Archive for January, 2010

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BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Wilkinson, R v [2009] EWCA Crim 2733 (11 December 2009)

Josephs, R v [2009] EWCA Crim 2800 (17 December 2009)

Sheppard & Anor, R v [2010] EWCA Crim 65 (29 January 2010)

C & Anor, R. v [2010] EWCA Crim 72 (29 January 2010)

Court of Appeal (Civil Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2010] EWCA Civ 28 (29 January 2010)

Parkwood Leisure Ltd v Mark Alemo-Herron & 23 Ors [2010] EWCA Civ 24 (29 January 2010)

Welwyn Hatfield Council v Secretary of State for Communities and Local Government & Anor [2010] EWCA Civ 26 (29 January 2010)

High Court (Queen’s Bench Division)

LNS v Persons Unknown [2010] EWHC 119 (QB) (29 January 2010)

High Court (Chancery Division)

Nahome & Ors v Last Cawthra Feather Solicitors [2010] EWHC 76 (Ch) (29 January 2010)

Seymour Road (Southampton) Ltd v Williams & Ors [2010] EWHC 111 (Ch) (29 January 2010)

Webb v MacDonald & Anor [2010] EWHC 93 (Ch) (29 January 2010)

High Court (Administrative Division)

Allan v South Tyneside Law Courts [2010] EWHC 107 (Admin) (12 January 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Criminal Procedure Rules 2010

The Football Spectators (2010 World Cup Control Period) Order 2010

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010

The Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2010

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010

The Export Control (Iran) (Amendment) Order 2010

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

The Criminal Defence Service (Information Requests) (Amendment) Regulations 2010

The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010

The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2010

The Preserved Counties of Powys and Mid Glamorgan (Changes in Area) Order 2010

Source: www.opsi.gov.uk

15-year-old locked away after kicking homeless man to death – Daily Telegraph

“A 15-year-old boy who kicked a homeless man to death in an alcohol-fuelled act of ‘random violence’ has been locked up for four years.”

Full story

Daily Telegraph, 30th January 2010

Source: www.telegraph.co.uk

Ex-carer jailed over child abduction – The Independent

“A former foster carer who hid a vulnerable boy in a hollowed-out washing machine so he could evade police was jailed for 33 months today after being found guilty of child abduction.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

Couple who deceived planners win right to stay in Potters Bar barn – The Times

“A property developer who built a £500,000 home disguised as a barn in the green belt has won his appeal against eviction.”

Full story

The Times, 30th January 2010

Source: www.timesonline.co.uk

Family wins £100,000 for detention ordeal – The Guardian

“A refugee has won a settlement of £100,000 from the Home Office after it admitted falsely imprisoning her and her children at an immigration detention centre.”

Full story

The Guardian, 29th January 2010

Source: www.guardian.co.uk

High court overturns superinjunction granted to England captain John Terry – The Guardian

“England captain John Terry emerged as the footballer who had obtained a gagging order preventing the publication of claims about his private life, after the high court overturned a superinjunction yesterday.”

Full story

The Guardian, 30th January 2010

Source: www.guardian.co.uk

‘Bad mood’ killer jailed for life for Aylesbury attack – BBC News

“A man who stabbed a woman to death as she walked her dog because he was feeling ‘very angry’ has been jailed for life.”

Full story

BBC News, 29th January 2010

Source: www.bbc.co.uk

Drink-driver who killed pedestrians jailed – The Independent

“A drink-driver who killed two pedestrians and left a 12-year-old girl brain damaged after his car mounted a pavement was jailed for 10 years today.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

Consultations open on Equality Bill codes of practice – OUT-LAW.com

“The Equality and Human Rights Commission (EHRC) has begun its consultation process on proposed codes of practice relating to new planned equality legislation.”

Full story

OUT-LAW.com, 29th January 2010

Source: www.out-law.com

G20 group begin compensation battle after charges dropped – The Independent

“A gang of G20 protesters launched a battle for compensation against Scotland Yard today after prosecutors dropped charges against them.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Boughtwood v Oak Investment Partners XII, Ltd [2010] EWCA Civ 23 (28 January 2010)

Bradford (Valuation Officer) v Vtesse Networks Ltd [2010] EWCA Civ 16 (28 January 2010)

S-C (Children) [2010] EWCA Civ 21 (28 January 2010)

High Court (Chancery Division)

The Royal Bank of Scotland Plc v Chandra & Anor [2010] EWHC 105 (Ch) (28 January 2010)

