BAILII: Recent Decisions

Posted November 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Sangha & Ors, R. v [2008] EWCA Crim 2562 (18 November 2008)

Whittle & Ors, R. v [2008] EWCA Crim 2560 (14 November 2008)

Headlam & Ors, R. v [2008] EWCA Crim 2578 (10 October 2008)

High Court (Chancery Division)

Reid (Formerly Trading As Reid Minty) v Edwards & Ors [2008] EWHC 2722 (Ch) (07 November 2008)

Samad v Thompson & Anor [2008] EWHC 2809 (Ch) (18 November 2008)

High Court (Administrative Court)

S, R (on the application of) v West Mercia Constabulary & Anor [2008] EWHC 2811 (Admin) (18 November 2008)

High Court (Commercial Court)

Aspen Insurance UK Ltd & Ors v Pectel Ltd [2008] EWHC 2804 (Comm) (18 November 2008)

Club Cruise Entertainment and Travelling Services Europe BV v The Department for Transport [2008] EWHC 2794 (Comm) (18 November 2008)

High Court (Patents Court)

Blacklight Power Inc v The Comptroller-General of Patents [2008] EWHC 2763 (Pat) (18 November 2008)

Source: www.bailii.org

300,000 UK visas ‘wrongly issued’ – BBC News

Posted November 18th, 2008 in immigration, news, visas by sally

“An estimated 300,000 visas giving foreigners the right to come to Britain may have been wrongly approved every year, a committee of MPs has been told.”

Full story

BBC News, 18th November 2008

Source: www.bbc.co.uk

Cuts and the Courts – BBC News

Posted November 18th, 2008 in courts, Ministry of Justice, news by sally

“The Ministry of Justice is seeking to save over £1 billion over the next three years.”

Full story

BBC News, 18th November 2008

Source: www.bbc.co.uk

Judge defends her memoir of abuse – BBC News

Posted November 18th, 2008 in defamation, news by sally

“A London judge has defended her memoir detailing a childhood of cruelty and neglect, which was published in 2006.”

Full story

BBC News, 18th November 2008

Source: www.bbc.co.uk

Broker escapes jail over forged FSA applications – The Times

Posted November 18th, 2008 in financial advice, financial regulation, forgery, news, prosecutions by sally

“The first person to be prosecuted by the Financial Services Authority (FSA) over falsifying an application for authorisation to sell financial products has been given a suspended sentence.”

Full story

The Times, 18th November 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 18th, 2008 in news by sally

Court of Appeal (Civil Division)

Peakman v Linbrooke Services Ltd [2008] EWCA Civ 1239 (13 November 2008)

H v Tomlinson [2008] EWCA Civ 1258 (13 November 2008)

High Court (Technology and Construction Court)

Allen Wilson Joinery Ltd v Privetgrange Construction Ltd [2008] EWHC 2802 (TCC) (17 November 2008)

Fosse Motor Engineers Ltd & Ors v Conde Nast & National Magazine Distributors Ltd & Ors [2008] EWHC 2527 (TCC) (30 September 2008)

Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH & Ors [2008] EWHC 2657 (TCC) (31 October 2008)

Source: www.bailii.org

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Posted November 18th, 2008 in fees, judicial review, law reports, protective costs orders by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th November 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 to unveil new laws to protect vulnerable children – The Guardian

Posted November 18th, 2008 in child abuse, news, social services by sally

“No government reforms can ‘make good the evil’ that happened to Baby P, the children’s secretary, Ed Balls, said today.”

Full story

The Guardian, 18th November 2008

Source: www.guardian.co.uk

Peers win concession on offset limits in climate bill – The Guardian

Posted November 18th, 2008 in bills, climate change, emissions trading, environmental protection, news by sally

“The government last night moved to tighten its commitment to the 80% reduction of carbon emissions by the year 2050, introducing a safeguard that a limit be placed on reductions achieved by buying international offsetting credits.”

Full story

The Guardian, 18th November 2008

Source: www.guardian.co.uk

Pc fined over abusive Facebook postings – Daily Telegraph

Posted November 18th, 2008 in disciplinary procedures, internet, news, police, professional conduct by sally

“A policeman who posted abusive comments on a website, which appeared to condone the use of violence, has been fined by his force.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Mike Pullen: ‘Companies need to take competition law seriously’ – The Times

Posted November 18th, 2008 in competition, news by sally

“DLA’s head of competition, who was born on a fairground, says that competition watchdogs will only get more active.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Asylum-seeker charities are just playing the system, says Woolas – The Guardian

Posted November 18th, 2008 in asylum, news by sally

“Immigration minister Phil Woolas has attacked lawyers and charities working on behalf of asylum seekers, accusing them of undermining the law and ‘playing the system’. In an interview with the Guardian, Woolas described the legal professionals and NGO workers as ‘an industry’, and said most asylum seekers were not fleeing persecution but were economic migrants.”

Full story

The Guardian, 18th November 2008

Source: www.guardian.co.uk

Daily Cause List, 18th November 2008

Posted November 18th, 2008 in news by sally

Tuesday 18th November 2008

Source: www.hmcourts-service.gov.uk

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

Judge orders Total to make ‘generous’ offer to Buncefield victims – The Times

Posted November 18th, 2008 in accidents, compensation, fire, news, personal injuries by sally

“Hundreds of victims of the Buncefield fire moved closer to an initial payout today after a judge instructed the oil depot’s operator to make them a ‘sensible and generous’ offer.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Mother to get answers over daughter’s rape and murder – Daily Telegraph

Posted November 18th, 2008 in murder, news, rape by sally

“An inquest is to be opened into the death of a woman murdered by a convicted rapist who had used the Human Rights Act to convince a panel he should be freed from jail.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Warning over fixed penalty notices for violent crimes – The Times

Posted November 18th, 2008 in news, penalties, violence by sally

“Magistrates gave warning yesterday that the criminal justice system is being ‘undermined’ because thousands of serious offences are being processed by police using fixed penalty notices away from public scrutiny.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Senior judge wants top court to avoid crime – Daily Telegraph

Posted November 18th, 2008 in appeals, criminal justice, news, Supreme Court by sally

“A member of the Court of Appeal has argued that only rare or occasional criminal cases should be heard by the new Supreme Court because its judges are too out of touch.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Judges’ report backs US-style plan that give lawyers a cut of damages – The Times

Posted November 18th, 2008 in damages, fees, legal profession by sally

“A report seen by The Times supports the adoption of US-style contingency deals in which lawyers take their fees out of damages won for clients.”

Full story

The Times, 18th November 2008

Source: www.timesonline.co.uk

Met defends stop-and-search tactics as it claims limited success in reducing knife crime – The Guardian

Posted November 18th, 2008 in news, offensive weapons, police, stop and search by sally

“The Metropolitan police yesterday claimed a limited success in the fight against knife crime, citing a 12% fall in incidents since May, but at the price of long-term resentment over the widespread use of stop-and-search needed to achieve it.”

Full story

The Guardian, 18th November 2008

Source: www.guardian.co.uk

Court cuts ‘compromising judges’ – BBC News

Posted November 18th, 2008 in confiscation, fines, news by sally

“A leading judge has told the BBC he fears a conflict of interest as courts increasingly depend on income from fines and confiscations to operate.”

Full story

BBC News, 18th November 2008

Source: www.bbc.co.uk