BAILII: Recent Decisions

Posted January 8th, 2009 in law reports by sally

High Court (Chancery Division)

Mirza & Anor v Mirza & Ors [2009] EWHC 3 (Ch) (07 January 2009)

High Court (Administrative Court)

East Devon District Council v Electoral Commission (The Boundary Committee for England) [2009] EWHC 4 (Admin) (08 January 2009)

Source: www.bailii.org

Jury discharged in £53m Tonbridge depot robbery trial – The Guardian

Posted January 8th, 2009 in juries, news, robbery, verdicts by sally

“Retrial date to be set after jury trying man allegedly ‘at heart’ of Britain’s biggest cash robbery fails to reach verdict.”

Full story

The Guardian, 8th January 2009

Source: www.guardian.co.uk

The smoke and mirrors behind ‘positive’ youth crime statistics – The Guardian

Posted January 8th, 2009 in news, statistics, young offenders by sally

“The government says the number of youths ending up in the justice system is falling – hardly surprising given the creative maths going on.”

Full story

The Guardian, 8th January 2009

Source: www.guardian.co.uk

Leading LSE professor questions moral basis for euthanasia laws – The Independent

Posted January 8th, 2009 in euthanasia, news by sally

“Emily Jackson, a leading LSE Law professor, discusses the meaning of death and the moral and legal questions raised by euthanasia in the first of The Independent’s new series of short films.”

Full story

The Independent, 7th January 2009

Source: www.independent.co.uk

Clifford Chance to axe up to 80 London lawyers – The Times

Posted January 8th, 2009 in law firms, news, redundancy by sally

“Clifford Chance, the world’s largest law firm by revenues, has begun a redundancy consultation that could see up to 80 lawyers losing their jobs in London.”

Full story

The Times, 8th January 2009

Source: www.timesonline.co.uk

Daily Cause List, 8th January 2009

Posted January 8th, 2009 in news by sally

Thursday 8th January 2009

Source: www.hmcourts-service.gov.uk

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

C v W – WLR Daily

Posted January 8th, 2009 in costs, fees, law reports, solicitors by sally

C v W [2008] EWCA Civ 1459; WLR (D) 4

“There was nothing unreasonable in a simple conditional fee agreement entered into between a claimant and her solicitor when liability had already been admitted by the defendant in the proceedings provided that the parties had made a proper assessment of the inevitably much reduced risk of failure.”

WLR Daily, 7th January 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.

Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA – WLR Daily

Posted January 8th, 2009 in aircraft, carriage by air, compensation, EC law, law reports by sally

Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07); WLR (D) 3

“A technical problem such as an engine defect that came to light during a routine check on an aircraft and resulted in cancellation of a flight did not normally justify the carrier in refusing to pay compensation to passengers on the ground that the flight had been cancelled owing to ‘extraordinary circumstances’.”

WLR Daily, 7th January 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.

Recent Statutory Instruments – OPSI

Posted January 8th, 2009 in legislation by sally

The Intestate Succession (Interest and Capitalisation) (Amendment) Order 2008

The Charities Act 1993 (Exception from Registration) Regulations 2008

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008

Source: www.opsi.gov.uk

Stansted protesters sentenced to community service amid threat of £2m damages claim – The Guardian

Posted January 8th, 2009 in airports, demonstrations, news, sentencing, trespass by sally

“A group of climate change protesters who brought Stansted airport to a standstill after occupying a taxiway in December were sentenced yesterday, as it emerged that they and others who joined them face the threat of being sued for more than £2m in damages.”

Full story

The Guardian, 8th January 2009

Source: www.guardian.co.uk

Fusty image and poor pay put women off being judges – The Times

Posted January 8th, 2009 in judiciary, legal profession, news, women by sally

“The judiciary is losing out on some of the best talent in the legal profession because the work of a High Court judge is perceived as fusty, old-fashioned and underpaid. ”

Full story

The Times, 8th January 2009

Source: www.timesonline.co.uk

‘Sex drug’ billboard firm told: you can’t keep it up – The Guardian

Posted January 8th, 2009 in advertising, news by sally

“The company behind a ‘Want Longer Lasting Sex?’ ad campaign for a nasal spray is defying an order to take down its posters by the advertising watchdog.”

Full story

The Guardian, 7th January 2009

Source: www.guardian.co.uk

Fraud: the public are in a mood for show trials of guilty managers – The Times

Posted January 8th, 2009 in fraud, news by sally

“This is the year when the pursuit, exposure and prosecution of fraud will be a very big business story. Already, almost every fraud lawyer in London will say that his or her workload has boomed and that Bernard Madoff has become the poster boy for what will become a substantial global legal industry.”

Full story

The Times, 8th January 2009

Source: www.timesonline.co.uk

MP stopped and search under anti-terror laws for taking pictures – The Guardian

Posted January 8th, 2009 in news, stop and search, terrorism by sally

“An MP has been stopped and searched by police officers under anti-terror laws after he was seen taking photographs near a railway station.”

Full story

The Guardian, 7th January 2009

Source: www.guardian.co.uk

Bruce Houlder, QC, the top criminal silk taking on the Armed Forces – The Times

Posted January 8th, 2009 in armed forces, barristers, news by sally

“When appointed the first civilian in charge of military prosecutions, Bruce Houlder, QC, faced accusations that he would ‘let our boys hang out to dry’. Others said that he had been put in post to ‘whitewash the crimes of the military’. Houlder, who took over on January 1 as the independent Director of Service Prosecutions for all three Armed Forces, is determined to prove that he can steer a middle course.”

Full story

The Times, 8th January 2009

Source: www.timesonline.co.uk

Pensioner convicted of harassing Martin Shaw – The Independent

Posted January 8th, 2009 in harassment, news by sally

“An ‘unhinged’ 66-year-old woman was today (7 January) convicted of harassing television actor Martin Shaw after pouring petrol through the letterbox of his girlfriend.”

Full story

The Independent, 7th January 2009

Source: www.independent.co.uk

Drug rehabilitation for offenders a waste of time, says judge – Daily Telegraph

Posted January 8th, 2009 in drug offences, news, rehabilitation by sally

“Thousands of drug rehabilitation programmes handed to offenders by the courts each year are a waste of time, a judge has warned.”

Full story

Daily Telegraph, 7th January 2009

Source: www.telegraph.co.uk

HBOS is institutionally sexist, Muslim woman claims in £16m harassment case – The Guardian

Posted January 8th, 2009 in harassment, race discrimination, sex discrimination by sally

“Bosses at one of Britain’s biggest banks reigned over an ‘institutionally sexist environment’, according to a Muslim woman suing the firm and two senior managers for £16.7m for sexual, religious and racial harassment.”

Full story

The Guardian, 7th January 2009

Source: www.guardian.co.uk

Gurkhas decision delay criticised – BBC News

Posted January 8th, 2009 in armed forces, Gurkhas, immigration, news by sally

“The government has been criticised for delays in producing a new policy on Gurkha veterans wanting to settle in the UK.”

Full story

BBC News, 7th January 2009

Source: www.bbc.co.uk

Simmons & Simmons named most gay-friendly law firm – The Times

Posted January 8th, 2009 in homosexuality, law firms, news by sally

“Simmons & Simmons has been named the most gay-friendly law firm in the UK by a leading lobby group. ”

Full story

The Times, 7th January 2009

Source: www.timesonline.co.uk