BAILII: Recent Decisions

Posted January 29th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ETS v BT [2009] EWCA Civ 20 (28 January 2009)

Kennedy, R (on the application of) v The Health and Safety Executive [2009] EWCA Civ 25 (28 January 2009)

Buglife -The Invertebrate Conservation Trust, R (on the application of) v Thurrock Thames Gateway Development Corporation & Anor [2009] EWCA Civ 29 (28 January 2009)

The United States Securities and Exchange Commission v Manterfield [2009] EWCA Civ 27 (28 January 2009)

High Court (Technology and Construction Court)

Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC) (21 January 2009)

Bovis Lend Lease Ltd v The Trustees of the London Clinic [2009] EWHC 64 (TCC) (28 January 2009)

Source: www.bailii.org

‘Written tests are no guide to your ability to be a judge’ – The Times

Posted January 29th, 2009 in examinations, judicial appointments commission, judicial review, news by sally

“A judge has taken the unprecedented step of launching legal action because he failed to be shortlisted for a judicial post after sitting a new written test. David Page, 58, who has sat as a £102,000-a-year full-time immigration judge since 2002, was insulted and shocked to find that he was ruled out after two 40-minute written papers.”

Full story 

The Times, 29th January 2009

Source: www.timesonline.co.uk

Inquests without a jury: the Government needs to think again – The Times

Posted January 29th, 2009 in inquests, juries, news by sally

“The Coroners and Justice Bill, which had its second reading in the House of Commons on Monday, allows the Secretary of State for Justice to specify that an inquest should take place without a jury to prevent ‘harm to the public interest’. The Government has failed to justify such a broad discretion to remove an important safeguard against abuse of power.”

Full story

The Times, 29th January 2009

Source: www.timesonline.co.uk

Two Pacific Continental Securities executives banned by FSA – The Times

Posted January 29th, 2009 in financial regulation, news by sally

“Two executives of Pacific Continental Securities, a notorious stockbroking firm that fleeced more than 8,000 savers, were banned from the City yesterday. Steven Griggs, the former chief executive, and Charles Weston, the former finance director, were also heavily fined by the Financial Services Authority.”

Full story

The Times, 29th January 2009

Source: www.timesonline.co.uk

Ban on possession of extreme images comes into force – OUT-LAW.com

Posted January 29th, 2009 in news, pornography by sally

“It has become illegal in most of the UK to own extreme pornographic images. A new law came into force making it a criminal offence to possess the images in England, Wales and Northern Ireland. A similar law is proposed in Scotland.”

Full story

OUT-LAW.com, 29th January 2009

Source: www.out-law.com

All criteria must be met for exemptions from disability hiring law, says EAT – OUT-LAW.com

Posted January 29th, 2009 in disability discrimination, employment, news by sally

“If a company that is recruiting is to be exempt from making provisions for disabled applicants it must fulfil all the criteria laid down in law and not just some of them, the Employment Appeals Tribunal (EAT) has said”

Full story

OUT-LAW.com, 29th January 2009

Source: www.out-law.com

Persche v Finanzamt Lüdenscheid – WLR Daily

Posted January 29th, 2009 in charities, EC law, income tax, law reports by sally

Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27

It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer’s state and the taxpayer had no opportunity to show that the donation satisfied the legislative requirements for the grant of deductibility.”

WLR Daily, 28th 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.

Austin v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26

Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

WLR Daily, 28th 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.

Austin v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis

House of Lords

“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

The Times, 29th January 2009

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.

Changing the face of human rights – Ministry of Justice

Posted January 29th, 2009 in human rights, speeches by sally

“Jack Straw has given the keynote speech at the annual conference of the British Institute of Human Rights.”

Full speech

Ministry of Justice, 28th January 2009

Source: www.justice.gov.uk

Sir Paul Stephenson appointed as new police commissioner – Home Office

Posted January 29th, 2009 in London, police, press releases by sally

“Sir Paul has been appointed the new Metropolitan Police Service commissioner, Home Secretary Jacqui Smith announced today.”

Full press release

Home Office, 28th January 2009

Source: www.homeoffice.gov.uk

Facebook message teenager found guilty of murder – The Independent

Posted January 29th, 2009 in murder, news, young offenders by sally

“A teenager who posted a message on Facebook saying he felt ‘like killin some1’  hours before stabbing a man to death in a crowded bar was convicted of murder today.”

Full story 

The Independent, 28th January 2009

Source: www.independent.co.uk

Inmates ‘with nothing to lose’ threaten jails – The Times

Posted January 29th, 2009 in news, prisons by sally

“A growing number of prisoners serving long sentences who have ‘nothing to lose’ is a threat to the control and stability of the jail system, the prisons watchdog warns. Dame Anne Owers, the chief inspector of prisons, also said that there was a growing use of force to control the most pressurised jails in England and Wales.”

Full story

The Times, 29th January 2009

Source: www.timesonline.co.uk

Teenage girl who attacked three paramedics walks free from court – Daily Telegraph

Posted January 29th, 2009 in assault, news, sentencing, young offenders by sally

“The 16-year-old, from Somerset, was given a community rehabilitation order for three counts of assault at Yeovil Magistrates’ Court.”

Full  story

Daily Telegraph, 28th January 2009

Source: www.telegraph.co.uk

Rule on secret Government documents could be relaxed – Daily Telegraph

Posted January 29th, 2009 in news, public records by sally

“Secret Government documents could be released earlier when a report is published into whether the 30-year-rule should be relaxed.”

Full story 

Daily Telegraph, 29th January 2009

Source: www.telegraph.co.uk

Women killed after inflatable artwork’s safety system failed in wind, court told – The Guardian

Posted January 29th, 2009 in health & safety, homicide, negligence, news by sally

“Amateurish safety precautions led to a huge inflatable artwork tearing free and twisting into the air in a strong gust of wind, killing two women inside, a court heard yesterday.”

Full story

The Guardian, 29th January 2009

Source: www.guardian.co.uk

£20 broadband charge to fight online music and film piracy – The Times

Posted January 29th, 2009 in copyright, internet, news by sally

“An additional charge for broadband use will be proposed by ministers today as part of a plan to stamp out music and film piracy. Lord Carter of Barnes, the Communications Minister, will propose the creation of a quango, paid for by a charge that could amount to £20 a year per broadband connection. The idea will be at the heart of the Digital Britain Green Paper to be unveiled by ministers, which includes plans to create jobs by boosting broadband take-up.”

Full story

The Times, 29th January 2009

Source: www.timesonline.co.uk

Somerset care home manager charged with murdering three residents – The Times

Posted January 29th, 2009 in care homes, murder, news by sally

“A registered nurse has been charged with murdering three elderly residents in the Somerset care home that she ran with her husband for ten years.”

Full story

The Times, 29th January 2009

Source: www.timesonline.co.uk