BAILII: Recent Decisions

Posted April 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

McNeill, R. v [2008] EWCA Crim 553 (27 February 2008)

Court of Appeal (Civil Division)

Mamki, R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 307 (08 April 2008)

High Court (Queen’s Bench Division)

Gentoo Group Ltd & Anor v Hanratty [2008] EWHC 627 (QB) (07 April 2008)

High Court (Administrative Court)

The Mayor of London, R (on the application of) v First Secretary of State [2008] EWHC 631 (Admin) (07 April 2008)

Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) (08 April 2008)

HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 664 (Admin) (08 April 2008)

Source: www.bailii.org

Christian group mounts challenge to HFEA on hybrid embryo research – The Times

Posted April 8th, 2008 in embryology, news by sally

” The legality of the licences that allowed the creation of Britain’s first human-animal hybrid embryos is to be challenged by a Christian group, The Times has learnt.”

Full story

The Times, 8th April 2008

Source: www.timesonline.co.uk

Five guilty of Kodjo gang murder – BBC News

Posted April 8th, 2008 in murder, news, young offenders by sally

“Five teenagers have been found guilty of killing 16-year-old schoolboy Kodjo Yenga.”

Full story

BBC News, 8th April 2008

Source: www.bbc.co.uk

Immigration rule change ‘illegal’ – BBC News

Posted April 8th, 2008 in immigration, news by sally

“The government acted unlawfully in changing immigration rules for highly skilled workers who want to stay in the UK, the High Court has ruled.”

Full story

BBC News, 8th April 2008

Source: www.bbc.co.uk

Search engines must delete data after six months, say watchdogs – OUT-LAW.com

Posted April 8th, 2008 in data protection, internet, news by sally

“Search engines must delete search logs after six months if they are to comply with data protection laws, according to a committee of EU countries’ privacy watchdogs. Google has said that the findings do not take account of commercial reality.”

Full story

OUT-LAW.com, 8th April 2008

Source: www.out-law.com

Omagh bomb relatives launch action in high court – The Guardian

Posted April 8th, 2008 in news, personal injuries, terrorism by sally

“The civil action by relatives of the Omagh bomb victims against the Real IRA is an attack on terrorists unprecedented anywhere in the world, the lawyer representing the families said yesterday. On the opening day of a case brought by some of the relatives of those who were killed or injured in the 1998 atrocity, Lord Brennan QC said: ‘For the first time the victims of terrorism are suing the alleged perpetrators … private citizens are confronting terrorists in our courts.'”

Full story

The Guardian, 8th April 2008

Source: www.guardian.co.uk

Masri v Consolidated Contractors International UK Ltd and others (No 2) – WLR Daily

Posted April 8th, 2008 in execution, foreign jurisdictions, judgments, law reports, receivers by sally

Masri v Consolidated Contractors International UK Ltd and others (No 2) [2008] EWCA Civ 303; [2008] WLR (D) 97

“There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. Applications for the appointment of a receiver over foreign debts and ancillary orders did not constitute proceedings concerned with the enforcement of judgments within the meaning of article 22(5) of Council Regulation (EC) No 44/2001.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Whitehead and another v Hibbert Pownall & Newton ( a firm) – WLR Daily

Posted April 8th, 2008 in damages, law reports, negligence, solicitors by sally

Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96

“Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant’s death were not liable for failing to secure for the deceased’s estate what, on the full facts, would have amounted a an uncovenanted windfall. The estate, standing in the deceased’s shoes, could not recover sums referable to a period after her death since she would only have been entitled to recover losses incurred or to be incurred in her lifetime.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v R (Video Recording: Admissibility) – WLR Daily

Posted April 8th, 2008 in evidence, law reports, video recordings by sally

R v R (Video Recording: Admissibility) [2008] EWCA Crim 678; [2008] WLR (D) 95

“A video recording of an interview given had been was properly admitted as evidence in chief at a criminal trial pursuant to a special measures direction made under s27 of the Youth Justice and Criminal Evidence Act 1999, notwithstanding that no notification had been given by the Secretary of State under s18(2) of the Act that such measures were available.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Family Life – Family Justice – Fairness – Speech by Mr Justice Coleridge

