BAILII: Recent Decisions

Posted November 11th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Evans, R v [2009] EWCA Crim 2243 (04 November 2009)

Court of Appeal (Civil Division)

MM (Iran) v Secretary of State for Home Department [2009] EWCA Civ 1167 (10 November 2009)

Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 510 (11 November 2009)

Whittle Movers Ltd v Hollywood Express Ltd [2009] EWCA Civ 1189 (11 November 2009)

High Court (Chancery Division)

Hudson Bay Apparel Brands LLC v Umbro International Ltd [2009] EWHC B28 (Ch) (04 November 2009)

Merrygold (Liquidator) v Bates & Anor [2009] EWHC 2837 (Ch) (11 November 2009)

High Court (Family Division)

N, Re [2009] EWHC B29 (Fam) (23 October 2009)

High Court (Administrative Court)

G v London Borough of Haringey [2009] EWHC 2699 (Admin) (30 October 2009)

Gradica v Public Prosecutor’s Office Attached To the Court of Turin [2009] EWHC 2846 (Admin) (11 November 2009)

Niblett v Secretary of State for Justice & Anor [2009] EWHC 2851 (Admin) (11 November 2009)

Melton v Uttlesford District Council [2009] EWHC 2845 (Admin) (11 November 2009)

High Court (Commercial Court)

Equitas Ltd v R&Q Reinsurance Company (UK) Ltd [2009] EWHC 2787 (Comm) (11 November 2009)

Source: www.bailii.org

Jermain Defoe ‘played litigation game’ over speeding fines – Daily Telegraph

Posted November 11th, 2009 in appeals, news, road traffic offences by sally

“Jermain Defoe, the Tottenham Hotspur and England footballer, ‘played the litigation game’ in an attempt to avoid speeding fines, a judge said.”

Full story

Daily Telegraph, 11th November 2009

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted November 11th, 2009 in legislation by sally

The Pharmacy Order 2010

The Enactment of Extra-Statutory Concessions (No. 2) Order 2009

The Climate Change Levy (Solid Fuel) (Revocation) Regulations 2009

The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 (Amendment) Regulations 2009

The Export Control (Amendment) (No. 4) Order 2009

The Value Added Tax (Drugs and Medicines) Order 2009

The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 13) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 14) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 15) 2009

The Value Added Tax (Amendment) (No. 4) Regulations 2009

The Combined Fire and Rescue Services Schemes (Variation) (Wales) Order 2009

The School Teacher Appraisal (Wales) (Amendment No. 2) Regulations 2009

The Feed (Specified Undesirable Substances) (Wales) Regulations 2009

Source: www.opsi.gov.uk

Terror suspects’ DNA could be held for life – The Independent

Posted November 11th, 2009 in criminal records, data protection, DNA, news by sally

“Terror suspects who are released without charge could face having their DNA profiles stored for life, it was revealed today.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

Camera ban for supermarket voyeur – BBC News

Posted November 11th, 2009 in news, outraging public decency, photography, sentencing, voyeurism by sally

“A voyeur who filmed underneath women’s skirts in a supermarket has been ordered not to use a camera in public for two years at Preston Crown Court.”

Full story

BBC News, 11th November 2009

Source: www.bbc.co.uk

Sentencing date for nursery worker paedophile – The Independent

Posted November 11th, 2009 in child abuse, news, sentencing by sally

“A sentencing date for a trio of child abusers – including a nursery worker – was fixed by a judge today.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

Burglary and theft account for a third of data security breaches, reports ICO – OUT-LAW.com

Posted November 11th, 2009 in burglary, data protection, news, theft by sally

“The biggest security risks for organisations that process people’s personal details are burglary and theft, according to figures just published by the Information Commissioner’s Office (ICO).”

Full story

OUT-LAW.com, 11th November 2009

Source: www.out-law.com

Crime victim wins ‘caution’ fight – BBC News

Posted November 11th, 2009 in assault, cautions, judicial review, news, sentencing by sally

“A criminal justice expert has praised an attack victim who fought to have the perpetrator brought to court after he was let off with a conditional caution.”

Full story

BBC News, 11th November 2009

Source: www.bbc.co.uk

Judge blocks attempt to play pensions system – The Times

Posted November 11th, 2009 in news by sally

“Trustees of underfunded pension schemes cannot actively exploit the Pension Protection Fund (PPF) to boost workers’ retirement benefits, the High Court said yesterday.”

