – BBC News

“A lorry driver who hit a line of queuing traffic on the M40 in Buckinghamshire, killing a mother-of-two, has been jailed.”

Full story

BBC News, 15th December 2009

Source: www.bbc.co.uk

Forced marriage law not being used enough – BBC News

“Laws introduced to stop forced marriages are not being used widely enough and social workers’ efforts to tackle the issue are also being hampered, according to experts.”

Full story

BBC News, 17th December 2009

Source: www.bbc.co.uk

R (E) v Governing Body of JFS and another (United Synagogue and others intervening) – WLR Daily

R (E) v Governing Body of JFS and another (United Synagogue and others intervening) [2009] UKSC 15; [2009] WLR (D) 366

“A Jewish school which, in the event of the school being oversubscribed, gave priority to children who were recognised as Jews according to the tenets of Orthodox Judaism, ie the children of mothers who were Jews by either birth or conversion, was operating a policy which discriminated on the grounds of ethnic origin and, therefore, constituted racial discrimination under s 1(1)(a) of the Race Relations Act 1976.”

WLR Daily, 16th December 2009

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.

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) – WLR Daily

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) [2009] UKSC 16; [2009] WLR (D) 367

“Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter the United Kingdom to join a sponsoring relative could be maintained without recourse to public funds.”

WLR Daily, 16th December 2009

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 (E) v Governing Body of JFS and Another, United Synagogue and Others intervening – Times Law Reports

Regina (E) v Governing Body of JFS and Another, United Synagogue and Others intervening

Supreme Court

“The admissions policy of a Jewish school which gave priority, in the event of oversubscription, to children who were recognised as Jews under the standard Orthodox test of matrilineal descent, someone whose mother was a Jew either by birth or conversion, was discriminatory on the ground of ethnic origin and was thus racial discrimination.”

The Times, 17th December 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

The Employment Rights (Revision of Limits) Order 2009

The European Communities (Designation) (No. 5) Order 2009

Source: http://www.opsi.gov.uk

European Court of Human Rights in ‘crisis’ – Law Society’s Gazette

“Europe’s foremost human rights court is in ‘crisis’, with a backlog of more than 120,000 cases waiting up to seven years to be heard, lawyers have warned.”

Full story

Law Society’s Gazette, 17th December 2009

Source: www.lawgazette.co.uk

Foreign Office backs down over Binyam Mohamed censorship – Daily Telegraph

“The Foreign Office has made a partial climbdown in its legal bid to suppress intelligence material relating to a British resident who claims he was tortured by American security services.”

Full story

Daily Telegraph, 17th December 2009

Source: www.telegraph.co.uk

National Ability SA v Tinna Oils & Chemicals Ltd – WLR Daily

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36

“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”

WLR Daily, 14th December 2009

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.

Wallis v Bristol Water Plc – WLR Daily

Wallis v Bristol Water Plc [2009] WLR (D) 362

“For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was ‘likely to cause contamination’ of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 the water undertaker had to show that there was a real possibility that the manner of connection of the water fitting would cause contamination.”

WLR Daily, 14th December 2009

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.

Pedro v Secretary of State for Work and Pensions – WLR Daily

Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358; [2009] WLR (D) 363

“A dependent family member of an EU national who retained worker status should be treated as living in Great Britain under the terms of art 2 of Council Directive 2004/38/EC (the Citizenship Directive) for the purpose of considering the dependent’s eligibility for a United Kingdom pension credit.”

WLR Daily, 15th December 2009

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.

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same – WLR Daily

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same [2009] EWCA Civ 1355; [2009] WLR (D) 36

“The rule embodied in the staff regulations made by the board of governors of the European Schools, limiting to nine years the period of employment of teachers seconded by the Department of Children, Schools and Families to work in the schools, did not meet the objective justification required by Council Directive 99/70/EC and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.”

WLR Daily, 15th December 2009

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.

In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

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 Times Ltd and Others v United Kingdom – Times Law Reports

Financial Times Ltd and Others v United Kingdom

European Court of Human Rights

“The public interest in the protection of journalists’ sources was sufficient to outweigh any threat of damage through future dissemination of a company’s confidential information or any possibility of obtaining damages for past breaches of confidence, even if considered cumulatively.”

The Times, 16th December 2009

Source: www.timesonline.co.uk

Axa Insurance Ltd v Akhter & Darby and Others – Times Law Reports

Axa Insurance Ltd v Akhter & Darby and Others

Court of Appeal

“An insurer’s cause of action for negligent advice by insured solicitors accrued when after-the-event insurance cover, creating contingent liability, had been issued to defendant solicitors to protect costs and expenses of litigants to bring actions and not when the litigants’ claims failed thereby causing financial loss to the insurer.”

The Times, 15th December 2009

Source: www.timesonline.co.uk


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