High Court (Administrative Court)

Huitson, R (on the application of) v Revenue and Customs [2010] EWHC 97 (Admin) (28 January 2010)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2010] EWHC 90 (Comm) (28 January 2010)

Sawiris & Ors v Marwan [2010] EWHC 89 (Comm) (28 January 2010)

Fortis Bank SA & Anor v Indian Overseas Bank [2010] EWHC 84 (Comm) (28 January 2010)

High Court (Technology and Construction Court)

Fitzroy Robinson Ltd v Mentmore Towers Ltd [2010] EWHC 98 (TCC) (26 January 2010)

Source: www.bailii.org

Internet racism pair lose appeal – BBC News

“Two men have lost their appeals against the UK’s first conviction for inciting racial hatred via a foreign website.”

Full story

BBC News, 29th January 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

The Children Act 2004 Information Database (England) (Amendment) Regulations 2010

The Charities (Disclosure of Revenue and Customs Information to the Charity Commission for Northern Ireland) Regulations 2010

The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2010

The Service Voters’ Registration Period Order 2010

The Damages-Based Agreements Regulations 2010

The East Harling Internal Drainage District (Alteration of Boundaries) Order 2009

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010

The Policing and Crime Act 2009 (Commencement No. 3) Order 2010

The Identity Cards Act 2006 (Commencement No. 7) Order 2010

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 13) Order 2010

The Crime and Disorder Act 1998 (Youth Conditional Cautions: Code of Practice) Order 2010

The Export Control (North Korea) (Amendment) Order 2010

Source: www.opsi.gov.uk

Law firm’s piracy hunt condemned – BBC News

“Music industry representative the BPI has criticised the approach used by a UK law firm in chasing file-sharers.”

Full story

BBC News, 29th January 2010

Source: www.bbc.co.uk

High Court gives green light for offshore tax clawback – The Times

“The taxman was given the green light to claw back millions from UK residents who put their money in tax-haven offshore trusts today, after the High Court rejected a challenge that claimed the measures would lead to destitution and marital breakdown.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

Sex assault head teacher David Thorley loses appeal – BBC News

“A Pembrokeshire head teacher convicted of nine counts of sexually assaulting girls in his care has lost an appeal against his conviction.”

Full story

BBC News, 28th January 2010

Source: www.bbc.co.uk

Record numbers of women held for violent crimes – The Independent

“Record numbers of women are being arrested for violent crimes, it was revealed today (28 January).”

Full story

The Independent, 28th January 2010

Source: www.independent.co.uk

Stalkers are criminals – not ‘incompetent suitors’ – The Guardian

“A man who harassed a woman for seven years has been jailed for just 16 weeks. Why is the law so slow to realise that stalking is a serious – and often violent – crime?”

Full story

The Guardian, 29th January 2010

Source: www.guardian.co.uk

Victims of rogue car clampers to get compensation – Daily Telegraph

“Motorists who fall victim to rogue clampers will be entitled to claim compensation, under new powers brought in by the Government.”

Full story

Daily Telegraph, 29th January 2010

Source: www.telegraph.co.uk

BNP given last chance to make equality change to constitution – The Guardian

“The British National party was warned tonight (28 January) that it had one last chance to scrap its constitution or face legal action under equality laws.”

Full story

The Guardian, 28th January 2010

Source: www.guardian.co.uk

Police given more powers on under-age drinking – The Independent

“New powers aimed at making it easier for police to crack down on under-age drinkers came into force today.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

Bhamra v Dubb – WLR Daily

Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10

“A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. Such a conclusion was justified on the basis of well established principles of proximity, and after invoking CPR r 52.11(4) to enable the Court of Appeal to draw such inferences as were justified on the evidence where the judge below had not made a critical finding of fact.”

WLR Daily, 28th January 2010

Source: www.lawreports.co.uk

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

Same v al-Ghabra; Regina (Youssef) v HM Treasury – Times Law Reports

Same v al-Ghabra; Regina (Youssef) v HM Treasury

Supreme Court

“The Treasury exceeded its powers by authorising, in on the test of reasonable suspicion alone, a major inroad into the rights of individuals to dispose of their assets as they chose and to live free of executive interference. The Terrorism (United Nations Measures) Order (SI 2006 No 2657) was accordingly to be quashed.”

