Yorkshire Ripper will not be given parole, high court rules – The Guardian

Posted July 16th, 2010 in appeals, murder, news, parole, sentencing by sally

“A high court judge today ruled that Peter Sutcliffe, the Yorkshire Ripper, will not be eligible for parole and must spend the rest of his life in custody.”

Full story

The Guardian, 16th July 2010

Source: www.guardian.co.uk

Clause does not bar court from correcting contract, rules High Court – OUT-LAW.com

Posted July 16th, 2010 in contracts, news, rectification by sally

“A mistake in a contract between two companies can be corrected by a court despite the contract containing a clause stating that only the contents of the contract should govern the disputed deal.”

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OUT-LAW.com, 16th July 2010

Source: www.out-law.com

Baby P doctor suspended for one year – The Guardian

“Baby Peter’s GP, who failed to spot that the toddler was suffering abuse eight days before his death, was suspended for a year today for misconduct.”

Full story

The Guardian, 16th July 2010

Source: www.guardian.co.uk

Buncefield companies fined £5.35m for oil depot blaze – The Guardian

“Companies owned by oil giants BP, Shell and Total were fined a total of £5.35m today for their involvement in the Buncefield oil storage depot explosion and fire ‑ the worst of its kind since the second world war.”

Full story

The Guardian, 16th July 2010

Source: www.guardian.co.uk

Goluboviv v Golubovic – WLR Daily

Posted July 16th, 2010 in appeals, divorce, foreign jurisdictions, law reports by sally
“Refusal to recognise a decree of divorce pronounced by a court in another jurisdiction within the Council of Europe, in the absence of a breach of natural justice, was a truly exceptional course.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Flood v Times Newspapers Ltd – WLR Daily

Posted July 16th, 2010 in appeals, defamation, internet, law reports, media, police, privilege by sally
“In a report concerning an investigation into allegations of corruption against a police officer the media were entitled in the public interest to include the specific allegations made against the officer only where the requirements of the responsible journalism defence or Reynolds privilege were met.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Rickets) v Basildon Magistrates’ Court – WLR Daily

Posted July 16th, 2010 in charities, gifts, law reports, theft by sally
“If goods were left outside a charity shop it could be inferred that it was the owner’s intention to donate them as a gift to the shop, and they were not abandoned but remained the property of the person who deposited them until taken into the control or possession of the charity; and if some other person removed the goods in the meantime he might be found to have committed an offence of theft.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily

Posted July 16th, 2010 in disclosure, insurance, law reports, privilege, solicitors by sally
“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

A v Essex County Council – WLR Daily

A v Essex County Council; [2010] UKSC 33; [2010] WLR (D) 184

“A local education authority which took 18 months to secure a place at one of the few specialist schools which was equipped to cope with a severely disabled child with special education needs, during which time he was unable to attend school at all, had not, by taking so much time, denied the child’s right to education contrary to art 2 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th July 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 Thompson, Regina v Crawford, Regina v Gomulu, Regina v Allen, Regina v Blake, Regina v Kasunga – WLR Daily

Posted July 16th, 2010 in internet, juries, law reports, verdicts by sally

Regina v Thompson, Regina v Crawford, Regina v Gomulu, Regina v Allen, Regina v Blake, Regina v Kasunga; [2010] EWCA Crim 1623; [2010] WLR (D) 183

“The collective responsibility of the jury was not confined to the verdict. It began as soon as the members of the jury had been sworn. From that moment onwards, there was a collective responsibility for ensuring that the conduct of each member was consistent with the jury oath and that the directions of the trial judge about the discharge of their responsibilities were followed.”

WLR Daily, 15th July 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.

Franks and another v Bedward and another – WLR Daily

Posted July 16th, 2010 in land registration, law reports by sally

Franks and another v Bedward and another; [2010] EWHC 1650 (Ch); [2010] WLR (D) 181

“Where an application for registration of title to land was ordered to be cancelled by the adjudicator, and the applicant subsequently succeeded in an appeal in circumstances where the order for cancellation was not protected by a stay, the court could direct the re-entry on the day list of the registration application with its original entry date.”

WLR Daily, 14th July 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.

BAILII: Recent Decisions

Posted July 16th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hall & Ors v Mayor of London (On Behalf of the Greater London Authority) [2010] EWCA Civ 817 (16 July 2010)

High Court (Administrative Court)

Mousa & Ors v Secretary of State for Defence & Anor [2010] EWHC 1823 (Admin) (16 July 2010)

High Court (Commercial Court)

Louis Dreyfus Commodities Kenya Ltd v Bolster Shipping Company Ltd [2010] EWHC 1732 (Comm) (14 July 2010)

High Court (Patents Court)

Yeda Research and Development Company Ltd v Comptroller General of Patents [2010] EWHC 1733 (Pat) (12 July 2010)

High Court (Queen’s Bench Division)

Coonan (Formerly Sutcliffe), R v [2010] EWHC 1741 (QB) (16 July 2010)

Source: www.bailii.org

Newspaper story did not qualify for responsible journalism defence, says Court of Appeal – OUT-LAW.com

Posted July 16th, 2010 in defamation, defences, internet, media, news by sally

“An article published by The Times did not meet the standards of responsible journalism required for a total defence against a defamation claim, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 15th July 2010

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted July 16th, 2010 in legislation by sally

The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010

The Parliamentary Standards Act (Staff Transfer) Order 2010

Source: www.opsi.gov.uk

Al-Jedda v Secretary of State for Defence – WLR Daily

Posted July 16th, 2010 in appeals, armed forces, detention, human rights, Iraq, judges, law reports by sally

Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182

“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”

WLR Daily, 14th July 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 (Gaunt) v Ofcom (Liberty intervening) – WLR Daily

Posted July 16th, 2010 in freedom of expression, law reports, media, ombudsmen, standards by sally

Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180

“It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or justification, notwithstanding that the finding might inhibit the broadcaster’s unrestrained freedom to conduct similar interviews in the future.”

WLR Daily, 14th July 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.

Serious Organised Crime Agency v Gale and another – WLR Daily

Posted July 16th, 2010 in appeals, assets recovery, costs, cross-claims, law reports, proceeds of crime by sally

Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179

“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”

WLR Daily, 13th July 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.

Army ‘involved in torture mission with US troops’ – The Independent

Posted July 16th, 2010 in armed forces, Iraq, news, torture by sally

“Claims that British soldiers used water torture on a badly beaten Iraqi man before unlawfully handing him over to US interrogators are being investigated by the Ministry of Defence. The troubling case includes the first evidence before a UK court of British soldiers being directly involved in a joint torture operation with US forces.”

Full story

The Independent, 16th July 2010

Source: www.independent.co.uk

Today, the firms behind the Buncefield fire will be held to account. But will they be made to pay? – The Independent

“It has taken five years, but today the companies whose negligence caused the biggest fire ever seen in Europe in peacetime and almost destroyed a thriving community around the Buncefield oil depot will face justice.”

Full story

The Independent, 16th July 2010

 Source: www.independent.co.uk

Owner of fighting dogs from Llanbradach jailed – BBC News

Posted July 16th, 2010 in animal cruelty, dogs, news, sentencing by sally

“A 47-year-old man has been jailed for six months for possessing fighting dogs and on animal cruelty charges.”

Full story

BBC News, 15th July 2010

Source: www.bbc.co.uk