Full story

The Times, 11th November 2009

Source: www.timesonline.co.uk

Man jailed for drowning partner’s dog – The Independent

Posted November 11th, 2009 in animal cruelty, news, sentencing by sally

“A man has been jailed after drowning his partner’s dog in the kitchen sink while drunk, the RSPCA said today.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted November 11th, 2009 in law reports by sally

High Court (Family Division)

RB (A Child), Re [2009] EWHC B26 (Fam) (10 November 2009)

High Court (Administrative Court)

Atanasova v The Governor of HMP Holloway & Anor [2009] EWHC 2740 (Admin) (04 November 2009)

High Court (Commercial Court)

Rainy Sky SA & Ors v Kookmin Bank [2009] EWHC 2624 (Comm) (29 October 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 11th, 2009 in legislation by sally

The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009

The Plant Health (Fees) (Forestry) (Amendment) Regulations 2009

The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009

The Government of Wales Act 2006 (Consequential Modifications, Transitional Provisions and Saving) Order 2009

The Mutual Societies (Transfers of Business) (Tax) Regulations 2009

Source: www.opsi.gov.uk

QC’s view: ‘Media must fight harder for its freedom’ – The Guardian

Posted November 11th, 2009 in defamation, freedom of expression, media, news by sally

“‘We do not have free speech in Britain, we have expensive speech … Defending a libel action in Britain is vastly more expensive than in any other European country – lawyers will rack up a million pounds in fees for a short trial and our cash-strapped media is increasingly choosing to settle rather than to fight for its freedom – which, after all, is its reader’s freedom to receive information.'”

Full story

The Guardian, 10th November 2009

Source: www.guardian.co.uk

No electoral reform bill in Queen’s speech, says Downing Street – The Guardian

Posted November 11th, 2009 in elections, news, referendums by sally

“This month’s Queen’s speech will not contain a bill to introduce reform of the voting system, Downing Street sources confirmed today.”

Full story

The Guardian, 10th November 2009

Source: www.guardian.co.uk

Home Office to keep DNA of innocent for six years, not 12 – The Guardian

Posted November 11th, 2009 in data protection, DNA, news, terrorism by sally

“Home Office ministers are expected to announce a six-year limit on the retention of DNA profiles on the national database for people arrested but not convicted of any offence, bringing it more in line with Scotland, where five years is the norm.”

Full story

The Guardian, 11th November 2009

Source: www.guardian.co.uk

Leading article: Hard cases and good law – The Independent

Posted November 11th, 2009 in children, hospitals, medical ethics, medical treatment, news by sally

“The sad case of Baby RB, which has been argued to and fro before the High Court, ended summarily yesterday when the one-year-old boy’s father accepted the hospital’s case for withdrawing life support. This unexpected development had two immediate effects. The doctors are now within their rights to halt life support, so as to allow the severely disabled child – as the hospital put it – ‘a peaceful, calm and dignified death’. And the judge will not have to reach a decision – although he hinted what it would have been when he said that the outcome was, in his view, ‘inevitable’.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

Call to reform ‘repressive’ English libel laws – The Guardian

Posted November 11th, 2009 in defamation, freedom of expression, news by sally

“Intimidating and out-of-date laws are silencing free speech and scientific inquiry, a report claims, amid increasing controversy over England’s status as ‘the libel capital of the world’.”

Full story

The Guardian, 10th November 2009

Source: www.guardian.co.uk

Jack Straw: tougher sentences for those who kill with a knife – Ministry of Justice

Posted November 11th, 2009 in news, offensive weapons, sentencing by sally

“Those who commit murder with a knife should face significantly longer in jail than they currently do, Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 10th November 2009

Source: www.justice.gov.uk

15,000 people criminalised by Criminal Records Bureau over past six years – Daily Telegraph

Posted November 11th, 2009 in criminal records, news, vetting by sally

“Up to 15,000 people have been wrongly branded criminals or accused of more serious offences by the Government agency which vets the backgrounds of people who want to work with children, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 11th November 2009

Source: www.telegraph.co.uk

Libel law reform campaigners seek £10,000 damages cap – OUT-LAW.com

Posted November 11th, 2009 in damages, defamation, freedom of expression, news by sally

“English libel law imposes disproportionate restrictions on free speech, according to an independent report that recommends 10 changes to the laws. The Ministry of Justice said today that it will launch a consultation on defamation and the internet.”

Full story

OUT-LAW.com, 10th November 2009

Source: www.out-law.com