Archive for November 8th, 2010

Gay man and woman in court battle over children – The Independent

“A gay man and woman are fighting a bitter court battle over their two children born by artificial insemination.”

Full story

The Independent, 8th November 2010

Source: www.independent.co.uk

High Court strips injunction celebrity of anonymity – OUT-LAW.com

“The High Court has ordered the identity of a celebrity to be revealed, though it has ordered that information about his private life must remain secret. The celebrity, known in the case as JIH, will be named if an appeal fails.”

Full story

OUT-LAW.com, 8th November 2010

Source: www.out-law.com

Rape case woman to appeal against jailing for withdrawing allegations – The Guardian

“A woman jailed for ‘falsely retracting’ allegations that she had been raped six times by her husband will today lodge an appeal against her eight-month prison sentence.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Foreign prisoners face transfer under new plans – The Independent

“Thousands of foreign prisoners will be sent back to serve their sentences in their own countries under Government plans, it emerged today.”

Full story

The Independent, 8th November 2010

Source: www.independent.co.uk

New legal aid court challenge set to proceed – Law Society’s Gazette

“A High Court judge has refused an injunction that could have further delayed the start of the new mental health and public law legal aid contracts – but awarded a protective costs order to enable a legal challenge to the two Legal Services Commission tender processes.”

Full story

Law Society’s Gazette, 8th November 2010

Source: www.lawgazette.co.uk

BNP in high court showdown over ‘racist’ party constitution – The Guardian

“The British National party faces having some or all of its assets seized in the high court today as part of a showdown with the equality and human rights watchdog.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Judge who bailed rape accused ‘blamed’ for nurse murder – BBC News

“The parents of a nurse killed by her ex-boyfriend while he was on bail for alleged rape have called for the judge who freed him to be investigated.”

Full story

BBC News, 8th November 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

C, R v [2010] EWCA Crim 2578 (04 November 2010)

Qazi & Anor, R v [2010] EWCA Crim 2579 (04 November 2010)

Court of Appeal (Civil Division)

HHY Luxembourg Sarl & Anr v Barclays Bank Plc & Ors [2010] EWCA Civ 1248 (22 October 2010)

High Court (Queen’s Bench Division)

Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010)

Jaison Property Development Co Ltd v Swinhoe [2010] EWHC 2467 (QB) (15 October 2010)

Thornley v Ministry Of Defence [2010] EWHC 2584 (QB) (14 October 2010)

JXF v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB) (04 November 2010)

JIH v News Group Newspapers Ltd [2010] EWHC 2818 (QB) (05 November 2010)

Watkins v Woolas [2010] EWHC 2702 (QB) (05 November 2010)

High Court (Chancery Division)

The Prudential Assurance Company Ltd & Ors v Revenue & Customs [2010] EWHC 2811 (Ch) (05 November 2010)

Bank of Scotland v Hussain & Anor [2010] EWHC 2812 (Ch) (05 November 2010)

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch) (01 November 2010)

Fattal & Ors v Walbrook Trustees (Jersey) Ltd & Ors [2010] EWHC 2767 (Ch) (03 November 2010)

High Court (Administrative Court)

Smith, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2774 (Admin) (22 October 2010)

On Line Design and Engineering Ltd, R (on the application of) v Engineering Construction Industry Training Board [2010] EWHC 2776 (Admin) (22 October 2010)

Omar v Secretary of State for the Home Department [2010] EWHC 2792 (Admin) (05 November 2010)

Naik v Secretary of State for the Home Department & Anor [2010] EWHC 2825 (Admin) (05 November 2010)

High Court (Commercial Court)

Guangzhou Dockyards Co Ltd v ENE Aegiali I [2010] EWHC 2826 (Comm) (05 November 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

The National Minimum Wage (Amendment) (No.2) Regulations 2010

The Education and Inspections Act 2006 (Commencement No. 6) (Wales) Order 2010

The Child Minding and Day Care (Inspection and Information for Local Authorities) (Wales) Regulations 2010

The Adult Placement Schemes (Wales) (Miscellaneous Amendments) Regulations 2010

Source: www.legislation.gov.uk

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners – WLR Daily

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners [2010] EWHC 2797 (Admin); [2010] WLR (D) 282

“The power of detention contained in s 139(1) of the Customs and Excise Management Act 1979 was not limited to cases in which the goods in question were goods on which duty had not in fact been paid, but also covered cases in which there were reasonable grounds for suspecting that duty might not have been paid on the goods.”

WLR Daily, 5th November 2010

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.

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th November 2010

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.

Ken Clarke to close six jails as he insists inmate numbers will fall – The Guardian

“Around 5,000 prison cells will be lost and 10,000 jobs across the Prison Service will be axed under a government plan to shut six jails in England and Wales.”

Full story

The Guardian, 6th November 2010

Source: www.guardian.co.uk

Woman jailed for false claim of rape in Farnham park – BBC News

“A 27-year-old woman has been jailed for 16 months after falsely claiming she was raped in a park in Surrey.”

Full story

BBC News, 5th November 2010

Source: www.bbc.co.uk

Man jailed for cat’s microwave and freezer torture – The Guardian

“A man was jailed for four months today after torturing a cat by putting it in a microwave, a tumble drier and a freezer.”

Full story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

Families denied legal aid for epilepsy drug court case – BBC news

“Dozens of families who blame an epilepsy drug for causing birth defects in their children say they are devastated that legal aid to sue its maker has been withdrawn.”

Full story

BBC News, 8th November 2010

Source: www.bbc.co.uk

Control orders: MI5 U-turn could hasten scrapping of system – The Guardian

“The scrapping of control orders for terror suspects moved a step closer last night when the security services appeared to dramatically soften their support for the controversial measures.”

Full story

The Guardian, 7th November 2010

Source: www.guardian.co.uk

UK copyright laws to be reviewed, announces Cameron – BBC News

“Britain’s intellectual property laws are to be reviewed to ‘make them fit for the internet age,’ prime minister David Cameron has announced.”

Full story

BBC News, 4th November 2010

Source: www.bbc.co.uk

Ken Clarke’s prison reforms will spare mentally ill offenders jail – The Guardian

“Thousands of criminals with serious mental illnesses or drug addictions will no longer be sent to prison but will instead be offered ‘voluntary’ treatment in hospital, under controversial proposals to be unveiled tomorrow.”

Full story

The Guardian, 7th November 2010

Source: www.guardian.co.uk


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