Posted April 8th, 2008 in family courts, speeches by sally

Family Life – Family Justice – Fairness

Speech by Mr Justice Coleridge

Resolution National Conference, 5th April 2008

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted April 8th, 2008 in law reports by sally

High Court (Administrative Court)

British Medical Association, & Anor R (on the application of) v Secretary of State for Health [2008] EWHC 599 (Admin) (13 March 2008)

Slivka v District Court of Prague [2008] EWHC 595 (Admin) (12 March 2008)

Secretary of State for Justice, R (on the application of) v Mental Health Review Tribunal & Anor [2008] EWHC 598 (Admin) (05 March 2008)

D, R (on the application of) v Sheffield Youth Court [2008] EWHC 601 (Admin) (06 March 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 8th, 2008 in legislation by sally

The Bluetongue Regulations 2008

The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 5) Order 2008

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 1) (Northern Ireland) Order 2008

The Companies Act 2006 (Consequential Amendments etc) Order 2008

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2008

The Legislative Reform (Health and Safety Executive) Order 2008

The Sex Discrimination (Amendment of Legislation) Regulations 2008

Source: www.opsi.gov.uk

Sir Ken Macdonald: ‘We are determined to do more ourselves’ – The Times

Posted April 8th, 2008 in advocacy, Crown Prosecution Service, special report by sally

“It is a classic case of poacher- turned-gamekeeper — or in the case of Sir Ken Macdonald, perhaps the other way round. The Director of Public Prosecutions has embarked on a programme of taking on Crown Court trials — the stomping ground of his profession, the Bar. Instead of paying millions a year to private practice barristers, he wants more CPS advocates to take their own cases to court.”

Full story

The Times,

Source: www.timesonline.co.uk

Government changes mind on contract rules – OUT-LAW.com

Posted April 8th, 2008 in contracts, EC law, news, treaties by sally

“The UK Government wants to sign up to a European Regulation which would standardise how the law is applied in cross-border contractual disputes, it has said. The Regulation, known as Rome I, replaces existing rules governing such disputes.”

Full story

OUT-LAW.com, 7th April 2008

Source: www.out-law.com

How Mansfield dominated the Diana inquest – The Guardian

Posted April 8th, 2008 in barristers, inquests, royal family, special report by sally

“Michael Mansfield has been just where he likes to be throughout the six month inquest – in the centre of the spotlight. Stephen Bates reviews his latest courtroom performance.”

Full story

The Guardian, 8th April 2008

Source: www.guardian.co.uk

Lawyer took paralysed client’s £1.2m payout – The Times

Posted April 8th, 2008 in abuse of position of trust, news, sentencing, solicitors, theft by sally

“A solicitor who stole £1.25 million from a client left paralysed by a traffic accident was jailed yesterday for ten years for what the judge described as the ‘very worst breach of trust for a professional man’.”

Full story

The Times, 8th April 2008

Source: www.timesonline.co.uk

‘Sin bins’ fail to improve anti-social families – Daily Telegraph

Posted April 8th, 2008 in ASBOs, news by sally

“Plans to put disruptive families through expensive so-called sin bin programmes to improve their behaviour are proving a costly failure, it has been claimed.”

Full story

Daily Telegraph, 8th April 2008

Source: www.telegraph.co.uk

Jail threat for data thieves recedes – OUT-LAW.com

Posted April 8th, 2008 in data protection, news, punishment, theft by sally

“Plans to jail personal data thieves have been shelved due to a surprise amendment to a proposed new law. The new law will contain a clause threatening jail, but that clause will not be implemented.”

Full story

OUT-LAW.com, 7th April 2008

Source: www.out-law.com

Rastafarian temple drugs trial collapses – The Guardian

Posted April 8th, 2008 in drug offences, news, trials by sally

“A £100,000 cannabis-dealing trial, launched following a high-profile police raid on a Rastafarian temple in south London, has collapsed in legal confusion.”

Full story

The Guardian, 8th April 2008

Source: www.guardian.co.uk