The Times, 29th January 2010

Source: www.timesonline.co.uk

In re Guardian and Media News Ltd and Others – Times Law Reports

In re Guardian and Media News Ltd and Others

Supreme Court

“Where individuals challenged anti-terrorism asset-freezing orders, the general public interest in publishing a report of the proceedings in which they were named justified curtailing their rights to private life.”

The Times, 28th January 2010

Source: www.timesonline.co.uk

Guardian Daily: Assisted suicide and the law – The Guardian

“Earlier this month, Frances Inglis was jailed for nine years for murder after injecting her brain-damaged son Thomas, 22, with a lethal dose of heroin. Just days later, Kay Gilderdale pleaded guilty to assisting suicide but was acquitted of murdering her daughter Lynn, 31, an ME sufferer whom she’d given morphine. Legal affairs correspondent Afua Hirsch explains the difference between these two cases.”

Podcast

The Guardian, 29th January 2010

Source: www.guardian.co.uk

New pilot to increase sustainability and efficiency of law centres – Ministry of Justice

“Legal Aid Minister, Willy Bach has strengthened the government’s commitment to ensuring a sustainable future for social welfare law.”

Full story

Ministry of Justice, 28th January 2010

Source: www.justice.gov.uk

Information Commissioner has the power, but not the resources – The Times

“There are few organisations beyond the reach of the Information Commissioner, and Christopher Graham, the fourth holder of the role, faces a daunting set of responsibilities.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

BSkyB ruling will not transform IT procurement, says expert – OUT-LAW.com

“IT companies will not have to conduct a total overhaul of their sales processes in the aftermath of a long-awaited court ruling this week, a technology law expert has said. The ruling focused on the dishonesty of one employee, not a whole company.”

Full story

OUT-LAW.com, 28th January 2010

Source: www.out-law.com

MMR doctor ‘failed to act in interests of children’ – The Guardian

“Dr Andrew Wakefield, the expert at the centre of the MMR controversy, ‘failed in his duties as a responsible consultant’ and showed a ‘callous disregard’ for the suffering of children involved in his research, the General Medical Council (GMC) has ruled.”

Full story

The Guardian, 28th January 2010

Source: www.guardian.co.uk

Britain ‘complicit in mistreatment and possible torture’ says UN – The Guardian

“United Nations human rights investigators have concluded that the British government has been complicit in the mistreatment and possible torture of several of its own citizens during the ‘war on terror’.”

Full story

The Guardian, 27th January 2010

Source: www.guardian.co.uk

Trial of teenager accused of hate campaign ends as witness collapses – The Times

“A teenager who branded Francecca Hardwick, the disabled girl found dead with her mother in a burnt-out car, a ‘freak’ who ‘deserved what she got’, walked free from court yesterday.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

Combined fund to support victims of sexual violence – Ministry of Justice

“Government funding for voluntary agencies that provide support to victims of sexual violence will be streamlined with the establishment of a one-year combined fund for 2010/11.”

Full story

Ministry of Justice, 27th January 2010

Source: www.justice.gov.uk

Supreme Court strikes down terror suspects’ anonymity orders – The Times

“It was one of the first cases to be heard by the new transparent Supreme Court — and it was shrouded in secrecy. But yesterday the justices struck a blow for openness, in line with its much-vaunted visibility as the UK’s highest court.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

MMR scare doctor to be given verdict on research – BBC News

“The doctor who first suggested the link between MMR vaccinations and autism is to hear whether he is guilty of unethical research practices.”

Full story

BBC News, 28th January 2010

Source: www.bbc.co.uk

UK authorities’ inability to seize counterfeits results in EU court referral – OUT-LAW.com

“The Court of Appeals has asked Europe’s highest court to rule on whether UK authorities can seize counterfeit goods passing through the UK and allow brand owners to take legal action against the companies behind the fakes.”

Full story

OUT-LAW.com, 27th January 2010

Source: www.out-law.com

Lawcast164: The legal basis for the Iraq War and Lord Goldsmith’s opinion with Carl Gardner – Charon QC

“Today I am talking to Carl Gardner, a former government lawyer in Tony Blair’s administration and author of the Head of Legal blog, about the legality of the War in Iraq.”

Podcast

Charon QC, 27th January 2010

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

‘Criminal barristers feel that they have an economic gun to their heads’ – The Times

“Paul Mendelle, QC, is one of those barristers the public loves to hate. He defends the indefensible, those accused of rape, murder, unspeakable acts of cruelty. His last big case was acting for Baby P’s mother, Tracey Connelly.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

Jon Gaunt wins right to free speech challenge against media regulator – The Guardian

“The radio presenter Jon Gaunt won his battle today to take the media regulator Ofcom to a judicial review over a live interview in which he called a councillor a ‘Nazi’.”

