Recent Statutory Instruments – OPSI

Posted May 7th, 2010 in legislation by sally

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Period and Appropriate Officer) (Wales) Regulations 2010

The Dormant Bank and Building Society Accounts Act 2008 (Prescribed Restrictions) (Wales) Order 2010

Source: www.opsi.gov.uk

Football fan Garry Mann ‘devastated’ to lose extradition battle – Independent

Posted May 7th, 2010 in extradition, news by sally

“England football fan Garry Mann was left ‘devastated’ today as he lost his final legal battle against extradition to Portugal, where he faces a two-year jail sentence.”

Full story

The Independent, 7th May 2010

Source: www.independent.co.uk

Smuggler of endangered birds’ eggs avoids jail – The Guardian

Posted May 7th, 2010 in birds, sentencing by sally

“An obsessive smuggler of wild birds’ eggs has avoided jail, to the disappointment of the Royal Society for the Protection of Birds, whose staff helped to track down his hoard.”

Full story

The Guardian, 7th May 2010

Source: www.guardian.co.uk

BAILII: recent Decisions

Posted May 7th, 2010 in law reports by sally

High Court (Administrative Court)

Berners, R (on the application of) v Council of the Criminal Matters Court Regional Court of Riga Latvia [2010] EWHC 1010 (Admin) (07 May 2010)

High Court (Queen’s Bench Division)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)

Source: www.bailii.org

Regina (Clue) v Birmingham City Council and Others – Times Law Reports

Posted May 7th, 2010 in news by sally

Regina (Clue) v Birmingham City Council and Others

Court of Appeal

“A local authority was not entitled to decide how the Secretary of State for the Home Department might dispose of an application for leave to remain in the United Kingdom.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Al Rawi and Others v Security Service and Others – Times Law Reports

Posted May 7th, 2010 in law reports by sally

Al Rawi and Others v Security Service and Others

Court of Appeal

“The principle that a litigant should be able to see and hear all the evidence, seen and heard by a court determining his case, was so fundamental and so embedded in the common law, that, in the absence of parliamentary authority, it should not be overridden by a judge in an ordinary civil claim.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party – Times Law Reports

Posted May 7th, 2010 in law reports by sally

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party
Case C-62/09

Court of Justice of the European Union

“European Union law did not prevent national health authorities from introducing financial incentive schemes aimed at replacing the prescription of certain medicines by other and cheaper named medicines in the same therapeutic class, provided certain conditions were satisfied.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted May 7th, 2010 in law reports by sally

NML Capital Ltd v Republic of Argentina

Court of Appeal

“An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce it.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily

Posted May 7th, 2010 in appeals, damages, fraud, law reports by sally

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others [2010] EWCA Civ 486; [2010] WLR (D) 114

“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”

WLR daily, 6th May 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.

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 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.

Regina v Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th May 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.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th May 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.

Man jailed for killing fundraiser in Cwmbran – BBC news

Posted May 7th, 2010 in alcohol abuse, assault, murder, news, sentencing by sally

“A steelworker has been jailed for three years after killing a financial adviser who was out fundraising with his friends for a local football team.”

Full story

BBC News,6th May 2010

Source: www.bbc.co.uk

Holyhead sex abuse traffic warden jailed – BBC News

Posted May 7th, 2010 in children, news, sentencing, sexual offences by sally

“A traffic warden and ex-rugby referee has been jailed for two-and-a-half years for sexually abusing two girls.”

Full story

BBC News, 6th May 2010

Source: www.bbc.co.uk

Northampton man banned from wearing skirt breached Asbo – BBC News

Posted May 7th, 2010 in ASBOs, harassment, news, suspended sentences by sally

“A man banned from wearing skirts or showing bare legs on school days has been found guilty of breaching an Asbo.”

Full story

BBC News, 6th May 2010

Source: www.bbc.co.uk

Goodwin’s key ally faces ban as FSA closes in – The Times

Posted May 7th, 2010 in news by sally

“A key lieutenant of Sir Fred Goodwin at Royal Bank of Scotland is facing a formal City ban in the wake of a long-running investigation into his conduct. The Financial Services Authority is understood to be close to publishing an enforcement ruling on Johnny Cameron, who ran RBS’s investment banking division in the run-up to its collapse in 2008.”

Full story

The Times, 7th May 2010

Source: www.timesonline.co.uk

Family of man whose fatal disease was missed by doctors to sue NHS – Daily Telegraph

Posted May 7th, 2010 in hospitals, negligence, news by sally

“The family of a man who died in agony after doctors repeatedly mistook a fatal bowel infection for a groin strain are to sue the NHS.”

Full story

Daily Telegraph, 7th May 2010

Source: www.telegraph.co.uk

Maclaren payout to children injured by pushchairs – The Times

Posted May 7th, 2010 in news by sally

“The pushchair manufacturer Maclaren has agreed to pay compensation to more than 40 British children who suffered injuries in their buggies.”

Full story

The Times, 6th May 2010

Source: www.timesonline.co.uk