BAILII: Recent Decisions

Posted December 7th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AR & FW, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1310 (04 December 2009)

Prison Officers Association v Iqbal (Rev 1) [2009] EWCA Civ 1312 (04 December 2009)

High Court (Administrative Court)

Newport City Council, R (on the application of) v The Welsh Ministers [2009] EWHC 3149 (Admin) (04 December 2009)

High Court (Commercial Court)

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2009] EWHC 3142 (Comm) (04 December 2009)

High Court (Queen’s Bench Division)

May (A Child) v Lancashire Teaching Hospitals NHS Trust [2009] EWHC 3175 (QB) (04 December 2009)

Source: www.bailii.org

Iqbal v Prison Officers Association – WLR Daily

Posted December 7th, 2009 in damages, false imprisonment, industrial action, law reports, prison officers by sally

Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355

“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”

WLR Daily, 4th December 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.

Shanks v Unilever plc and others – WLR Daily

Posted December 7th, 2009 in assignment, compensation, law reports, patents by sally

Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354

“The words ‘that person’ in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time.”

WLR Daily, 4th December 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.

Veakins v Kier Islington Ltd – WLR Daily

Posted December 7th, 2009 in employment tribunals, harassment, law reports, vicarious liability by sally

Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353

“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”

WLR Daily, 4th December 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.

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

Posted December 7th, 2009 in law reports by sally

Regina (Adams) v Secretary of State for Justice

Court of Appeal

“A convicted person seeking compensation after the reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there was a miscarriage of justice had to show that the facts were unknown to him during the trial or appeal.”

The Times, 7th December 2009

Source: www.timesonline.co.uk

OQ (India) and Another v Secretary of State for the Home Department – Times Law Reports

Posted December 7th, 2009 in law reports by sally

OQ (India) and Another v Secretary of State for the Home Department

Court of Appeal

“Where a person sought a right of entry and residence as a dependant of a European Union citizen, it was not a requirement to ask whether the claimed dependency arose from a need for the support of such a citizen.”

The Times, 7th December 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted December 7th, 2009 in legislation by sally

The Private Water Supplies Regulations 2009

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2009

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2009

The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009

The Child Support (Management of Payments and Arrears) Regulations 2009

The Income Support (Prescribed Categories of Person) Regulations 2009

The Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009

The Value Added Tax (Tour Operators) (Amendment) Order 2009

The Travellers’ Allowances (Amendment) Order 2009

The Corporation Tax (Financing Costs and Income) Regulations 2009

Source: www.opsi.gov.uk

Committee set up to review the Court of Protection Rules 2007 – Judiciary of England and Wales

Posted December 7th, 2009 in Court of Protection, press releases by sally

“Committee set up to review the Court of Protection Rules 2007.”

Full press release

Judiciary of England and Wales, 4th December 2009

Source: www.judiciary.gov.uk

Fertility blunder risk due to slow regulator: review – Daily Telegraph

Posted December 7th, 2009 in assisted reproduction, embryology, news by sally

“Couples undergoing fertility treatment are being left at risk of embryo mix-ups and blunders because the industry regulator fails to take action early enough, a review has found.”

Full story

Daily Telegraph, 7th December 2009

Source: www.telegraph.co.uk

Judge questions Queen’s privacy threat – Daily Telegraph

Posted December 7th, 2009 in news, photography, privacy, royal family by sally

“A senior judge has made comments which call into question whether the Queen and Royal family will be able to stop photographers taking pictures of them going about their private lives.”

Full story

Daily Telegraph, 7th December 2009

Source: www.telegraph.co.uk

Assisted suicide: disabled campaigner in 11th hour court challenge – Daily Telegraph

Posted December 7th, 2009 in assisted suicide, disabled persons, news by sally

“Alison Davis claims that a legal ruling that forced the change was unsound, alleging the ‘apparent bias’ of one of the judges, Lord Phillips of Worth Matravers, now the Supreme Court’s president, who later expressed strong personal views on the subject in an interview with The Daily Telegraph.”

Full story

Daily Telegraph, 7th December 2009

Source: www.telegraph.co.uk

Doctors demand formal inquest for Dr David Kelly – BBC News

Posted December 7th, 2009 in inquests, news, suicide by sally

“Six doctors are taking legal action to demand a formal inquest into the death of government scientist Dr David Kelly.”

Full story

BBC News, 5th December 2009

Source: www.bbc.co.uk

Rapist of child fails in appeal – BBC News

Posted December 7th, 2009 in children, news, rape, sentencing by sally

“A rapist who photographed himself abusing a girl has failed in an attempt to reduce his jail term.”

Full story

BBC News, 4th December 2009

Source: www.bbc.co.uk

Police U-turn on photographers and anti-terror laws – The Independent

Posted December 7th, 2009 in news, photography, police, terrorism by sally

“Police forces across the country have been warned to stop using anti-terror laws to question and search innocent photographers after The Independent forced senior officers to admit that the controversial legislation is being widely misused.”

Full story

The Independent, 5th December 2009

Source: www.independent.co.uk

MoD ‘did not want to breach privacy of detainee’ – The Independent

Posted December 7th, 2009 in detention, news, privacy, rendition by sally

“The Government misled MPs over Britain’s role in the rendition of two men arrested by the UK and then imprisoned by the Americans for five years in Afghanistan, it is claimed today.”

Full story

The Independent, 7th December 2009

Source: www.independent.co.uk

Loss of court reporters is a blow to open justice – The Guardian

Posted December 7th, 2009 in courts, media, news by sally

“Open justice, an essential ingredient of a democracy, is usually understood to mean the absence of secret trials and the right of the individual – subject to very few carefully defined exceptions – to enter any of our courts and watch proceedings, without hindrance. But most people do not find it practical or easy to make such personal visits, so the principle of open justice has been extended to include the presence of representatives of the media, acting as the people’s proxy, reporting on behalf of the population what goes on in our courts.”

Full story

The Guardian, 7th December 2009

Source: www.guardian.co.uk

Super-injunctions do limit freedom of speech, Speaker’s lawyers advise – The Guardian

Posted December 7th, 2009 in freedom of expression, injunctions, news by sally

“Controversial ‘super-injunctions’ highlighted by the Guardian do prevent the media’s reporting of proceedings in parliament, the Commons Speaker’s  legal team have advised in a move MPs will regard as a real threat to free speech.”

Full story

The Guardian, 6th December 2009

Source: www.guardian.co.uk

Unmarried couples need new legal rights, says reform judge – The Times

Posted December 7th, 2009 in news by sally

“Two million unmarried couples need new legal rights to protect them from injustice if they separate, the new senior judge in charge of law reform has said.”

Full story

The Times, 7th December 2009

Source: www.timesonline.co.uk

Cyclists targeted as Westminster Council goes after ‘lycra louts’ – The Times

Posted December 7th, 2009 in news by sally

“The swelling ranks of badly behaved cyclists may soon face more than an angry cabbie honking his horn or a pedestrian giving the V sign. A council determined to make them obey the Highway Code is to deploy enforcers in a hunt for so-called ‘Lycra louts’ as they whizz through red lights or ride listening to iPods.”

Full story

The Times, 7th December 2009

Source: www.timesonline.co.k

Bankers’ killers make appeal bid – BBC News

Posted December 4th, 2009 in homicide, news, sentencing by sally

“Two brothers who admitted the manslaughter of a senior banking executive in Norfolk have appealed against their jail terms.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk