BAILII: Recent Decisions

Posted April 27th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

AY, R. v [2010] EWCA Crim 762 (27 April 2010)

Court of Appeal (Civil Division)

Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453 (27 April 2010)

Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 (27 April 2010)

High Court (Administrative Court)

Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin) (26 April 2010)

High Court (Technology and Construction Court)

Croft House Care Ltd & Ors v Durham County Council [2010] EWHC 909 (TCC) (27 April 2010)

Source: www.bailii.org

Female Birmingham council workers win ‘£600m pay claim’ – BBC News

Posted April 27th, 2010 in employment tribunals, equal pay, local government, news by sally

“Hundreds of female council employees who took their claims for equal pay to an employment tribunal have won their case.”

Full story

BBC News, 27th April 2010

Source: www.bbc.co.uk

The Sun pays out to doctor over front-page terror slur – The Guardian

Posted April 27th, 2010 in compensation, defamation, news, terrorism by sally

“A doctor accepted ‘substantial’ libel damages at the high court today over false allegations in the Sun linking him to terrorism.”

Full story

The Guardian, 27th April 2010

Source: www.guardian.co.uk

England fan loses Portugal extradition court fight – BBC News

Posted April 27th, 2010 in extradition, news, trials by sally

“An England football fan has lost his fight to avoid being extradited to serve a jail term for his involvement in a riot during Euro 2004.”

Full story

BBC News, 27th April 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted April 27th, 2010 in legislation by sally

The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2010

The Fish Labelling (Wales) Regulations 2010

The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010

The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010

The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010

The National Assembly for Wales (Legislative Competence) (Education) Order 2010

The National Assembly for Wales (Legislative Competence) (Transport) Order 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted April 27th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hughes v Borodex Ltd. [2010] EWCA Civ 425 (27 April 2010)

Campbell & Anor v William Banks & Ors [2010] EWCA Civ 452 (26 April 2010)

High Court (Queen’s Bench Division)

University of London v Tariquez Zaman [2010] EWHC 908 (QB) (27 April 2010)

Bowman v MGN Ltd [2010] EWHC 895 (QB) (26 April 2010)

High Court (Technology and Construction Court)

Pilon Ltd v Breyer Group Plc [2010] EWHC 837 (TCC) (23 April 2010)

Source: www.bailii.org

Bar Council launches ‘ProcureCo’ model as Bar looks to evolve business structures – The Bar Council

Posted April 27th, 2010 in barristers, legal services, news by sally

“The Bar Council of England and Wales, has launched a model for new business structures for the Bar, dubbed ‘ProcureCo’. This follows historic rule changes made by the Bar’s independent regulatory arm, the Bar Standards Board (BSB), which gave barristers the ability to provide their services in different ways and to structure themselves in ways which had previously been prohibited.”

Full story

The Bar Council, 26th April 2010

Source: www.barcouncil.org.uk

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others – WLR Daily

Posted April 27th, 2010 in copyright, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others [2010] EWHC 841 (Ch); [2010] WLR (D) 104

“The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not confined to selection or arrangement performed after the data in a database was finally created.”

WLR Daily, 26th 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.

Link Lending Ltd v Hussain and another – WLR Daily

Posted April 27th, 2010 in appeals, land registration, law reports, loans, mental health, repossession by sally

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

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

Regina (Shoesmith) v Ofsted and others – WLR Daily

Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102

“The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. When making directions pursuant to s 497A of the Education Act 1996 (as inserted by s 8 of the School Standard and Framework Act 1998) to remove an office holder, the Secretary of State could, in certain circumstances, put the wider interests of child safeguarding above the interest of an individual office holder to be treated fairly. That should not mean that the individual concerned should be deprived of her reputation or other contractual or statutory rights. An individual removed from office pursuant to s 497A who had standing to bring a claim against the employer authority in the employment tribunal should bring that claim first and pursue a claim for judical review against her employer only as a last resort.”

WLR Daily, 26th 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.

Winterflood Securities Ltd and others v Financial Services Authority – WLR Daily

Posted April 27th, 2010 in appeals, financial regulation, law reports by sally

Winterflood Securities Ltd and others v Financial Services Authority [2010] EWCA Civ 423; [2010] WLR (D) 101

“The definition of market abuse in s 118 of the Financial Services and Markets Act 2000 did not require the person engaging in the behaviour in question to have intended to abuse the market and accordingly it was not essential for such an intention or purposes to be present for behaviour to fall below the objective standards expected. Moreover, the regulatory regime introduced by the Act and its Code of Conduct did not offend against the principle of legal certainty, once it was appreciated that the provisions of the Code, other than those falling within s 122(1) of the Act, were intended to have no more than evidential effect.”

WLR Daily, 26th 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.

Blair Peach killed by police at 1979 protest, Met report finds – The Guardian

Posted April 27th, 2010 in demonstrations, news, police, reports by sally

“The anti-fascist protester Blair Peach was almost certainly killed by police at a demonstration in 1979, according to a secret report released today.”

Full story

The Guardian, 27th April 2010

Source: www.guardian.co.uk

Surge in new laws sparked by recession, research reveals – Law Society’s Gazette

Posted April 27th, 2010 in legislation, news by sally

“Some 98% of new laws introduced by the government in 2009 were brought in as statutory instruments without full parliamentary debate, research has revealed today.”

Full story

Law Society’s Gazette, 26th April 2010

Source: www.lawgazette.co.uk

Legal challenge to Alex Salmond’s exclusion from BBC leaders’ debates – The Guardian

Posted April 27th, 2010 in BBC, elections, news, political parties by sally

“The Scottish National party will go to court today in an attempt to force the BBC to give its leader Alex Salmond a place in the final leaders’ debate later this week.”

Full story

The Guardian, 27th April 2010

Source: www.guardian.co.uk

Human rights court to decide football fan Garry Mann’s fate – The Independent

Posted April 27th, 2010 in extradition, human rights, news by sally

“Football fan Garry Mann’s hope of avoiding two years in a Portuguese jail rests with a ruling by human rights judges today.”

Full story

The Independent, 27th April 2010

Source: www.independent.co.uk

City lawyer ‘sacked for writing online erotic novel’ sues for £3.5m – Daily Telegraph

“A senior lawyer, Deidre Clark, sacked from a leading city firm after she wrote a sexually explicit online novel is suing her former employers for £3.5 million.”

Full story

Daily Telegraph, 26th April 2010

Source: www.telegraph.co.uk

Police defend sex offender monitoring as 300 remain missing – The Independent

Posted April 27th, 2010 in news, police, probation, sexual offences by sally

“Police insisted today they are doing all they can to monitor sex offenders as it was revealed more than 300 are missing in the UK.”

Full story

The Independent, 26th April 2010

Source: www.independent.co.uk

Jack Tweed cleared of rape – The Guardian

Posted April 27th, 2010 in news, rape by sally

“Jack Tweed, the widower of the reality TV star Jade Goody, was today cleared of raping a teenager he had met in a London nightclub.”

Full story

The Guardian, 26th April 2010

Source: www.guardian.co.uk

The Times to challenge reporting ban on landmark expenses hearing – The Times

Posted April 27th, 2010 in news by sally

“Media organisations are to challenge a reporting ban on a landmark hearing at which four politicians accused of fiddling their expenses will claim they cannot be brought to trial.”

Full story

The Times, 27th April 2010

Source: www.timesonline.co.uk