BAILII: Recent Decisions

Posted March 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chopra v Bindra [2009] EWCA Civ 203 (19 March 2009)

Hatzl & Anor v XL Insurance Company Ltd [2009] EWCA Civ 223 (19 March 2009)

High Court (Queen’s Bench Division)

Byblos International Fund Llc v IFX Markets Ltd [2009] EWHC 346 (QB) (27 February 2009)

High Court (Chancery Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2009] EWHC 497 (Ch) (19 March 2009)

Tamlura NV v CMS Cameron MckEnna [2009] EWHC 538 (Ch) (19 March 2009)

High Court (Administrative Court)

G, R (on the application of) v X School & Anor [2009] EWHC 504 (Admin) (18 March 2009)

High Court (Technology and Construction Court)

Resthaven Properties Ltd v Kier Regional Ltd [2009] EWHC 542 (TCC) (05 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 19th, 2009 in legislation by sally

The Learner Travel (Wales) Measure 2008 (Commencement No. 1) Order 2009

The Fixed Penalty (Amendment) Order 2009

The Motor Vehicles (Tests) (Amendment) Regulations 2009

The Insolvency Proceedings (Fees) (Amendment) Order 2009

The Education (School Performance Information) (England) (Amendment) Regulations 2009

The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009

The Insolvency (Scotland) Amendment Rules 2009

The Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations 2009

The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009

The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

The Co-ordination of Regulatory Enforcement (Procedure for References to LBRO) Order 2009

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009

The Child Trust Funds (Amendment No. 2) Regulations 2009

The Income Tax (Exemption of Minor Benefits) (Revocation) Regulations 2009

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2009

The Tax Credits (Miscellaneous Amendments) Regulations 2009

The Financial Assistance For Industry (Increase of Limit) Order 2009

The Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009

Source: www.opsi.gov.uk

Sacked executive can sue for unfair dismissal over his green beliefs – Daily Telegraph

Posted March 19th, 2009 in climate change, news, unfair dismissal by sally

“An executive, who is devoted to saving the environment, has been given permission to sue his employers for unfair dismissal for allegedly discriminating against his views on climate change.”

Full story

Daily Telegraph, 19th March 2009

Source: www.telegraph.co.uk

Privacy campaigner vows legal challenge to Street View – OUT-LAW.com

Posted March 19th, 2009 in internet, news, privacy by sally

“A privacy campaigner will launch a legal challenge to Google’s Street View service, which was launched today. Simon Davies of Privacy International says that he will pursue ‘a test case’ against Google.”

Full story

OUT-LAW.com, 19th March 2009

Source: www.out-law.com

Guardian loses legal challenge over Barclays documents gagging order – The Guardian

Posted March 19th, 2009 in banking, confidentiality, news, tax avoidance by sally

“The Guardian today lost a high court challenge to lift an emergency gagging order imposed on the publication of Barclays bank documents alleged to detail huge tax avoidance schemes.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

£3.7m for victims of human trafficking – Ministry of Justice

Posted March 19th, 2009 in compensation, news, trafficking in human beings by sally

“Victims of human trafficking will be helped to escape prostitution and domestic servitude following the award of a new £3.7 million government grant to the POPPY Project, Justice Minister Maria Eagle announced today.”

Full story

Ministry of Justice, 19th March 2009

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted March 19th, 2009 in law reports by sally

High Court (Chancery Division)

Menolly Investments 3 Sarl v Cerep Sarl [2009] EWHC 516 (Ch) (18 March 2009)

High Court (Family Division)

Bury Metropolitan Borough Council v D [2009] EWHC 446 (Fam) (04 March 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted March 19th, 2009 in law reports by sally

King (Respondent) v Director of the Serious Fraud Office (Appellant) (On Appeal from the Court of Appeal Criminal Division) [2009] UKHL 17 (18 March 2009)

Source: www.parliament.uk

Bole and another v Huntsbuild Ltd and another – WLR Daily

Posted March 19th, 2009 in defective premises, law reports by sally

Bole and another v Huntsbuild Ltd and another [2009] EWHC 483 (TCC); [2009] WLR (D) 98

“A finding that the premises were in imminent danger of collapse was not a necessary precursor to making a finding under the Defective Premises Act 1972 that a dwelling house was unfit for human habitation; and unfitness for habitation was to be construed as extending to defects of quality rendering the dwelling unsuitable for its purpose as well as to dangerous defects, regardless of whether such a defect was confined to one part of the dwelling or whether the effects of the defect were evident at the time when the dwelling was completed; and where there were a number of defects, it was necessary to consider the effect of the defects as a whole.”

