BAILII: Recent Decisions

Posted February 22nd, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Garside v Black Horse Ltd & Ors [2010] EWHC 190 (QB) (12 February 2010)

Pankhurst v White [2010] EWHC 311 (QB) (18 February 2010)

Malone & Ors v British Airways Plc [2010] EWHC 302 (QB) (19 February 2010)

Sabin v BRB (Residuary) Ltd [2010] EWHC 267 (QB) (19 February 2010)

High Court (Chancery Division)

Thomas & Anor v BPE Solicitors (A Firm) [2010] EWHC 306 (Ch) (19 February 2010)

Royal Society for the Prevention of Cruelty To Animals v Sharp & Ors [2010] EWHC 268 (Ch) (19 February 2010)

High Court (Administrative Court)

James v Birmingham City Council [2010] EWHC 282 (Admin) (19 February 2010)

Peake v Director of Public Prosecution [2010] EWHC 286 (Admin) (19 February 2010)

The Conservative and Unionist Party v The Election Commissioner & Ors [2010] EWHC 285 (Admin) (19 February 2010)

High Court (Technology and Construction Court)

Eribo & Anor v Odinaiya & Anor [2010] EWHC 301 (TCC) (19 February 2010)

High Court (Commercial Court)

Linsen International Ltd & Ors v Humpuss Sea Transport PTE Ltd & Anor [2010] EWHC 303 (Comm) (19 February 2010)

Source: www.bailii.org

Jail for paedophile who groomed girl, 14 – The Independent

Posted February 22nd, 2010 in internet, news, sexual grooming, sexual offences by sally

“A predatory paedophile who stealthily groomed a 14-year-old girl with depraved and crude sexual chats before taking her to woods for sex was jailed for four years today.”

Full story

The Independent, 22nd February 2010

Source: www.independent.co.uk

New Code for Crown Prosecutors issued – Crown Prosecution Service

Posted February 22nd, 2010 in Crown Prosecution Service, news by sally

“Keir Starmer QC, Director of Public Prosecutions, today issued a clarified and updated edition of The Code for Crown Prosecutors (the Code).”

Full story

Crown Prosecution Service, 22nd February 2010

Source: www.cps.gov.uk

Regina v Ramchurn – Times Law Reports

Posted February 22nd, 2010 in law reports by sally

Regina v Ramchurn

Court of Appeal (Criminal Division)

“Judicial Studies Board specimen directions provided guidance for trial judges but were not authority binding them unless approved or adopted by the Court of Appeal, Criminal Division.”

The Times, 22nd February 2010

Source: www.timesonline.co.uk

Regina v Valentas; Regina v Tabus – Times Law Reports

Posted February 22nd, 2010 in law reports by sally

Regina v Valentas; Regina v Tabus

Court of Appeal (Criminal Division)

“Until there was a definite guideline issued by the Sentencing Council, proposals of the Sentencing Advisory Panel did not constitute guidance to sentencers which displaced guideline decisions of the Court of Appeal, Criminal Division.”

The Times, 22nd February 2010

Source: www.timesonline.co.uk

Regina v Carter (David) – Times Law Reports

Posted February 22nd, 2010 in law reports by sally

Regina v Carter (David)

Court of Appeal (Criminal Division

“If a member of the jury had to be discharged, at whatever stage in the trial, the judge was not required to direct the remaining members of the jury to ignore any views expressed by the juror who had departed.”

The Times, 22nd February 2010

Source: www.timesonline.co.uk

The Rule of Law by Tom Bingham – The Guardian

Posted February 22nd, 2010 in judges, news, rule of law by sally

“Stephen Sedley finds the insights of a senior law lord clear and compelling.”

Full story

The Guardian, 20th February 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted February 22nd, 2010 in legislation by sally

The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010

The Export Control (Guinea) Order 2010

The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010

The National Assembly for Wales (Legislative Competence) (Environment) Order 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010

The Infrastructure Planning (Decisions) Regulations 2010

The Childcare (Fees) (Amendment) Regulations 2010

The Buckinghamshire Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2010

The Planning and Compulsory Purchase Act 2004 (Commencement No. 12, Revocation and Amendment) Order 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted February 22nd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Muhammed v R [2010] EWCA Crim 227 (19 February 2010)

Azam & Ors v R [2010] EWCA Crim 226 (19 February 2010)

Thames Water Utilities Ltd, R v [2010] EWCA Crim 202 (19 February 2010)

Moore, R v [2010] EWCA Crim 224 (19 February 2010)

Court of Appeal (Civil Division)

Al Dawood Shipping Lines Ltd v Dynastic Maritime Inc (Rev 1) [2010] EWCA Civ 104 (19 February 2010)

WL (Congo) 1 and 2 & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 111 (19 February 2010)

High Court (Chancery Division)

