BAILII: Recent Decisions

Posted February 16th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] EWCA Civ 79 (15 February 2010)

High Court (Administrative Court)

Barnsley Metropolitan Borough Council v Secretary of State for Communities and Local Government & Anor [2010] EWHC 206 (Admin) (15 February 2010)

High Court (Chancery Division)

Stream Healthcare (London) Ltd v Pitman Education and Training Ltd [2010] EWHC 216 (Ch) (15 February 2010)

Rolfe & Anor v Bernard Samuel Rolfe Tulsesense Ltd [2010] EWHC 244 (Ch) (15 February 2010)

High Court (Technology and Construction Court)

Banner Holdings Ltd v Colchester Borough Council [2010] EWHC 139 (TCC) (29 January 2010)

Source: www.bailii.org

Martin v Secretary of State for Work and Pensions – Times Law Reports

Posted February 16th, 2010 in law reports by sally

Court of Appeal

“The value of a property in France held by a social security recipient living in France could be included in his capital, thus depriving him of his benefit even if the property was held on trust for a third party since an implied trust was unknown in French law.”

The Times, 16th February 2010

Soure: www.timesonline.co.uk

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 16th, 2010 in enforcement notices, housing, law reports, planning by sally

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Eweida v British Airways plc – WLR Daily

Posted February 16th, 2010 in airlines, appeals, employment, law reports, religious discrimination by sally

Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37

 “A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

APIL attacks government over eligibility for bereavement damages – Law Society’s Gazette

Posted February 16th, 2010 in bereavement, damages, Law Commission, news by sally

“The Association of Personal Injury Lawyers (APIL) has criticised the government for ignoring Law Commission recommendations to increase general damages in personal injury cases.”

Full story

Law Society’s Gazette, 15th February 2010

Source: www.lawgazette.co.uk

MPs, Lords question human rights compatibility of Digital Economy Bill – OUT-LAW.com

Posted February 16th, 2010 in bills, copyright, human rights, news by sally

“The Government must provide more detail on exactly how alleged copyright infringers will be cut off from the internet before a file-sharing disconnection law is passed, according to a parliamentary committee.”

Full story

OUT-LAW.com, 15th February 2010

Source: www.out-law.com

Metropolitan Police officer loses racism claim – BBC News

Posted February 16th, 2010 in employment, news, police, race discrimination by sally

“A Metropolitan Police officer praised by ex-London Mayor Ken Livingstone for his handling of a racist attack on him has lost a race discrimination claim.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Football fans banned after FA Cup derby violence – BBC News

Posted February 16th, 2010 in fines, football banning orders, news, public order, sport by sally

“Four fans have been given football banning orders following the violence in Southampton after the FA Cup tie against rivals Portsmouth.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Anti-terror body scanners may be illegal, ministers warned – The Guardian

Posted February 16th, 2010 in airports, news, privacy by sally

“Ministers should act immediately to ensure that the use of full-body scanners at British airports is lawful, the ­Equalities and Human Rights Commission has warned.”

Full story

The Guardian, 16th February 2010

Source: www.guardian.co.uk

Woman subjected female priest to campaign of harassment – Daily Telegraph

Posted February 16th, 2010 in harassment, news, sentencing by sally

“A lonely churchgoer submitted her female priest to a terrifying harassment campaign after fixating on her as a mother figure, a court heard.”

Full story

Daily Telegraph, 15th February 2010

Source: www.telegraph.co.uk

“Eye in the sky” arrest of a teenage thief could land police in court – Daily Telegraph

Posted February 16th, 2010 in aircraft, investigatory powers, news, police by sally

“An ‘eye in the sky’ arrest of a teenager fleeing from a stolen car using a surveillance drone could land police in court after it emerged it did not have permission to be in the air.”

Full story

Daily Telegraph, 16th February 2010

Source: www.telegraph.co.uk

‘Playboy’ model walks free over nightclub attack – The Independent

Posted February 16th, 2010 in assault, news, sentencing by sally

“A former Playboy Model of the Year walked free from court yesterday after being given a suspended sentence for attacking a woman in a nightclub toilet cubicle in a jealous row over her husband.”

Full story

The Independent, 16th February 2010

Source: www.independent.co.uk

Met commander Ali Dizaei to launch appeal – The Guardian

Posted February 16th, 2010 in appeals, corruption, news, police by sally

“Disgraced officer, jailed for four years, is to appeal against conviction for corruption, says legal team.”