WLR Daily, 17th March 2009

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.

King v Serious Fraud Office – Times Law Reports

King v Serious Fraud Office

House of Lords

“The crown court’s jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales.”

The Times, 19th March 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.

In re B (Minors) (Contact order: Enforcement) – Times Law Reports

Posted March 19th, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact order: Enforcement)

Court of Appeal

“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”

The Times, 19th March 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.

Property fraud: now the Metropolitan Police get in on the act – The Times

Posted March 19th, 2009 in fraud, news, police by sally

“An article a fortnight ago examining the growth in property fraud resulted in a flurry of correspondence confirming that lawyers and consumers alike are increasingly worried about the problem.”

Full story

The Times, 19th March 2009

Source: www.timesonline.co.uk

Jurors suffer trauma in gruesome cases, scientists warn – Daily Telegraph

Posted March 19th, 2009 in juries, news by sally

“Jurors should be screened before sitting on trials involving harrowing or gruesome evidence to cut the risk to them being traumatised, medical experts have warned.”

Full story

Daily Telegraph, 19th March 2009

Source: www.telegraph.co.uk

Searching for answers at Deepcut Barracks – The Times

Posted March 19th, 2009 in armed forces, inquests, inquiries, news by sally

“Four young soldiers died at Deepcut Barracks between 1995 and 2002: Sean Benton on June 9, 1995, Cheryl James on November 27, 1995, Geoff Gray on September 17, 2001, and James Collinson on March 23, 2002.”

Full story

The Times, 19th March 2009

Source: www.timesonline.co.uk

High court to deliver ruling on bank’s gag on tax documents – The Guardian

Posted March 19th, 2009 in banking, confidentiality, disclosure, injunctions, news, tax avoidance by sally

“A high court judge is due to rule today on Barclays’ attempt to ban the Guardian from publishing whistleblower documents about the bank’s tax avoidance schemes.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

Lawyers welcome plans for financial shake-up – The Times

Posted March 19th, 2009 in banking, financial regulation, news by sally

“Proposals aimed at shaking up Britain’s banking sector received a cautious welcome from the City’s leading financial services lawyers today.”

Full story

The Times, 18th March 2009

Source: www.timesonline.co.uk

Series of allegations that finally forced Brown to act – The Guardian

Posted March 19th, 2009 in intelligence services, news by sally

“If we are to believe Peter Wright, the former MI5 officer and author of Spycatcher, new recruits to the security service are quickly expected to take to heart its 11th commandment: ‘Thou shalt not get caught.’ Today, however, as the result of the work of a small group of lawyers, journalists and parliamentarians, it is beginning to look as though MI5 has been found guilty of breaking its own rule: its involvement in torture is becoming clear.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

Lords in sleaze row could lose their peerages – Daily Telegraph

Posted March 19th, 2009 in corruption, news, parliament, peerages & dignities by sally

“Peers will be expelled from the House of Lords if they break the law under new powers being proposed in the wake of the cash for amendments controversy.”

Full story

Daily Telegraph, 19th March 2009

Source: www.telegraph.co.uk

Divorce: why being North or South of the Border makes such a difference – The Times

Posted March 19th, 2009 in divorce, news by sally

“Never mind credit crunch divorce, with husbands rushing to court to renegotiate their divorce settlements. It might be wiser to plump for the right jurisdiction for a split in the first place, because there can be a huge disparity in awards, even between the North and South of the Border.”

Full story

The Times, 19th March 2009

Source: www.timesonline.co.uk

Miscarriage of justice victim served extra 11 years due to ‘lost’ evidence – The Guardian

Posted March 19th, 2009 in evidence, forensic science, miscarriage of justice, news by sally

“Vital evidence which could have secured the release of one of Britain’s longest-serving victims of a miscarriage of justice 11 years ago was held in a forgotten forensic science archive on an industrial site in the Midlands, the Guardian can reveal.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk