BAILII: Recent Decisions

Posted April 26th, 2010 in law reports by sally

High Court (Chancery Division)

Pillar Securitisation SARL & Ors v Spicer & Anor (Court Administrators) [2010] EWHC 836 (Ch) (01 April 2010)

Dennard & Ors v Pricewaterhousecoopers Llp [2010] EWHC 812 (Ch) (23 April 2010)

Sel-Imperial Ltd v The British Standards Institution [2010] EWHC 854 (Ch) (23 April 2010)

Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2010] EWHC 888 (Ch) (23 April 2010)

High Court (Technology and Construction Court)

Michael Phillips Architects Ltd v Riklin & Anor [2010] EWHC 834 (TCC) (23 April 2010)

Source: www.bailii.org

Shops ordered to pay £20m over ‘toxic sofas’ – BBC News

“A number of High Street chains has been ordered to pay up to £20m ($31m) to 2,000 people who received chemical burns from sofas.”

Full story

BBC News, 26th April 2010

Source: www.bbc.co.uk

Election 2010 – The Bar Council

Posted April 26th, 2010 in barristers, elections, news, political parties by sally

“This note summarises the key points in the manifestos of the three main political parties which may be of interest to the Bar. It is intended that this should be non-partisan and the Bar Council as an organisation is not aligning itself to any particular political party.”

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The Bar Council, 23rd April 2010

Source: www.barcouncil.org.uk

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA – WLR Daily

Posted April 26th, 2010 in appeals, contracts, law reports, summary judgments by sally

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100

“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”

WLR Daily, 23rd April 2010

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.

R v Modjiri – WLR Daily

Posted April 26th, 2010 in appeals, confiscation, housing, law reports, proceeds of crime by sally

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd April 2010

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.

FSA hits insider dealer with £956,000 bill – The Times

Posted April 26th, 2010 in news by sally

“A former Cazenove partner serving a 21-month jail sentence for insider dealing should forfeit £956,863 in a confiscation and costs order, his prosecutors said yesterday.”

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The Times, 24th April 2010

Source: www.timesonline.co.uk

Prison population hits record 85,000 after end of early releases – The Guardian

Posted April 26th, 2010 in early release, news, prisons by sally

“The prison population has hit a record 85,000 after Labour’s decision to end the 18-day early release scheme just before the election campaign got under way.”

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The Guardian, 23rd April 2010

Source: www.guardian.co.uk

Jackson report: litigation processes and their impact on costs – Law Society’s Gazette

Posted April 26th, 2010 in civil justice, costs, courts, news, summary judgments by sally

“Much has already been said about Lord Justice Jackson’s proposals for success fees, after-the-event insurance, costs shifting and the like, but much less, if anything, about litigation processes, and their impact on costs. Yet it is surely unarguable that a streamlining or simplification of the litigation process would result in a reduction in costs.”

Full story

Law Society’s Gazette, 26th April 2010

Source: www.lawgazette.co.uk

Man sentenced for lying over James Bulger killer – BBC News

Posted April 26th, 2010 in communicating false information, news, suspended sentences by sally

“A teenager has been given a three-month suspended prison sentence for claiming a former colleague was one of James Bulger’s killers.”

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BBC News, 23rd April 2010

Source: www.bbc.co.uk

Suspected counterfeits can be destroyed if not defended by importer, says HMRC – OUT-LAW.com

Posted April 26th, 2010 in counterfeiting, customs and excise, news by sally

“Suspected counterfeit goods being brought into the UK can be destroyed without going to court if the importer fails to object, according to new rules put in place by Her Majesty’s Revenue and Customs (HMRC).”

Full story

OUT-LAW.com, 26th April 2010

Source: www.out-law.com

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Politicians’ legal fight in private to avoid trial over expenses – The Times

Posted April 26th, 2010 in news by sally

“Four politicians accused of fiddling their expenses are to begin in private their landmark constitutional battle against being brought to trial, The Times has learnt.”

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The Times, 26th April 2010

Source: www.timesonline.co.uk

Police to release secret report on the death of Blair Peach – The Guardian

Posted April 26th, 2010 in demonstrations, disclosure, news, police, reports by sally

“A highly critical report into the death of Blair Peach, the anti-fascist campaigner widely believed to have been killed by police in 1979, is expected to be published on Tuesday.”

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The Guardian, 25th April 2010

Source: www.guardian.co.uk

Firefighter who slept with boss wins payout – Daily Telegraph

“A woman firefighter who resorted to sleeping with her boss in a vain attempt to end a campaign of harassment against has received a payout from her former employers.”

Full story

Daily Telegraph, 23rd April 2010

Source: www.telegraph.co.uk

Europe presses UK to introduce total ban on smacking children – The Guardian

Posted April 26th, 2010 in corporal punishment, news by sally

“The UK will come under increasing pressure to ban all smacking and corporal punishment of children as the European human rights body steps up pressure for a change in the law.”

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The Guardian, 25th April 2010

Source: www.guardian.co.uk