BAILII: Recent Decisions

Posted November 21st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Sherif & Ors, R v [2008] EWCA Crim 2653 (21 November 2008)

Court of Appeal (Civil Division)

Osibanjo & Anor v Seahive Investments Ltd [2008] EWCA Civ 1282 (21 November 2008)

City of London v Sancheti [2008] EWCA Civ 1283 (21 November 2008)

Grosvenor Estates Ltd v Prospect Estates Ltd [2008] EWCA Civ 1281 (21 November 2008)

McCall v Poulton & Ors [2008] EWCA Civ 1263 (21 November 2008)

High Court (Chancery Division)

Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision [2008] EWHC 2715 (Ch) (21 November 2008)

High Court (Queen’s Bench Division)

Employers’ Liability Policy “Trigger” Litigation [2008] EWHC 2692 (QB) (21 November 2008)

High Court (Administrative Court)

Faisaltex Ltd & Ors, R (on the application of) v Crown Court Sitting At Preston & Ors [2008] EWHC 2832 (Admin) (21 November 2008)

Minshall v Marylebone Magistrates’ Court & Ors [2008] EWHC 2800 (Admin) (21 November 2008)

Source: www.bailii.org

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Recent Statutory Instruments – OPSI

Posted November 21st, 2008 in legislation by sally

The Taxes (Fees for Payment by Internet) Regulations 2008

The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2008

The Education (Special Educational Needs Co-ordinators) (England) Regulations 2008

The Health and Social Care Act 2008 (Commencement No. 4) Order 2008

The Criminal Justice and Immigration Act 2008 (Commencement No. 4 and Saving Provision) Order 2008

The Stockton-on-Tees (Parish Electoral Arrangements) Order 2007 (PDF)

The South Norfolk (Parish Electoral Arrangements and Electoral Changes) Order 2007 (PDF)

The South Bucks (Parish Electoral Arrangements and Electoral Changes) Order 2007 (PDF)

The St Albans (Parish Electoral Arrangements and Electoral Changes) Order 2007 (PDF)

The Peterborough (Parish Electoral Arrangements and Electoral Changes) Order 2007 (PDF)

The Judicial Appointments Order 2008

The Pre-release Access to Official Statistics Order 2008

Source: www.opsi.gov.uk

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Asbestos cancer victims win High Court fight for mesothelioma insurance payouts – The Times

Posted November 21st, 2008 in asbestos, industrial injuries, insurance, news by sally

“Thousands of victims of a fatal asbestos-related lung cancer are in line for six-figure sums in compensation after a victory today that lands insurers with a multi-million pound bill.”

Full story

The Times, 21st November 2008

Source: www.timesonline.co.uk

Consultation brings national identity scheme a step closer to reality – Home Office

Posted November 21st, 2008 in identity cards, news by sally

“The introduction of the first identity cards for British citizens moved forward today as the government began a 12-week consultation on the finer detail of the National Identity Scheme’s next phase.”

Full story

Home Office, 21st November 2008

Source: www.homeoffice.gov.uk

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Sex offender Gary Glitter to appeal – Daily Telegraph

Posted November 21st, 2008 in news, sexual offences by sally

“Sex offender Gary Glitter is to appeal against a court order requiring him to notify police if he intends to travel abroad.”

Full story

Daily Telegraph, 21st November 2008

Source: www.telegraph.co.uk

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Sienna Miller settles with Big Pictures – The Guardian

Posted November 21st, 2008 in harassment, news, privacy by sally

“Sienna Miller has reached a settlement with Big Pictures, the photo agency run by Darryn Lyons, over harassment and invasion of privacy that includes an agreement about where the actor can and cannot be photographed.”

Full story

The Guardian, 21st November 2008

Source: www.guardian.co.uk

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Tread carefully with extreme views – BBC News

Posted November 21st, 2008 in news, political parties, unfair dismissal by sally

“The publication of details about BNP members may prompt some employers to take action, particularly in companies where membership may cause particular sensitivities given the nature of the business or its customer or client base.”

Full story

BBC News, 21st November 2008

Source: www.bbc.co.uk

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Selina Scott takes Channel Five to employment tribunal over ageism claim – Daily Telegraph

Posted November 21st, 2008 in age discrimination, news by sally

“Selina Scott is taking Channel Five to an employment tribunal over claims that it rejected her as a newsreader because she was too old.”