Full story

The Guardian, 27th January 2010

Source: www.guardian.co.uk

Peers to be forced by law to pay taxes in the UK – or quit Parliament by Autumn – Daily Telegraph

“All peers will have to relinquish their ‘non-domiciled’ tax status and become UK taxpayers if they want to remain in Parliament, under a new Government law.”

Full story

Daily Telegraph, 27th January 2010

Source: www.telegraph.co.uk

Attorney-General to review Edlington torture boys ‘lenient’ sentence – The Times

“Two brothers who were jailed for brutally torturing two young boys are to have their sentences reconsidered, it was announced yesterday.”

Full story

The Times, 27th January 2010

Source: www.timesonline.co.uk

Sunday Times editor and Carter-Ruck partner on libel law reform panel – The Times

“The Sunday Times editor John Witherow and a partner from the law firm Carter-Ruck are among those who have been appointed to a government panel considering changes to the law on libel, the lord chancellor, Jack Straw, said today.”

Full story

The Times, 27th January 2010

Source: www.timesonline.co.uk

Climate e-mails row university ‘breached data laws’ – BBC News

“A university unit involved in a row over stolen e-mails on climate research breached rules by withholding data, the Information Commissioner’s Office says.”

Full story

BBC News, 28th January 2010

Source: www.bbc.co.uk

Beneficiary is still a ‘person of great concern’ – The Times

“One of the men whose financial freedom was restored by the Supreme Court is a UN-designated terrorist suspect with links to the airline bomb plotters.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

The Iraq war inquiry: will it call Blair to account? – The Guardian

“The Chilcot inquiry will question Tony Blair about the Iraq war. So might we see the real truth emerge at last?”

Full story

The Guardian, 28th January 2010

Source: www.guardian.co.uk

Midwife who ‘randomly hacked’ at mother struck off – Daily Telegraph

“A mother whose home resembled a ‘murder scene’ after a midwife ‘randomly hacked’ at her with a pair of scissors has called for a change in the law to force independent midwives to take out insurance.”

Full story

Daily Telegraph, 28th January 2010

Source: www.telegraph.co.uk

Husband jailed for 12 years for killing three children – The Independent

“A man who torched his wife’s home after accusing her of wanting to ‘cop off’ with a taxi driver was jailed for 12 years today for the manslaughter of their three children.”

Full story

The Indpendent, 27th January 2010

Source: www.independent.co.uk

Musician Pete Doherty fined for taking heroin to court – BBC News

“Musician Pete Doherty has been fined for taking 13 wraps of heroin to court in his coat pocket.”

Full story

BBC News, 27th January 2010

Source: www.bbc.co.uk

Ministers passing too many ‘bad’ laws, say ex mandarins – BBC News

“The way Britain is governed has gone wrong and is in urgent need of reform, a group of former Whitehall chiefs has warned in a highly critical report.”

Full story

BBC News, 27th January 2010

Source: www.bbc.co.uk

Jon Gaunt begins TalkSport court battle – The Guardian

“Radio presenter claims Ofcom breached right to free speech by upholding complaints about on-air comments.”

Full story

The Guardian, 27th January 2010

Source: www.guardian.co.uk

Supreme Court quashes ‘draconian’ powers that allowed freezing of terror assets – The Times

“Ministers’ efforts to combat terrorism were dealt a fresh blow today when the UK’s highest court quashed measures to freeze the assets of terror suspects imposed without the approval of Parliament.”

Full story

The Times, 27th January 2010

Source: www.timesonline.co.uk

Jack Straw to unveil new National Victims Service – BBC News

“Murder victims’ relatives will be the first to benefit from a service to help people afflicted by crime, Justice Secretary Jack Straw is to announce.”

Full story

BBC News, 27th January 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Hines v Secretary of State for the Home Department [2010] EWHC Civ 69 (Admin) (26 January 2010)

High Court (Commercial court)

Trafigura Pte Ltd & Anor v Emirates General Petroleum Corp (EMARAT) [2010] EWHC 87 (Comm) (26 January 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Poultry Compartments (England) Order 2010

The Food Additives (Wales) Regulations 2009

Source: www.opsi.gov.uk


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