Day: 17 July 2008
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
B, R. v [2008] EWCA Crim 1524 (17 July 2008)
Panesar, R. v [2008] EWCA Crim 1526 (17 July 2008)
Lunkov, R. v [2008] EWCA Crim 1525 (17 July 2008)
Court of Appeal (Civil Division)
Manton Securities Ltd v Nazam (t/a New Dadyal Cash and Carry) [2008] EWCA Civ 805 (17 July 2008)
GM (Eritrea) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 833 (17 July 2008)
MJ (Mother) and LB (Father) v Local Authority & Ors [2008] EWCA Civ 835 (17 July 2008)
High Court (Chancery Division)
Revenue and Customs v Khawaja [2008] EWHC 1687 (Ch) (17 July 2008)
High Court (Administrative Court)
Finn-Kelcey v Milton Keynes Council [2008] EWHC 1650 (Admin) (17 July 2008)
High Court (Commercial Court)
Equitas Ltd v Allstate Insurance Company [2008] EWHC 1671 (Comm) (17 July 2008)
High Court (Technology and Construction Court)
Galliford Try Infrastructure Ltd & Anor v Mott MacDonald Ltd [2008] EWHC 1570 (TCC) (17 July 2008)
Source: www.bailii.org
Homeowner faces compensation claim over ‘slippery’ step – Daily Telegraph
“A homeowner has been hit by a claim for compensation after a postwoman said she slipped and fell on a step outside his house.”
Daily Telegraph, 17th July 2008
Source: www.telegraph.co.uk
Court ‘vindicates’ McCann suspect – BBC News
“Madeleine McCann suspect Robert Murat says he feels ‘vindicated’ after reaching a £600,000 settlement from 11 British newspapers in a libel claim.”
BBC News, 17th July 2008
Source: www.bbc.co.uk
Carers win right to flexible working after Sharon Coleman wins discrimination case – The Times
“Britain’s six million carers won a landmark victory today when the European Court of Justice upheld the right of a woman who was denied time off work to look after her disabled son.”
The Times, 17th July 2008
Source: www.timesonline.co.uk
Britain ratifies Lisbon treaty – The Guardian
“Britain has officially ratified the controversial Lisbon treaty, it was announced today.”
The Guardian, 17th July 2008
Source: www.guardian.co.uk
Govt names first Legal Services Board members – Legal Week
“The Government has appointed the first-ever members of the Legal Services Board (LSB), with Financial Services Authority general counsel Andrew Whittaker and Irwin Mitchell senior partner Michael Napier QC among those to get the nod.”
Legal Week, 17th July 2008
Source: www.legalweek.com
Problems with email delivery of Current Awareness
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Daily Cause List, 18th July 2008
Source: www.hmcourts-service.gov.uk
Please note only the current day’s cause list will be accessible.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Allen & Ors v GMB [2008] EWCA Civ 810 (16 July 2008)
Strachey v Ramage [2008] EWCA Civ 804 (16 July 2008)
Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)
Allen, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 808 (15 July 2008)
High Court (Queen’s Bench Division)
Johnson v Luxcool Ltd & Ors [2008] EWHC 1591 (QB) (15 July 2008)
High Court (Chancery Division)
Lexi Holdings v Luqman & Anor [2008] EWHC 1639 (Ch) (16 July 2008)
IB4AI Llc v Auriel Capital [2008] EWHC 1571 (Ch) (23 June 2008)
High Court (Administrative Court)
E v The Governing Body of JFS & Anor [2008] EWHC 1665 (Admin) (16 July 2008)
Murphy v Media Protection Services Ltd [2008] EWHC 1666 (Admin) (16 July 2008)
Nobbs v Director of Public Prosecutions [2008] EWHC 1653 (Admin) (27 June 2008)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Council Tax Limitation (Maximum Amounts) (England) Order 2008
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008
The Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2008
The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008
The Ministerial and other Salaries Order 2008
The Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2008
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008
The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008
The Films Co-Production Agreements (Amendment) Order 2008
The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2008
The Merchant Shipping (Liner Conferences) (Gibraltar) (Repeal) Order 2008
The Air Navigation (Amendment) Order 2008
The European Communities (Designation) (No. 2) Order 2008
The Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008
The Army Terms of Service (Amendment etc.) Regulations 2008
The Childcare Act 2006 (Provision of Information) (Wales) (Amendment) Regulations 2008
The North East Wales National Health Service Trust (Dissolution) Order 2008
The Conwy and Denbighshire National Health Service Trust (Dissolution) Order 2008
The Education Act 2002 (Commencement No. 12) (Wales) Order 2008
The Education (National Curriculum) (Foundation Stage) (Wales) Order 2008
The Education (Disapplication of the National Curriculum for Wales at Key Stage 1) (Wales) Regulations 2008
The Education (School Day and School Year) (Wales) (Amendment) Regulations 2008
The Pigs (Records, Identification and Movement) (Wales) Order 2008
Source: www.opsi.gov.uk
Lord Mayor’s Dinner For The Judges – Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales
Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales (PDF)
Lord Mayor’s Dinner For The Judges, 15th July 2008
Source: www.judiciary.gov.uk
Practice Direction (Administrative Court: Uncontested proceedings) – Times Law Reports
Practice Direction (Administrative Court: Uncontested proceedings)
Queen’s Bench Division
“Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.”
The Times, 17th July 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 Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa – Times Law Reports
Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa
Court of Appeal (Criminal Division)
“A 12-month prison sentence for using a false passport was appropriate even though it had not been used to gain entry to the United Kingdom but in order to obtain work.”
The Times, 17th July 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.
Westcott v Westcott – WLR Daily
Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241
“A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”
WLR Daily, 16th July 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.
Uzinterimpex JSC v Standard Bank plc – WLR Daily
Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819; [2008] WLR (D) 240
“The general principle that damages in tort were to provide just compensation for the loss suffered in the particular circumstances of the case applied to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act.”
WLR Daily, 16th July 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.
Roberts v Gill & Co and another – WLR Daily
Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239
“Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”
WLR Daily, 16th July 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.
The Form of Judgments in Common Law Jurisdictions: A Comparison – Speech by The Rt Hon Lady Justice Arden DBE
The Form of Judgments in Common Law Jurisdictions: A Comparison (PDF)
Speech by The Rt Hon Lady Justice Arden DBE
Conference in honour of Lord Bingham, 20th June 2008
Source: www.judiciary.gov.uk
CPS publishes policy on prosecuting crimes against older people – Crown Prosecution Service
“The Director of Public Prosecutions, Sir Ken Macdonald, QC, said the Crown Prosecution Service was making clear to the public that it takes crime against older people seriously as a policy published today sets out how it handles these cases.”
Crown Prosecution Service, 15th July 2008
Source: www.cps.gov.uk
Juvenile informers are the answer to knife crime wave – The Times
“There is something very flawed about the Government’s response to knife crime. To be fair, none of the political parties has come up with an effective way of tackling the problem.”
The Times, 17th July 2008
Source: www.timesonline.co.uk