Winwood & Anor (Trustees of the E.E.Marsh Land Settlement) v Biffa Waste Services Ltdo & Anor [2010] EWHC 242 (Ch) (19 February 2010)

Nanjing Automobile (Group) Corporation & Ors v MG Sports and Racing Europe Ltd & Anor [2010] EWHC 270 (Ch) (19 February 2010)

Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd & Anor [2010] EWHC 243 (Ch) (19 February 2010)

Re Kaupthing Singer & Friedlander Ltd [2010] EWHC 316 (Ch) (19 February 2010)

High Court (Family Division)

Z, Re [2009] EWHC 3621 (Fam) (21 December 2009)

Source: www.bailii.org

War hero fantasist cleared of deception on legal technicality – The Times

Posted February 22nd, 2010 in news by sally

“A fantasist who claimed to be a decorated war veteran has had all charges against him dropped at Nuneaton Magistrates’ Court because of a legal technicality.”

Full story

The Times, 20th February 2010

Source: www.timesonline.co.uk

PROFILE: Jonathan Sumption – The Times

Posted February 22nd, 2010 in news by sally

“The barrister Jonathan Sumption has been described as the cleverest man in Britain, with ‘a brain the size of the planet’ and fees to match. So when David Miliband hired this top legal banana to help to suppress evidence of MI5’s complicity in torturing a terrorist suspect, the foreign secretary did not envisage any slip-ups.”

Full story

The Times, 21st February 2010

Source: www.timesonline.co.uk

Assisted suicide: law to be decriminalised ‘by back door’ from next week – Daily Telegraph

Posted February 22nd, 2010 in assisted suicide, news by sally

“Assisted suicide will be effectively decriminalised by the back door in landmark guidance to be published next week.”

Full story

Daily Telegraph, 19th February 2010

Source: www.telegraph.co.uk

Bamber case reviewed – The Independent

Posted February 22nd, 2010 in Criminal Cases Review Commission, news by sally

“A man who has spent the past 23 years in jail for shooting dead five of his relatives is to have his conviction re-examined after doubts were raised over key evidence used during his trial.”

Full story

The Independent, 22nd February 2010

Source: www.independent.co.uk

Robbery suspect Peter Blake ‘opened court doors and strolled to freedom’ – The Times

Posted February 22nd, 2010 in news by sally

“After walking through the double doors of Court 35, Peter Blake turned down a winding staircase and within three minutes had navigated his way unnoticed through the Gothic maze of the Royal Courts of Justice.”

Full story

The Times, 20th February 2010

Source: www.timesonline.co.uk

Regulation of estate agents ‘unnecessary’, says OFT – Law Society’s Gazette

Posted February 22nd, 2010 in estate agents, news, reports, solicitors by sally

“Solicitors have expressed disappointment that the Office of Fair Trading did not propose the regulation of estate agents in its home buying and selling report published last week.”

Full story

Law Society’s Gazette, 22nd February 2010

Source: www.lawgazette.co.uk

Two race claims out of 150 upheld against Metropolitan police at tribunal – Daily Telegraph

Posted February 22nd, 2010 in news, police, race discrimination, tribunals by sally

“Only two of almost 150 race claims made against the country’s largest police force in the past four years have been upheld at tribunals, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 20th February 2010

Source: www.telegraph.co.uk

MI5 may face new torture inquiry – The Times

Posted February 22nd, 2010 in news by sally

“As befits Britain’s most senior spy, Jonathan Evans is noted in Whitehall for being cool under fire. That quality will be tested this week when MI5’s director-general learns whether his service is about to be engulfed by one of the biggest crises in its 100-year history.”

Full story

The Times, 21st February 2010

Source: www.timesonline.co.uk

Photographer films his own ‘anti-terror’ arrest – The Guardian

Posted February 22nd, 2010 in news, photography, police, terrorism by sally

“Police questioned an amateur photographer under anti-terrorist legislation and later arrested him, claiming pictures he was taking in a Lancashire town were ‘suspicious’ and constituted ‘antisocial behaviour’.”

Full story

The Guardian, 21st February 2010

Source: www.guardian.co.uk

‘Baby P’ doctor faces GMC hearing – BBC News

Posted February 22nd, 2010 in child abuse, doctors, negligence, news by sally

“A doctor accused of failing to spot the signs that Baby P was being abused is due before the General Medical Council (GMC) charged with misconduct.”

Full story

BBC News, 22nd February 2010

Source: www.bbc.co.uk

Judge criticises ‘waste of money’ case after pensioner threatens boys with hammer – Daily Telegraph

Posted February 22nd, 2010 in affray, news, sentencing, threatening behaviour by sally

“A Crown Court case against a pensioner who threatened four boys for climbing trees was a waste of taxpayers’ money, a judge has said.”

Full story

Daily Telegraph, 20th February 2010

Source: www.telegraph.co.uk