Full story

The Guardian, 15th February 2010

Source: www.guardian.co.uk

News of the World may offer Max Clifford cash to settle illegal phone hacking case – The Guardian

Posted February 16th, 2010 in interception, media, news, telecommunications by sally

“The News of the World is believed to be planning to settle a court case which threatens to disclose further evidence of the involvement of its ­journalists in illegal information-gathering by private investigators. According to one source at the paper, executives have devised a plan to block the case by offering money to the celebrity PR agent Max Clifford to persuade him to settle his legal action over the illegal ­interception of his voicemail messages.”

Full story

The Guardian, 15th February 2010

Source: www.guardian.co.uk

Media asks court to reinstate criticism of MI5 in Binyam Mohamed case – The Times

Posted February 16th, 2010 in news by sally

“Britain’s senior judges will rethink this week their controversial decision to excise damning criticism of MI5 from a ruling published last week. Lawyers for leading British and American media organisations have written to the Court of Appeal asking the judges to reinstate a paragraph — which disclosed how much M15 had been told about the torture of the Guantánamo Bay detainee, Binyam Mohamed — that they removed from their draft judgment after representations from the Foreign Secretary.”

Full story

The Times, 16th February 2010

Source: www.timesonline.co.uk

Widow wins damages from negligent Essex hospital – BBC News

Posted February 15th, 2010 in damages, hospitals, negligence, news by sally

“The widow of a solicitor who died while being treated for respiratory failure in hospital has been awarded an undisclosed six-figure sum in damages.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

O’Leary faces lawsuit over attack on easyJet founder – The Times

Posted February 15th, 2010 in news by sally

“The two barons of the European budget airline industry are to see each other in court after Sir Stelios Haji-Ioannou, the founder of easyJet, yesterday instructed Schillings, the libel lawyers, to serve a writ on Michael O’Leary, the chief executive of Ryanair. In a statement released last night, Sir Stelios, the largest shareholder in easyJet, said: ‘My lawyers have today commenced High Court proceedings against Michael O’Leary and Ryanair for libelling me. Full details of my claim against them will be published later this month. It was about time someone was willing to spend the money to take this arrogant man to court for his despicable behaviour.’ ”

Full story

The Times, 13th February 2010

Source: www.timesonline.co.uk

Are laws against treason still relevant or useful? – BBC News

Posted February 15th, 2010 in Islam, news, treason by sally

“There have been calls for the UK’s treason laws to be used against radical Muslim groups such as Islam4UK in response to their protests about the British army’s campaign in Afghanistan. But how relevant is legislation which dates back to the 14th century?”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 15th, 2010 in law reports by sally

Supreme Court

McInnes v Her Majesty’s Advocate (Rev 1) (Scotland) [2010] UKSC 7 (10 February 2010)

Allison v Her Majesty’s Advocate (Rev 1) (Scotland) [2010] UKSC 6 (10 February 2010)

High Court (Administrative Court)

Asztaslos v Szekszard City Court, Hungary [2010] EWHC 237 (Admin) (12 February 2010)

High Court (Chancery Division)

Phonographic Performance Ltd v British Hospitality Association & Ors [2009] EWHC 209 (Ch) (12 February 2010)

CDV Software Entertainment AG v Gamecock Media Europe Ltd & Ors [2010] EWHC 159 (Ch) (12 February 2010)

High Court (Commercial court)

Kommune & Anor v Depfa ACS Bank & Anor [2010] EWHC 227 (Comm) (12 February 2010)

Norscot Rig Management PVT Ltd v Essar Oilfields Services Ltd [2010] EWHC 195 (Comm) (12 February 2010)

Yechiel v Kerry London Ltd [2010] EWHC 215 (Comm) (12 February 2010)

High Court (Queen’s Bench Division)

Carter v Ministry of Justice [2010] EWHC 60 (QB) (12 February 2010)

Draycott & Anor v Hannells Letting Ltd (t/a Hannells Letting Agents) [2010] EWHC 217 (QB) (12 February 2010)

Guerrero & Ors v Monterrico Metals Plc & Anor [2010] EWHC 160 (QB) (12 February 2010)

Source: www.bailii.org

Terrorist Asset-Freezing (Temporary Provisions) Act 2010

Posted February 15th, 2010 in freezing injunctions, legislation, terrorism by sally

Terrorist Asset-Freezing (Temporary Provisions) Act 2010 published

Full text of Act

Source: www.opsi.gov.uk