BAILII: Recent Decisions

Posted July 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

McCluskey v R. [2010] EWCA Crim 1197 (06 July 2010)

Winter & Anor v R. [2010] EWCA Crim 1474 (06 July 2010)

Martin v R. [2010] EWCA Crim 1450 (06 July 2010)

Court of Appeal (Civil Division)

AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773 (06 July 2010)

ENE 1 Kos Ltd. v Petroleo Brasileiro SA [2010] EWCA Civ 772 (06 July 2010)

High Court (Queen’s Bench Division)

Horth v Thompson [2010] EWHC 1674 (QB) (06 July 2010)

High Court (Chancery Division)

Hildron Finance Ltd v Sunley Holdings Ltd [2010] EWHC 1681 (Ch) (06 July 2010)

High Court (Technology and Construction Court)

Gunn & Anor (t/a Chipperfield Garden Machinery) v Taygroup Ltd [2010] EWHC 1665 (TCC) (06 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 6th, 2010 in news by sally

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (Commencement) Order 2010

The General Pharmaceutical Council (Fitness to Practise and Disqualification etc. Rules) Order of Council 2010

The Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) (Revocation) Regulations 2010

The Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) (Amendment) Order 2010

The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2010

The Health and Social Care Act 2008 (Commencement No. 4, Transitional and Savings Provisions) (Wales) Order 2010

Source: www.opsi.gov.uk

Landmark ruling in drugs case – UK Border Agency

Posted July 6th, 2010 in drug trafficking, news, sentencing by sally

“A Spanish woman has been sentenced to nine years in prison in a landmark drug smuggling prosecution by the UK Border Agency.”

Full story

UK Border Agency, 6th July 2010

Source: www.ukba.homeoffice.gov.uk

Test of endurance for CPS employee in race case – The Guardian

“Halima Aziz is approaching her tenth stressful year of litigation against her former employer, the Crown Prosecution Service. As an ex-CPS prosecutor in Yorkshire, her case for racial discrimination has so far been through four major court hearings, cost the state more than £1m, including a record £600,000 damages, and looks like becoming the longest-running discrimination case in history.”

Full story

The Guardian, 6th July 2010

Source: www.guardian.co.uk

Data protection laws: chance to have your say – Ministry of Justice

Posted July 6th, 2010 in consultations, data protection, legislation, Ministry of Justice, news by sally

“Plans were outlined today to seek views on the European Data Protection Directive and the Data Protection Act to ensure that current laws continue to safeguard people’s personal data in the 21st Century.”

Full story

Ministry of Justice, 6th July 2010

Source: www.justice.gov.uk

Munby calls for more openness in family courts – Law Society’s Gazette

Posted July 6th, 2010 in family courts, judges, lectures, news by sally

“Legislation intended to open up the family courts is a ‘lost opportunity’ that will fail to bring about the openness needed to improve confidence in family proceedings, a leading judge has said.”

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Law Society’s Gazette, 6th July 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted July 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Thakrar & Anor v R. [2010] EWCA Crim 1505 (05 July 2010)

Alagaratnam v R. [2010] EWCA Crim 1506 (05 July 2010)

High Court (Queen’s Bench)

Henderson v London Borough of Hackney & Anor [2010] EWHC 1651 (QB) (05 July 2010)

High Court (Chancery Division)

Agrimarche Ltd, Re [2010] EWHC 1655 (Ch) (05 July 2010)

High Court (Administrative Court)

Tous, R (on the application of) v District Court In Nymburk – Czech Republic [2010] EWHC 1556 (Admin) (15 June 2010)

Tile Wise Ltd v South Somerset District Council [2010] EWHC 1618 (Admin) (17 June 2010)

Source: www.bailii.org

Britain’s top law firms lose their magic touch in the downturn – Daily Telegraph

Posted July 6th, 2010 in law firms, news by sally

Britain’s top law firms are losing their magic touch in the downturn with Linklaters the latest to be hit by the dearth of mergers and acquisitions activity.

