BAILII : Recent Decisions

Posted January 23rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ammah v Kuehne+Nagal Logistics Ltd [2009] EWCA Civ 11 (22 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

A, R (on the application of) v Coventry City Council [2009] EWHC 34 (Admin) (22 January 2009)   

Pounder, R (on the application of) v HM Coroner for the North & South Districts of Durham & Darlington & Ors [2009] EWHC 76 (Admin) (22 January 2009)

Hill, R (on the application of) v Social Security Commissioner & Anor [2009] EWHC 33 (Admin) (22 January 2009)

High Court (Chancery Division)

HM Revenue and Customs v Trustees of the Nelson Dance Family Settlement [2009] EWHC 71 (Ch) (22 January 2009)

High Court (Family Division)

G v A [2009] EWHC 11 (Fam) (20 January 2009)

High Court (Patents Court)

Dyson Technology Ltd v Samsung Gwangju Electronics Co Ltd [2009] EWHC 55 (Pat) (22 January 2009)

High Court (Queen’s Bench Division)

Manning v King’s College Hospital NHS Trust [2009] EWHC 75 (QB) (22 January 2009)

Lord-Castle v Director of Public Prosecutions [2009] EWHC 87 (QB) (23 January 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 23rd, 2009 in legislation by sally

The Energy Act 2008 (Commencement No. 1 and Savings) Order 2009

The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) Order 2009

The A52 Trunk Road (A46 Newark to Widmerpool Improvement and Slip Roads) Order 2009

The A52 Trunk Road (A46 Newark to Widmerpool Improvement and Slip Roads) (Detrunking) Order 2009

The Counter-Terrorism Act 2008 (Commencement No. 2) Order 2009

Source: www.opsi.gov.uk

Regina (F) v Secretary of State for Justice – Times Law Reports

Posted January 23rd, 2009 in law reports, proportionality, sentencing, sexual offences by sally

Regina (F) v Secretary of State for Justice
Regina (Thompson) v Secretary of State for the Home Department

Queen’s Bench

“In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life.”

The Times, 23rd January 2009

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 (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted January 23rd, 2009 in care workers, human rights, law reports by sally

Regina (Wright and Others) v Secretary of State for Health and Another

House of Lords

“The procedure of effectively banning care workers from working with vulnerable people, without giving them an opportunity to answer any allegations of unsuitability, was incompatible with the right to a fair hearing under article 6 of the European Convention on Human Rights.”

The Times, 23rd January 2009

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.

European regulation on law applicable to contractual obligations (Rome I) – Ministry of Justice

Posted January 23rd, 2009 in conflict of laws, contracts, EC law, press releases by sally

“Justice Minister Lord Bach has made a statement announcing the UK’s participation in the European Community regulation on the law applicable to contractual obligations (Rome I).”

Full press release

Ministry of Justice, 22nd January 2009

Source: www.justice.gov.uk

Court of Appeal contributes to public confidence in the Criminal Justice System – Judiciary of England and Wales

Posted January 23rd, 2009 in appeals, criminal justice, press releases, statistics by sally

“Fewer than 1% of all convictions in the Crown Court and just 1.3% of sentences are successfully appealed in the Court of Appeal, which should increase public confidence in the criminal justice system.”

Full press release

Judiciary of England and Wales, 19th January 2009

Source: www.judiciary.gov.uk

Hospital at fault over baby death – BBC News

Posted January 23rd, 2009 in compensation, hospitals, nationalisation, news by sally

“A couple from Worcestershire have received a five-figure pay out after hospital staff missed warning signs that led to their baby’s death.”

Full story 

BBC News, 22nd January 2009

Source: www.bbc.co.uk

Firm to pay price of trainee sacking – Law Society’s Gazette

Posted January 23rd, 2009 in dismissal, news, Solicitors Regulation Authority, trainee solicitors by sally

“Firms that sack a trainee without the agreement of the Solicitors Regulation Authority could find themselves liable for hefty damages, a landmark employment tribunal decision suggests.”

Full story

Law Society’s Gazette, 22nd January 2009

Source: www.lawgazette.co.uk

Husband killer fights nursing ban – BBC News

Posted January 23rd, 2009 in domestic violence, homicide, news, nurses by sally

“A 61-year-old woman from Kent who admitted killing her estranged husband with an axe is fighting a decision to strike her off the nurses’ register.”