Full story

Daily Telegraph, 21st November 2008

Source: www.telegraph.co.uk

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Wife of billionaire F1 boss Bernie Ecclestone files for divorce – The Times

Posted November 21st, 2008 in divorce, news by sally

“The wife of the Formula One tycoon Bernie Ecclestone confirmed yesterday that she is leaving her husband after 24 years of marriage.”

Full story

The Times, 21st November 2008

Source: www.timesonline.co.uk

Woolas plans to curb high court role in deportation cases – The Guardian

Posted November 21st, 2008 in asylum, deportation, news by sally

“The implications of the tougher-sounding rhetoric of the immigration minister, Phil Woolas, started to become clear yesterday when he disclosed he is to block appeals to high court judges from failed asylum seekers facing deportation.”

Full story

The Guardian, 21st November 2008

Source: www.guardian.co.uk

Court Dress: Guidance from Chairman of the Bar Council – The Bar Council

Posted November 21st, 2008 in court dress, news by sally

“The Chairman of the Bar has today issued guidance on court dress regarding the Practice Direction issued by the Lord Chief Justice dated 31 July 2008.”

Full story

The Bar Council, 20th November 2008

Source: www.barcouncil.org.uk

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The Autonomy of the Citizen in the Context of Family Law Disputes – Speech by The Honourable Mr Justice Ryder

Posted November 21st, 2008 in children, family courts, speeches by sally

The Autonomy of the Citizen in the Context of Family Law Disputes (PDF)

Speech by The Honourable Mr Justice Ryder

Conkerton Memorial Lecture 2008

Source: www.judiciary.gov.uk

Regina (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted November 21st, 2008 in detention, immigration, judicial review, law reports by sally

Regina (Zimbabwe) v Secretary of State for the Home Department

Court of Appeal

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st November 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.

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Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Posted November 21st, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st November 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.

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BAILII: Recent Decisions

Posted November 21st, 2008 in law reports by sally

Court of Appeal (Civil Division)

KJM Superbikes Ltd. v Hinton [2008] EWCA Civ 1280 (20 November 2008)

High Court (Chancery Division)

Cobden Investments Ltd. v RWM Langport Ltd & Ors [2008] EWHC 2810 (Ch) (20 November 2008)

High Court (Queen’s Bench Division)

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates [2008] EWHC 2795 (QB) (18 November 2008)

Clarke (t/a Elumina Iberica UK) v Bain & Anor [2008] EWHC 2636 (QB) (19 November 2008)

Source: www.bailii.org

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Asbestos compensation ruling due – BBC News

Posted November 21st, 2008 in asbestos, industrial injuries, insurance, news by sally

“A ruling is expected later that could have profound implications for asbestos-related cancer victims and their families.”

Full story

BBC News, 21st November 2008

Source: www.bbc.co.uk

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Human rights laws prevent 19 terror suspects from being deported – Daily Telegraph

Posted November 21st, 2008 in deportation, news, terrorism by sally

“Human rights laws have prevented Britain deporting 19 terror suspects in the last three years, the Home Secretary was forced to admit.”

Full story

Daily Telegraph, 21st November 2008

Source: www.telegraph.co.uk

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Courts martial after BBC filming – BBC News

Posted November 21st, 2008 in armed forces, bullying, courts martial, news by sally

“Four Army training instructors will face courts martial after allegations of abuse that came to light during an undercover investigation by the BBC.”

Full story

BBC News, 20th November 2008

Source: www.bbc.co.uk

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Novice drivers face a ban for one speeding offence – The Times

Posted November 21st, 2008 in news, road safety, road traffic offences by sally

“Novice drivers could face an automatic ban after a single speeding offence, and would have to retake their tests, under proposals for a tightening of road safety laws.”

Full story

The Times, 21st November 2008

Source: www.timesonline.co.uk

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Scholar faces jail for page theft – BBC News

Posted November 21st, 2008 in libraries, news, theft by sally

“A wealthy businessman who stole pages from books in the British Library and Bodleian Library is due to be sentenced at Wood Green Crown Court.”

Full story

BBC News, 21st November 2008

Source: www.bbc.co.uk

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