BAILII: Recent Decisions

Posted July 10th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670 (09 July 2009)

Bedfordshire County Council v Dixon-Wilkinson [2009] EWCA Civ 678 (09 July 2009)

Mackenzie, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 669 (09 July 2009)

High Court (Administrative Court)

F & Ors, R (on the application of) v Wirral Borough Council [2009] EWHC 1626 (Admin) (09 July 2009)

High Court (Chancery Division)

Stanford International Bank Ltd & Ors, Re [2009] EWHC 1661 (Ch) (09 July 2009)

High Court (Commercial Court)

JPMorgan Chase Bank NA & Anor v Berliner Verkehrsbetriebe (BVG) & Anor [2009] EWHC 1627 (Comm) (09 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 10th, 2009 in legislation by sally

The North Korea (United Nations Sanctions) Order 2009

The Turks and Caicos Islands Constitution (Interim Amendment) (Amendment) Order 2009

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2009

The Local Authority Social Services and National Health Service Complaints (England) (Amendment) Regulations 2009

The Common Agricultural Policy Single Payment and Support Schemes (Horticulture) Regulations 2009

The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009

The Environmental Permitting (England and Wales) (Amendment) Regulations 2009

The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2009

The North Korea (United Nations Measures) (Overseas Territories) (Amendment) Order 2009

The Companies (Shareholders’ Rights) Regulations 2009

Source: www.opsi.gov.uk

Foster Wheeler Ltd v Hanley and others – WLR Daily

Posted July 10th, 2009 in EC law, equality, law reports, pensions, retirement, trusts by sally

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th July 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.

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG – Times Law Reports

Posted July 10th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG

Court of Appeal

“Where creditors of a company in administration had attached property owned by that company in a foreign jurisdiction, the courts had power, in some circumstances, to grant injunctive relief affecting procedures in that foreign jurisdiction.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – Times Law Reports

Posted July 10th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2)

Privy Council

“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

R v G(G) and Another – Times Law Reports

Posted July 10th, 2009 in appeals, criminal justice, criminal procedure, law reports by sally

R v G(G) and Another

Court of Appeal

“Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

Bar at ‘rock bottom’, declares Browne – Law Society’s Gazette

Posted July 10th, 2009 in barristers, legal aid, news by sally

“The morale of the publicly funded bar is at ‘rock bottom’ and careers advisers are telling would-be barristers to steer clear of legal aid, according to the bar’s chief.”

Full story

Law Society’s Gazette, 9th July 2009

Source: www.lawgazette.co.uk

Pay gap points to discrimination – Law Society’s Gazette

Posted July 10th, 2009 in news, remuneration, sex discrimination, solicitors by sally

“Women solicitors earn 29% less than their male colleagues, the Gazette can reveal this week. The Law Society’s latest salary survey showed only a slight narrowing of the pay gap between the sexes compared with the previous year’s figure of 32%.”

Full story

Law Society’s Gazette, 9th July 2009

Source: www.lawgazette.co.uk

Straw: plans to increase transparency and confidence in family courts – Ministry of Justice

Posted July 10th, 2009 in family courts, media, news, privacy by sally

“Jack Straw has announced the next stage of reforms aimed at increasing transparency and confidence in our family justice system.”

Full press release

Ministry of Justice, 9th July 2009

Source: www.justice.gov.uk

Police may have had a duty to notify phone-hacking victims, says privacy expert – OUT-LAW.com

Posted July 10th, 2009 in improper use of telecommunications, media, news, privacy by sally

“The Metropolitan Police knew that numerous mobile phones had been illegally hacked by private investigators but failed to alert the phones’ owners, according to The Guardian newspaper. If so, the victims should have been told, a privacy expert has said.”

Full story

OUT-LAW.com, 9th July 2009

Source: www.out-law.com

Teacher admits child porn charges – BBC News

Posted July 10th, 2009 in children, internet, news, pornography, sentencing by sally

“A teacher has admitted having more than 130 indecent images of children on his computer.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Firm fined £150k over pool injury – BBC News

Posted July 10th, 2009 in fines, health & safety, news by sally

“A caravan park company has been fined £150,000 after a seven-year-old boy suffered brain injuries in a swimming pool not properly manned by lifeguards.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Magistrates angry over cuts as on-the-spot fines replace court hearings – The Times

Posted July 10th, 2009 in fines, magistrates, news by sally

“Magistrates are angry that they are being made to carry the brunt of cuts because their workload is being diverted away from the courts.”

Full story

The Times, 10th July 2009

Source: www.timesonline.co.uk

Soldier’s mother launches legal challenge – Daily Telegraph

Posted July 10th, 2009 in armed forces, human rights, inquiries, negligence, news by sally

“The mother of a soldier killed in a Snatch Land Rover in Iraq will launch a legal challenge on Friday over the Government’s refusal to hold a public inquiry into the continued use of the lightly-armoured vehicles.”

Full story

Daily Telegraph, 10th July 2009

Source: www.telegraph.co.uk

Three inquiries launched into News of the World hacking claims – The Guardian

Posted July 10th, 2009 in improper use of telecommunications, inquiries, media, news by sally

“News International was facing three fresh inquiries into the conduct of its journalists and executives following the Guardian’s disclosures that Rupert Murdoch’s newspaper empire paid £1m to keep secret the use of criminal methods to get stories.”

Full story

The Guardian, 10th July 2009

Source: www.guardian.co.uk

Police accused over death of drug dealer who swallowed cocaine – The Times

Posted July 10th, 2009 in complaints, news, police by sally

“Police officers are under investigation after a suspected drug dealer died minutes after being gripped by the throat as he was being searched. The Times has learnt that only weeks earlier the same man twice told hospital staff that he had been assaulted by police.”

Full story

The Times, 10th July 2009

Source: www.timesonline.co.uk

Judges to work overtime as cuts and delays put justice at risk – The Times

Posted July 10th, 2009 in courts, judiciary, news, working time by sally

“Courts face having to sit for an extra two hours a day as they struggle with rising workloads coupled with an unprecedented drive to cut costs.”

Full story

The Times, 10th July 2009

Source: www.timesonline.co.uk

Tenant sues council over asbestos – BBC News

Posted July 9th, 2009 in asbestos, housing, landlord & tenant, news by sally

“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Labour defeat on incitement laws – BBC News

Posted July 9th, 2009 in freedom of expression, incitement, news by sally

“Labour has been defeated in the Lords over the issue of free speech and laws against inciting homophobic hatred.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Extradition battle over ‘onion risk’ – The Independent

Posted July 9th, 2009 in allergies, extradition, food, human rights, news, prisons by sally

“A man attempted to avoid extradition today because his human rights could be breached by being fed ‘potentially life threatening’ red onions in an Irish jail.”

Full story

The Independent, 9th July 2009

Source: www.independent.co.uk