Full story 

BBC News, 23rd January 2009

Source: www.bbc.co.uk

Fears over stop and search powers – BBC News

Posted January 23rd, 2009 in news, stop and search by sally

“Metropolitan Police officers are stopping and searching too many innocent people using powers designed for fighting terrorism, it is claimed.”

Full story

BBC News, 23rd January 2009

Source: www.bbc.co.uk

Woman who let son, three, smoke is sentenced – The Guardian

Posted January 23rd, 2009 in child neglect, news by sally

“A mother who let her three-year-old son smoke a cigarette butt while she talked on the telephone was given a suspended sentence yesterday.”

Full story

The Guardian, 23rd January 2009

Source: www.guardian.co.uk

Straw and Hain censured over donations – The Independent

Posted January 23rd, 2009 in news, political parties by sally

“Jack Straw, the Justice Secretary, and the former cabinet minister Peter Hain received embarrassing rebukes from anti-sleaze watchdogs yesterday over their failure to register donations.”

Full story

The Independent, 23rd January 2009

Source: www.independent.co.uk

Steven Gerrard to appear in court following alleged nightclub attack – Daily Telegraph

Posted January 23rd, 2009 in assault, news by sally

“England star Gerrard, 28, is due to appear at North Sefton Magistrates’ Court, in Southport after part-time disc jockey Marcus McGee was allegedly left with bruises and a missing tooth after a fight in the town’s Lounge Club on December 29.”

Full story 

Daily Telegraph, 23rd Janaury 2009

Source: www.telegraph.co.uk

Gypsies on greenbelt site face eviction after court ruling – The Guardian

Posted January 23rd, 2009 in news, travellers by sally

“More than 100 Gypsy families living illegally on greenbelt land in Essex were yesterday told they would be evicted after a senior judge ruled that allowing them to stay would encourage others to follow their lead.”

Full story

The Guardian, 23rd January 2009

Soure: www.guardian.co.uk

Asylum system not coping with backlog of cases, says watchdog – The Guardian

Posted January 23rd, 2009 in asylum, news by sally

“The asylum system is developing a backlog of new cases that threaten to undermine efforts to clear an existing bank of more than 200,000 ‘legacy cases’, some dating back more than 10 years, a Whitehall spending watchdog warns today.”

Full story

The Guardian, 23rd January 2009

Source: www.guardian.co.uk

‘Superhead’ is banned after giving twin sister £80,000 school post – The Times

Posted January 23rd, 2009 in news, professional conduct, teachers by sally

“A headmistress made a dame after transforming a sink-estate school and then sacked amid accusations of nepotism and financial mismanagement, was yesterday banned from running another school.”

Full story

The Times, 23rd January 2009

Source: www.timesonline.co.uk

Fresh inquest into custody death – BBC News

Posted January 22nd, 2009 in death in custody, inquests, news by sally

“A fresh inquest into the death of a Lancashire teenager found hanged at a secure unit in County Durham has been ordered by the High Court.”

Full story

BBC News, 22nd January 2009

Source: www.bbc.co.uk

Home Office guilty of data breach – BBC News

Posted January 22nd, 2009 in data protection, government departments, news by sally

“The Home Office broke data protection laws when a contractor lost a memory stick with information on thousands of prisoners, a watchdog has ruled.”

Full story

BBC News, 22nd January 2009

Source: www.bbc.co.uk

Do atomic test victims deserve compensation? – The Times

Posted January 22nd, 2009 in armed forces, news, nuclear weapons, personal injuries by sally

“Fifty years ago the UK Government began a series of atomic and thermonuclear weapons tests on the Australian mainland, on Christmas Island and elsewhere in the South Pacific. About 25,000 members of the British, Australian and New Zealand Armed Forces, many national servicemen, and some Fijians, took part in the testing programme — either actively or as bystanders.  This week nearly 1,000 veterans took their multimillion-pound compensation claim against the Ministry of Defence (MoD) to the High Court. They say they have suffered illnesses — including cancers, skin defects and fertility problems — because of exposure to radiation from the tests.”

Full story

The Times, 22nd January 2009

Source: www.timesonline.co.uk

UK consumers could win rights of direct action under unfair trading law – OUT-LAW.com

Posted January 22nd, 2009 in consumer protection, EC law, news by sally

“The European Parliament has called for a change to the way the UK has implemented consumer protection laws to allow cheated customers to take direct action against businesses.”

Full story

OUT-LAW.com, 22nd January 2009

Source: www.out-law.com