BAILII: Recent Decisions

Posted July 9th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

A v Hoare [2008] EWHC 1573 (QB) (08 July 2008)

Khairule v North West Strategic Health Authority [2008] EWHC 1537 (QB) (04 July 2008)

High Court (Administrative Division)

Associated British Ports v Hampshire County Council & Ors [2008] EWHC 1540 (Admin) (04 July 2008)

Source: www.bailii.org

More rapists will be convicted, promises Government – The Independent

Posted July 9th, 2008 in news, rape by sally

“The Government says it will increase the conviction rate for rape, one of the most under-reported crimes.”

Full story

The Independent, 9th July 2008

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted July 9th, 2008 in legislation by sally

The Land Registration (Electronic Conveyancing) Rules 2008

The Football Spectators (Seating) Order 2008

The Education (School Performance Information) (England) (Amendment) (No.2) Regulations 2008

The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008

The Childcare (Provision of Information About Young Children) (England) Regulations 2008

The Vehicles Crime (Registration of Registration Plate Suppliers) Regulations 2008

The Mental Health Act 2007 (Consequential Amendments) Order 2008

The Representation of the People (Northern Ireland) Regulations 2008

The Terrorism Act 2006 (Disapplication of Section 25) Order 2008

The Land Registration (Network Access) Rules 2008

Source: www.opsi.gov.uk

Family of teenager killed by cyclist call for change in law – Daily Telegraph

Posted July 9th, 2008 in bicycles, fines, news by sally

“The family of a teenager killed by a speeding cyclist have called for a change in the law after he walked free from court with just a ‘laughable’ fine.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Daily Cause List, 9th July 2008

Posted July 9th, 2008 in news by sally

Wednesday 9th July 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible.

AC-Treuhand AG v Commission of the European Communities (Case T-99/04) – WLR Daily

Posted July 9th, 2008 in competition, EC law, law reports by sally

AC-Treuhand AG v Commission of the European Communities (Case T-99/04); [2008] WLR (D) 229

“A consultancy firm which contributed actively and intentionally to a cartel between producers which were active on a market other than that on which the firm itself operated was liable for an infringement of article 81(1)EC, even though it was not a party to the agreement between the producers.”

WLR Daily, 8th 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.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch); [2008] WLR (D) 228

“Legislation concerning controlled foreign companies (CFC), which relied on ss 747 and 748 of the Income and Corporation Taxes Act 1988 for its effectiveness, was not compliant with European Community law and must be disapplied so that, pending such amending legislation or executive action, no charge could be imposed on a taxpayer company under that legislation.”

WLR Daily, 8th 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.

Regina v Porter – Times Law Reports

Posted July 9th, 2008 in health & safety, law reports, school children by sally

Regina v Porter

Court of Appeal (Criminal Division)

“The fact that a particular risk was a part of everyday life would go the issue whether a member of the public had been exposed to the risk in the conduct of an undertaking.”

The Times, 9th 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.

Gray v Thames Trains Ltd and Another – Times Law Reports

Gray v Thames Trains Ltd and Another

Court of Appeal

“A claimant, who, as a result of the defendant’s negligence, suffered depression which led him to kill someone, could recover damages for loss of earnings after he committed manslaughter so long as his claim was not inextricably linked to his criminal actions.”

The Times, 9th 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.

Madeleine McCann: Kate and Gerry’s fury at ‘club’ devoted to prosecuting them – Daily Telegraph

Posted July 9th, 2008 in missing persons, news by sally

“Gerry and Kate McCann have expressed their anger at the establishment of a fee-paying ‘club’ dedicated to seeing them prosecuted over the disappearance of their daughter Madeleine.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Call for specialist rape squads – BBC News

Posted July 9th, 2008 in news, police, rape by sally

“Every police force should set up a specialist squad to investigate rape allegations, a senior officer says.”

Full story

BBC News, 9th July 2008

Source: www.bbc.co.uk

Changes to prosecution witness anonymity rules may not save trials – The Times

Posted July 9th, 2008 in anonymity, news, witnesses by sally

“Prosecutions are at risk of not going ahead even if fast-track plans to allow witnesses anonymity in court are approved, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Legal Opinion: The debate on prison sentencing is now on a knife edge – The Indepdent

Posted July 9th, 2008 in news, sentencing, special report, violence by sally

“The call for automatic prison sentences to combat violence on our streets has become deafening in the past few weeks. But, pleads Robert Verkaik, Law Editor, politicians mustn’t act until they have considered the evidence.”

Full story

The Independent, 9th July 2008

Source: www.independent.co.uk

Schoolgirl jailed for theft from Freshfields – The Times

Posted July 9th, 2008 in law firms, news, theft by sally

“Within three days of joining Freshfields, a schoolgirl on work experience forged her boss’s signature onto 11 cheques.”

Full story

The Times, 8th July 2008

Source: www.timesonline.co.uk

Woman wrongly branded a violent alcoholic must give fingerprints, says CRB – Daily Telegraph

Posted July 9th, 2008 in criminal records, fingerprints, news by sally

“A woman wrongly branded a violent alcoholic and drug addict by the Criminal Records Bureau has been told she will have to allow police to take her fingerprints if she wants to clear her name.”

Full story

Daily Telegraph, 8th July 2008

Source: www.telegraph.co.uk

Father kills himself in dock after guilty verdict – Daily Telegraph

Posted July 8th, 2008 in assault, child abuse, news, suicide by sally

“An abusive father killed himself in the dock of a court after being found guilty of a brutal assault on his baby daughter.”

Full story

Daily Telegraph, 8th July 2008

Source: www.telegraph.co.uk

Inquiry over ‘wrong’ armed arrest – BBC News

Posted July 8th, 2008 in firearms, mistaken identity, news, police by sally

“Three police forces are to be investigated after armed police ordered a man to lie face-down at a railway station in a case of mistaken identity.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

Constitutional Justice: lessons from Magna Carta – Speech by Sir Anthony Clarke

Posted July 8th, 2008 in constitutional law, judicial review, speeches by sally

Constitutional Justice: lessons from Magna Carta (PDF)

Speech by Sir Anthony Clarke, Master of the Rolls at Royal Holloway, University of London, 16th June 2008

Source: www.judiciary.gov.uk

Judge jails kill threat murderer – BBC News

Posted July 8th, 2008 in murder, news, sentencing by sally

“A judge has jailed a murderer who 24 hours earlier had threatened to escape custody and kill him.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

New Lord Chief Justice should speak up – The Times

Posted July 8th, 2008 in judiciary, special report by sally

“Sir Igor Judge’s job demands that he flag up legal pitfalls of proposed legislation before it reaches the statute book.”

Full story

The Times, 8th July 2008

Source: www.timesonline.co.uk