BAILII: Recent Decisions

Posted May 16th, 2008 in law reports by sally

High Court (Administrative Court)

Corporate Officer of the House of Commons v The Information Commissioner & Ors [2008] EWHC 1084 (Admin) (16 May 2008)

Risk Management Partners Ltd v The London Borough of Brent [2008] EWHC 1094 (Admin) (16 May 2008)

The Director of the Assets Recovery Agency v Gale & Ors [2008] EWHC 1095 (Admin) (16 May 2008)

High Court (Technology and Construction Court)

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg (Uk Productions) [2008] EWHC 1087 (TCC) (16 May 2008)

Source: www.bailii.org

Torture payout bill moves forward – BBC News

Posted May 16th, 2008 in damages, news, state immunity, torture by sally

“A new law which would allow victims of torture to sue torturers in UK courts is being considered by Parliament.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Raising school leaving age to 18 ‘could breach human rights’ – The Guardian

Posted May 16th, 2008 in education, human rights, news by sally

“Making it illegal for children aged 16 to 18 to leave school could be a breach of their human rights, a parliamentary committee said today, creating yet another embarrassment for Gordon Brown.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

Rebel MPs try to block 42-day detention plans – The Guardian

Posted May 16th, 2008 in detention, news, terrorism by sally

“Rebel Labour MPs today tabled an amendment to the counter-terrorism bill that could block Gordon Brown’s attempts to extend the detention without charge limit to 42 days.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

Thinc Group financial advisers fined record £900,000 by FSA – The Times

Posted May 16th, 2008 in financial regulation, fines, mortgages, news by sally

“The Financial Services Authority (FSA) has levied a record £900,000 fine on one of the biggest independent financial adviser (IFA) groups for serious failures in selling sub-prime mortgages.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk

Student son’s right to privacy – The Times

Posted May 16th, 2008 in data protection, news, universities by sally

“A university lecturer who wrote to an undergraduate’s mother to outline details of the student’s studies has been reprimanded for breaching data protection rules.”

Full story

The Times, 15th May 2008

Source: www.timesonline.co.uk

Shifting sands – Law Society’s Gazette

Posted May 16th, 2008 in law centres, special report by sally

“Time may be running out for the pioneering law centres movement, born 40 years ago at the high point of 1960s idealism. Jon Robins reports on the sector’s struggle for survival.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

Naked Ugg boot ram-raider jailed – BBC News

Posted May 16th, 2008 in burglary, news, road traffic offences, sentencing by sally

“A man who ram-raided a supermarket dressed in only a pair of Ugg boots has been jailed for four years.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

MPs’ expenses: extracts from the judgment – The Guardian

Posted May 16th, 2008 in expenses, news, parliament by sally

“Extracts from the high court judgment today ordering the publication of full details of the expenses claimed by 14 MPs and ex-MPs relating to their second homes.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

MPs lose legal fight to keep expenses secret – The Independent

Posted May 16th, 2008 in expenses, news, parliament by sally

“The House of Commons has lost its High Court battle over an information watchdog’s decision to force disclosure of MPs’ expenses.”

Full story

The Independent, 16th May 2008

Source: www.independent.co.uk

Bamber told he will die in prison – BBC News

Posted May 16th, 2008 in murder, news, sentencing by sally

“A killer convicted of murdering five members of his family has been told he will die in jail.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted May 16th, 2008 in legislation by sally

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (New Zealand) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Slovenia) Order 2008

The Immigration and Nationality (Fees) (Amendment No. 2) Regulations 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted May 16th, 2008 in legislation by sally

Court of Appeal (Criminal Division)

Raphael & Anor, R v [2008] EWCA Crim 1014 (13 May 2008)

Brind & Ors, R v [2008] EWCA Crim 934 (16 April 2008)

Court of Appeal (Civil Division)

Coyne & Anor v DRC Distribution Ltd & Anor [2008] EWCA Civ 488 (15 May 2008)

SK (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 495 (15 May 2008)

High Court (Chancery Division)

Masood & Ors v Zahoor & Ors [2008] EWHC 1034 (Ch) (14 May 2008)

High Court (Queen’s Bench Division)

Legal Services Commission v Banks & Anor [2008] EWHC 1035 (QB) (14 May 2008)

Blass v Randall [2008] EWHC 1007 (QB) (14 May 2008)

Peters v East Midlands Strategic Health Authority & Ors [2008] EWHC 778 (QB) (12 May 2008)

High Court (Commercial Court)

Steamship Mutual Underwriting Association (Bermuda) Ltd v Sulpicio Lines Inc [2008] EWHC 914 (Comm) (04 April 2008)

High Court (Patents Court)

Dyson Technology Ltd. v Samsung Gwangju Electronics [2007] EWHC 3228 (Pat) (05 December 2007)

Source: www.bailii.org

‘Associate Prosecutors’ given green light – Attorney General’s Office

Posted May 16th, 2008 in Crown Prosecution Service, news by sally

“Speaking at the Institute of Legal Executives’ (ILEX) the Attorney General, Baroness Scotland QC, announced that the Crown Prosecution Services’ Designated Case Workers will now be known as Associate Prosecutors – a name that they themselves helped to select.”

Press release (PDF)

Attorney General’s Office, 15th May 2008

Source: www.attorneygeneral.gov.uk

R (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 16th, 2008 in asylum, human rights, law reports by sally

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 2008

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.

Regina v Nguyen – Times Law Reports

Posted May 16th, 2008 in bad character, evidence, law reports by sally

Regina v Nguyen

Court of Appeal (Criminal Division)

“Where the Crown chose to rely on relevant bad character evidence which it had decided not to make the subject of a criminal charge, that could not have such an adverse effect on the fairness of the proceedings that the court ought not to admit such evidence.”

The Times, 16th May 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.

Regina v Kempster – Times Law Reports

Posted May 16th, 2008 in evidence, forensic science, law reports by sally

Regina v Kempster

Court of Appeal (Criminal Division)

“Evidence of those experienced in comparing ear-prints was capable of being relevant and admissible but such comparison would provide information which could identify the person who had left it on a surface only when sufficient minutiae could be identified and matched.”

The Times, 16th May 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.

Family barrister ‘exodus’ fears – Law Society’s Gazette

Posted May 16th, 2008 in barristers, family courts, fees, news by sally

“Proposed fee cuts for family law barristers that would bring them in line financially with solicitors will lead to a ‘massive exodus’ of experienced advocates, the Association of Lawyers for Children (ALC) has warned.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

Deportation dispute man leaves UK – BBC News

Posted May 16th, 2008 in immigration, news by sally

“Campaigners for a Filipino man who lost his fight to stay in the UK after his wife died are hoping to persuade the Home Office to look again at his case.”

Full story

BBC News, 15th May 2008

Source: www.bbc.co.uk

Court to rule on disclosure of MPs’ expenses – The Independent

Posted May 16th, 2008 in expenses, news, parliament by sally

“The High Court will rule today on whether the House of Commons has won its bid to overturn an information watchdog’s decision to force disclosure of MPs’ expenses.”

Full story

The Independent, 16th May 2008

Source: www.independent.co.uk