Full story

Daily Telegraph, 6th July 2010

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted July 6th, 2010 in legislation by sally

The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2010

The General Pharmaceutical Council (Transfer of Property, Rights and Liabilities, Fees and Grants) Order of Council 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 (Amendment)) Order 2010

The General Pharmaceutical Council (Appeals Committee Rules) Order of Council 2010

The General Pharmaceutical Council (Statutory Committees and their Advisers Rules) Order of Council 2010

The General Pharmaceutical Council (Registration Rules) Order of Council 2010

The Pharmacy Order 2010 (Registration – Transitional Provisions) Order of Council 2010

The Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 2010

The Pharmacy Order 2010 (Commencement No. 2) Order of Council 2010

The Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010

Source: www.opsi.gov.uk

Government accused of declaring war on unions over strike law and redundancy plans – The Guardian

“The government was today (5 July) accused of declaring war on trade unions as ministers moved to cut the redundancy terms of public sector workers and reports emerged of plans to tighten up the law on strike ballots.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Man jailed indefinitely for ‘lolly stick’ row stabbings – The Independent

Posted July 6th, 2010 in news, offensive weapons, sentencing, wounding by sally

“A 23-year-old man who stabbed a City banker and a diplomat in a ‘shocking and violent’ attack after one of their friends accidentally threw a lollipop stick at a BMW was jailed indefinitely for public protection today.”

Full story

The Independent, 5th July 2010

Source: www.independent.co.uk

What isn’t wrong with Sharia law? – The Guardian

Posted July 6th, 2010 in arbitration, children, islamic law, news, tribunals, women by sally

“To safeguard our rights there must be one law for all and no religious courts.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Hospital trust pay-out for brain-damaged taxi driver – BBC News

Posted July 6th, 2010 in compensation, hospitals, medical treatment, negligence, news by sally

“A taxi driver who suffered brain damage after a hospital scan was not properly interpreted has been awarded a multimillion-pound pay-out.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk

Ex-teaching assistant jailed for child porn – The Independent

Posted July 6th, 2010 in indecent photographs of children, news, sentencing, teachers by sally

“A former teaching assistant caught with more than 21,000 indecent images of children was jailed for nearly eight years today.”

Full story

The Independent, 5th July 2010

Source: www.independent.co.uk

Ravichandran and another v Lewisham London Borough Council – WLR Daily

Posted July 6th, 2010 in appeals, housing, judicial review, law reports, local government by sally

Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170

“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”

WLR Daily, 5th July 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.

Home Office advice to gay asylum seekers criticised – BBC News

Posted July 6th, 2010 in asylum, government departments, homosexuality, news, refugees by sally

“The Home Office has been accused of telling gay and lesbian asylum seekers to avoid persecution back home by keeping their sexuality secret.”

Full story

BBC News, 6th July 2010

Source: www.bbc.co.uk

Courts owed £1.3bn in unpaid fines, audit reveals – BBC News

Posted July 6th, 2010 in compensation, confiscation, courts, fines, Ministry of Justice, news by sally

“Courts in England and Wales are owed £1.3bn in unpaid fines, confiscation and compensation orders.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk

Tortured terror suspects to get official inquiry at last – The Guardian

Posted July 6th, 2010 in inquiries, intelligence services, news, terrorism, torture by sally

“David Cameron is tomorrow expected to announce the terms of a long-promised, judge-led inquiry into allegations of MI5’s complicity in the torture of terror suspects and into how British citizens and residents are to be compensated for being detained at Guantánamo Bay.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Man jailed for Reading court petrol attack on defendant – BBC News

Posted July 6th, 2010 in assault, child abuse, news, sentencing by sally

“A man who was repeatedly raped at a Berkshire children’s home in the 1960s has been jailed after throwing petrol over a man he claimed abused him.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk