BAILII: Recent Decisions

Posted June 3rd, 2008 in law reports by sally

High Court (Chancery Division)

Transview Properties Ltd v City Site Properties Ltd [2008] EWHC 1221 (Ch) (03 June 2008)

High Court (Queen’s Bench Division)

Nicholson v Knox Ukiwa & Co (a firm) & Anor [2008] EWHC 1222 (QB) (02 June 2008)

Source: www.bailii.org

42-day detention: Smith reveals details of new safeguards – The Guardian

Posted June 3rd, 2008 in detention, news, terrorism by sally

“Jacqui Smith today revealed new details of the government’s plans to introduce safeguards in its controversial legislation to detain terror suspects for up to 42 days.”

Full story

The Guardian, 3rd June 2008

Source: www.guardian.co.uk

Police did not breach rights when photographing protester – OUT-LAW.com

Posted June 3rd, 2008 in demonstrations, news, police, privacy by sally

“Police-ordered photography of an anti-arms trade protester did not breach the protester’s privacy rights, the High Court has ruled. It is one of the few times that such alleged intrusion by the state rather than the media has been the subject of a UK ruling.”

Full story

OUT-LAW.com, 2nd June 2008

Source: www.out-law.com

15th Australian Institute of Judicial Administration Oration “Courts Governance” – Speech by Lord Phillips of Worth Matravers

Posted June 3rd, 2008 in courts, judiciary, speeches by sally

15th Australian Institute of Judicial Administration Oration “Courts Governance” (PDF)

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales

Federal Court of Australia, 30th May 2008

Source: www.judiciary.gov.uk

Justice Minister supports community sentences to cut crime – Ministry of Justice

Posted June 3rd, 2008 in news, sentencing by sally

“Tough community sentences have a real impact on reducing crime and preventing offenders from reoffending said David Hanson MP today launching a new document outlining the impact of strong community punishments.”

Full story

Ministry of Justice, 3rd June 2008

Source: www.justice.gov.uk

Related link: Community Sentencing – Reducing Reoffending, Changing Lives (PDF)

Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc – WLR Daily

Posted June 3rd, 2008 in charterparties, environmental protection, law reports by sally

Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc [2008] EWCA Civ 584; [2008] WLR (D) 176

“Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty.”

WLR Daily, 2nd 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.

Kapur v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Posted June 3rd, 2008 in law reports, patents by sally

Kapur v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The exclusion within section 1(2)(c) of the Patents Act 1977 stating that schemes rules and methods for performing mental acts were not to be regarded as inventions should be construed narrowly. What should be considered was whether a claim actually covered a purely mental implementation of a claimed invention.”

The Times, 3rd 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.

Practice Statement (House of Lords: Appearance of counsel) – Times Law Reports

Posted June 3rd, 2008 in barristers, law reports, practice directions by sally

Practice Statement (House of Lords: Appearance of counsel)

House of Lords

“The House of Lords (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Phillips of Worth Matravers, Lord Carswell and Lord Brown of Eaton-under-Heywood) reminded counsel on May 22, 2008, of the rule, which appeared to be less well known than it had been, as to their appearance in the House.”

The Times, 3rd 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.

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency – Times Law Reports

Posted June 3rd, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency

Court of Appeal

“A Belgian road haulier’s licence empowered a licensed haulier to engage in temporary road haulage in the United Kingdom but any full-time operation in the UK was illegal without a current licence granted by the UK licensing authority.”

The Times, 3rd 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.

Asbestos compensation case begins – BBC News

Posted June 3rd, 2008 in asbestos, compensation, industrial injuries, news by sally

“A legal battle over compensation for asbestos victims is due to begin.”

Full story

BBC News, 3rd June 2008

Source: www.bbc.co.uk

Smoker wins £20,000 battle with Customs – Daily Telegraph

Posted June 3rd, 2008 in customs and excise, news by sally

“A former landscape gardener, accused of smuggling tobacco in his car from Belgium, has won a £20,000 legal battle with Customs officials to get the vehicle back.”

Full story

Daily Telegraph, 2nd June 2008

Source: www.telegraph.co.uk

Change to birth laws means an end to ‘fatherless’ children – The Times

Posted June 3rd, 2008 in birth certificates, news, paternity by sally

“All fathers will be required to sign their baby’s birth certificate under a change in the law designed to ensure that both parents are involved in a child’s life.”

Full story

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Ministers sense terror vote shift – BBC News

Posted June 3rd, 2008 in detention, news, terrorism by sally

“Confidence is growing among ministers that the threat of a government defeat over plans to extend detention without charge of terror suspects is receding.”

Full story

BBC News, 3rd June 2008

Source: www.bbc.co.uk

Office of Fair Trading raids bank offices as part of price-fixing inquiry – The Times

Posted June 3rd, 2008 in banking, news, price fixing by sally

“The Office of Fair Trading conducted a series of dawn raids at offices of Barclays and Royal Bank of Scotland (RBS) as part of an investigation into price-fixing on loans to lawyers and accountancy firms.”

Full story

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Complaint over British role in extraordinary rendition – The Guardian

Posted June 3rd, 2008 in detention, Diego Garcia, freedom of information, news, terrorism, torture by sally

“A complaint was made yesterday to the information commissioner about the government’s behaviour over the use of the British island of Diego Garcia for the rendition of US prisoners.”

Full story

The Guardian, 3rd June 2008

Source: www.guardian.co.uk

EU human rights chief renews attack on 42-day detention plan – The Guardian

Posted June 2nd, 2008 in detention, human rights, news, terrorism by sally

“Allowing terrorist suspects to be held without charge for up to 42 days in the UK could encourage other EU countries to pass similar legislation, Europe’s human rights commissioner said today.”

Full story

The Guardian, 2nd June 2008

Source: www.guardian.co.uk

Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted June 2nd, 2008 in appeals, extradition, law reports, time limits by sally

Moulai v Deputy Public Prosecutor, Creteil

Queen’s Bench Divisional Court

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an extradition order.”

The Times, 2nd 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.

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd

Court of Appeal

“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”

The Times, 2nd 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.

MO (Nigeria) v Secretary of State for Home Department – Times Law Reports

Posted June 2nd, 2008 in doctors, immigration, law reports by sally

MO (Nigeria) v Secretary of State for Home Department

Court of Appeal

“Where no transitional provisions existed, applications made under a previous regime of rules would be adjudged under the current replacement rules.”

The Times, 2nd 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.

Government launches first ever national service framework for female offenders – Ministry of Justice

Posted June 2nd, 2008 in criminal justice, news, women by sally

“Ministerial Champion for Women in the Criminal Justice System, Maria Eagle MP, today launched a framework setting out the national strategy for delivering services to female offenders.”

Full story

Ministry of Justice, 30th May 2008

Source: www.justice.gov.uk