Ombudsman quits prisoner inquiry – BBC News

Posted June 26th, 2008 in inquiries, news, prisons by sally

“The Prisons and Probation Ombudsman has quit an inquiry into the treatment of a teenage prisoner, blaming the Prison Service for unacceptable restrictions.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Higgs v R [2008] EWCA Crim 1324 (24 June 2008)

M & Anor, R. v [2008] EWCA Crim 1249 (23 May 2008)

Coupe, R. v [2008] EWCA Crim 1210 (23 May 2008)

Morgan v R. [2008] EWCA Crim 1323 (20 June 2008)

Smith & Ors v R [2008] EWCA Crim 1342 (25 June 2008)

Ilyas v Aylesbury Vale District Council [2008] EWCA Crim 1303 (19 June 2008)

High Court (Chancery Division)

Ardentia Ltd. v British Telecommunications Plc [2008] EWHC B12 (Ch) (19 June 2008)

Lancore Services Ltd v Barclays Bank Plc [2008] EWHC 1264 (Ch) (25 June 2008)

Cerascope Ltd & Anor v [2008] EWHC B9 (Ch) (25 June 2008)

Barron v Woodhead & Anor [2008] EWHC B10 (Ch) (25 June 2008)

High Court (Queen’s Bench Division)

Boustead v North West Strategic Health Authority [2008] EWHC B11 (QB) (16 June 2008)

Chilli Developments Ltd v The Commission for the New Towns (Known as English Partnerships) & Anor [2008] EWHC 1310 (QB) (18 June 2008)

Photolibrary Group Ltd (t/a Garden Picture Library) & Ors v Burda Senator Verlag GmbH & Ors [2008] EWHC 1343 (QB) (18 June 2008)

Basic Solutions Ltd v Sands [2008] EWHC 1388 (QB) (23 June 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Wychavon District Council v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 692 (23 June 2008)

Roudham and Larling Parish Council, R (on the application of) v Breckland Council [2008] EWCA Civ 714 (25 June 2008)

Gray v Thames Trains Ltd & Anor (Rev 1) [2008] EWCA Civ 713 (25 June 2008)

High Court (Administrative Court)

Weaver, R (on the application of) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) (24 June 2008)

O’Neil, R (on the application of) v Independent Adjudicator & Anor [2008] EWHC 1371 (Admin) (03 June 2008)

Mitchell, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1370 (Admin) (03 June 2008)

Khan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1367 (Admin) (04 June 2008)

General Medical Council, R (on the application of) v George [2008] EWHC 1337 (Admin) (06 June 2008)

Wheeler, R (on the application of) v Office of the Prime Minister & Anor [2008] EWHC 1409 (Admin) (25 June 2008)

M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) (20 June 2008)

A v Secretary of State for the Home Department [2008] EWHC 1382 (Admin) (23 June 2008)

High Court (Technology and Construction Court)

Owen Pell Ltd v Bindi (London) Ltd [2008] EWHC 1420 (TCC) (19 May 2008)

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd [2008] EWHC 1391 (TCC) (13 June 2008)

Balcombe Group Plc v London Developement Agency [2008] EWHC 1392 (TCC) (24 June 2008)

Drummond v Pool Design Ltd [2008] EWHC 1438 (TCC) (13 June 2008)

Diamond Build Ltd v Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) (25 June 2008)

Source: www.bailii.org

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

Posted June 26th, 2008 in housing, judicial review, law reports by sally

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th June 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.

Commune de Mesquer v Total France SA and another – WLR Daily

Posted June 26th, 2008 in EC law, law reports, waste by sally

Commune de Mesquer v Total France SA and another (Case C-188/07); [2008] WLR (D) 206

“When heavy fuel oil, produced during the refinement of crude oil, was discharged from a ship at sea, the producer of the oil, as well as the seller of the oil and the charterer of the ship, could be held liable for the cost of disposing of pollution on the coast caused by the oil.”

WLR Daily, 25th June 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.

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

WLR Daily, 25th June 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.

R v Wood – WLR Daily

Posted June 26th, 2008 in alcoholism, criminal responsibility, law reports, murder by sally

R v Wood [2008] EWCA Crim 1305; [2008] WLR (D) 204

“In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome.”

WLR Daily, 25th June 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.

EB (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203

“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 25th June 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.

Chikwamba v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, human rights, law reports by sally

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

WLR Daily, 25th June 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.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2008 in asylum, human rights, law reports by sally

Chikwamba v Secretary of State for the Home Department

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th June 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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th June 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.

Transport for London Act 2008

Posted June 26th, 2008 in legislation, London, transport by sally

Transport for London Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Brady challenged to find Bennett – BBC News

Posted June 26th, 2008 in murder, news, victims by sally

“Moors murderer Ian Brady has been challenged by a lawyer to help police find the body of Keith Bennett.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

Harman defends positive discrimination plans – The Independent

Posted June 26th, 2008 in equality, news by sally

“The Equality Minister Harriet Harman today defended controversial plans to encourage firms to discriminate in favour of female and ethnic minorities job candidates.”

Full story

The Independent, 26th June 2008

Source: www.independent.co.uk

‘This was the way these mothers won justice’ – The Times

Posted June 26th, 2008 in anonymity, murder, special report, witnesses by sally

“When Jacqui Smith heard last week that the judiciary had effectively outlawed courtroom protection for witnesses, she thought of her conversations with the mothers of Letisha Shakespeare and Charlene Ellis.”

Full story

The Times, 25th June 2008

Source: www.timesonline.co.uk

Woman trampled by cows sues farmer for £1 million damages – Daily Telegraph

Posted June 26th, 2008 in animals, damages, news, personal injuries by sally

“A businesswoman who was trampled by cows as she walked through a field is suing the farmer who owns the herd for £1 million.”

Full story

Daily Telegraph, 25th June 2008

Source: www.telegraph.co.uk

The last-minute surprise that is ‘maintaining consumer confidence’ – The Times

Posted June 26th, 2008 in financial regulation, special report by sally

“Proper consultation is the rock upon which good regulation is founded. And for the Financial Services Authority, consultation is in its DNA. So when it does the unthinkable and drops a bombshell without warning or discussion — as last week with the announcement of the Short Selling Instrument — people are bound to be left shellshocked and confused, especially if they are lawyers under pressure from clients to advise on what needs to be done.”

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

When crime is used as an excuse – BBC News

Posted June 26th, 2008 in defence, juries, murder, news by sally

“Three men who took part in the brutal murder of special constable Nisha Patel-Nasri, have been jailed for life.”

Full story

BBC News, 25th June 2008

Source: www.bbc.co.uk

Law ‘will ban age discrimination’ – BBC News

Posted June 26th, 2008 in age discrimination, news by sally

“The government is to bring forward new legislation to outlaw all forms of age discrimination, the BBC has learned.”

Full story

BBC News, 25th June 2008

Source: www.bbc.co.uk

Employers ‘should publish salaries to cut gender wage gap’ – Daily Telegraph

Posted June 26th, 2008 in equal pay, news by sally

“Employers should disclose information about workers’ salaries to help narrow the pay gap between men and women, the Government will say today.”

Full story

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk