BAILII: Recent Decisions

Posted April 14th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

McMillan-Smith, R. v [2009] EWCA Crim 732 (08 April 2009)

Awosika, R. v [2009] EWCA Crim 625 (18 March 2009)

High Court (Queen’s Bench Division)

Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd [2009] EWHC 781 (QB) (08 April 2009)

Peacock v MGN Ltd [2009] EWHC 769 (QB) (08 April 2009)

High Court (Administrative Division)

Ardagh Glass Ltd v Chester City Council & Anor [2009] EWHC 745 (Admin) (08 April 2009)

Source: www.bailii.org

R (Tait) v Criminal Injuries Compensation Appeals Panel – WLR Daily

Posted April 14th, 2009 in criminal injuries compensation, law reports by sally

R (Tait) v Criminal Injuries Compensation Appeals Panel [2009] EWHC 767 (Admin); [2009] WLR (D) 138

“As a matter of construction of para 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person was not determinative of the question whether the vehicle was used so as deliberately to inflict or attempt to inflict injury on any person, because it was not inconsistent with a finding that it was nevertheless the driver’s intention to cause injury; if such an intention was proved, the para 11 exception would not apply to render the injured person ineligible for compensation.”

WLR Daily, 9th April 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.

Smallwood and others v Revenue and Customs Comrs – WLR Daily

Posted April 14th, 2009 in capital gains tax, double taxation, law reports by sally

Smallwood and others v Revenue and Customs Comrs [2009] EWHC 777 (Ch); [2009] WLR(D) 137

“Art 13(4) of the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 (SI 1981/1121) gave the right to tax capital gains to the state in which there was residence at the time of the disposition.”

WLR Daily, 9th April 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.

Emerald Supplies Ltd v British Airways plc – WLR Daily

Posted April 14th, 2009 in civil procedure rules, class actions, competition, law reports by sally

Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136

“The court had no jurisdiction to make a representation order under CPR r 19.6 where the criteria for inclusion in the class depended on the outcome of the action itself.”

WLR Daily, 9th April 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.

Orchard v Lee – Times Law Reports

Posted April 14th, 2009 in law reports, personal injuries, school children by sally

Orchard v Lee

Court of Appeal

“A child at school playing a game in an authorised play area who was not breaking any rules and who was not acting beyond the norms of the game was not liable for an injury caused to a playground supervisor.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Slack and Others v Cumbria County Council – Times Law Reports

Posted April 14th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Akhurst v Director of Public Prosecutions – Times Law Reports

Posted April 14th, 2009 in law reports, vagrancy by sally

Akhurst v Director of Public Prosecutions

Queen’s Bench Divisional Court

“University grounds and buildings were not an enclosed area for the purposes of the Vagrancy Act 1824 which referred to any dwelling house, warehouse, coach house, stable or outhouse, enclosed yard, garden or area.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Birmingham City Council v Dixon – Times Law Reports

Posted April 14th, 2009 in ASBOs, law reports by sally

Birmingham City Council v Dixon

Queen’s Bench Divisional Court

“Evidence of a defendant’s antisocial behaviour which occurred after the making of an application for an antisocial behaviour order against him was admissible when a court was determining (i) whether a defendant had acted in an antisocial manner and (ii) whether it was necessary to make an antisocial behaviour order.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Hammersmith and Fulham London Borough Council v Alexander-David – Times Law Reports

Posted April 14th, 2009 in children, housing, law reports, leases, trusts by sally

Hammersmith and Fulham London Borough Council v Alexander-David

Court of Appeal

“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Office of Fair Trading v Foxtons Ltd – Times Law Reports

Posted April 14th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd

Court of Appeal

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another – Times Law Reports

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another

Court of Appeal

“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

London mayor Boris Johnson wants legal left turn for cyclists at red lights – The Guardian

Posted April 14th, 2009 in bicycles, news, road traffic by sally

“Cyclists in London will be able to legally run red traffic lights if plans by Boris Johnson, the capital’s mayor and a keen cyclist, get the go-ahead from the government.”

Full story

The Guardian, 14th April 2009

Source: www.guardian.co.uk

Google Street View does not breach privacy laws – The Guardian

Posted April 14th, 2009 in internet, news, privacy by sally

“Street View, the controversial service from Google that broadcasts 360-degree views of homes and roads in many of Britain’s cities via the internet, is not a threat to personal privacy, the information commissioner has ruled. ”

Full story

The Guardian, 14th April 2009

Source: www.guardian.co.uk

Home Secretary calls for public to help decide how criminals’ assets are spent – Daily Telegraph

Posted April 14th, 2009 in assets recovery, news, proceeds of crime by sally

“Jacqui Smith, the Home Secretary, wants communities directly affected by crime to receive a ‘share of the pot’ of illegal assets when they are seized by the police.”

Full story

Daily Telegraph, 14th April 2009

Source: www.telegraph.co.uk

Kneejerk policies a strain on prison system, says charity – The Guardian

Posted April 14th, 2009 in news, prisons, rehabilitation by sally

“The government is failing to rehabilitate offenders, leaving charities to pick up the pieces and running the risk of further strain on the overstretched prison system, according to damning research published today.”

Full story

The Guardian, 14th April 2009

Source: www.guardian.co.uk

Pakistani ‘terror plot suspects’ to be deported rather than charged – The Times

Posted April 14th, 2009 in conspiracy, deportation, news, terrorism by sally

“Most of the Pakistani men arrested last week in an anti-terrorist operation will be deported rather than charged, senior counter-terrorism sources told The Times last night.”

Full story

The Times, 13th April 2009

Source: www.timesonline.co.uk

Mass arrests over power station protest raise civil liberties concerns – The Guardian

Posted April 14th, 2009 in demonstrations, environmental protection, news, trespass by sally

“Police have carried out what is thought to be the biggest pre-emptive raid on environmental campaigners in British history, arresting 114 people believed to be planning direct action at a coal-fired power station.”

Full story

The Guardian, 14th April 2009

Source: www.guardian.co.uk

Christian charity worker suspended over opposition to gay rights – The Times

Posted April 14th, 2009 in homosexuality, news, sexual orientation discrimination by sally

“A charity worker has been suspended after telling a colleague about his Christian beliefs against homosexuality, even though he says he is not homophobic and was merely responding to questions from a colleague about his beliefs.”

Full story

The Times, 12th April 2009

Source: www.timesonline.co.uk

Judge ‘passes illegal immigrants in street after ordering their deportation’ – Daily Telegraph

Posted April 14th, 2009 in deportation, news by sally

“A judge has criticised the Government’s record of deporting illegal immigrants, saying he often sees people he has recommended for removal walking around his town centre months later.”

Full story

Daily Telegraph, 10th April 2009

Source: www.telegraph.co.uk

Child trafficking into Britain accelerating, figures show – The Guardian

Posted April 14th, 2009 in children, news, trafficking in human beings by sally

“Suspected victims of child trafficking from Asia, Africa and the Middle East are being smuggled through Britain’s leading ports and airports at an accelerating rate, new figures obtained under the Freedom of Information Act reveal.”

Full story

The Guardian, 14th April 2009

Source: www.guardian.co.uk