BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Gaviria v R [2010] EWCA Crim 1693 (19 July 2010)
High Court (Chancery Division)
Sethi v Patel & Anor [2010] EWHC 1830 (Ch) (19 July 2010)
Source: www.bailii.org
Day: 20 July 2010
Recent Statutory Instruments – OPSI
The International Tax Enforcement (Liechtenstein) Order 2010
The International Tax Enforcement (Gibraltar) Order 2010
The International Tax Enforcement (Bahamas) Order 2010
The International Tax Enforcement (Anguilla) Order 2010
The Double Taxation Relief and International Tax Enforcement (Oman) Order 2010
The Double Taxation Relief and International Tax Enforcement (Mexico) Order 2010
The Double Taxation Relief and International Tax Enforcement (Singapore) Order 2010
The Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2010
The Double Taxation Relief and International Tax Enforcement (Austria) Order 2010
The International Tax Enforcement (Turks and Caicos Islands) Order 2010
The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010
Source: www.opsi.gov.uk
Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily
Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193
“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”
WLR Daily, 19th 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.
Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily
Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192
“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”
WLR Daily, 19th 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.
Report shows imbalance in ethnic minority SDT referrals – Law Society’s Gazette
“Black and minority ethnic (BME) solicitors are more likely to have their case referred to the Solicitors Disciplinary Tribunal, a report into ‘issues of disproportionality’ in the regulation of solicitors commissioned by the Solicitors Regulation Authority revealed today.”
Law Society’s Gazette, 19th July 2010
Source: www.lawgazette.co.uk
Hundreds face fines for killing squirrels – Daily Telegraph
“Hundreds of people face prosecution for killing pests in their back garden after a landmark legal ruling that saw a man fined more than £1,500 for killing a squirrel.”
Daily Telegraph, 19th July 2010
Source: www.telegraph.co.uk
Devon paedophile spared jail due to ‘treatment delay’ – BBC News
“A paedophile has been spared prison because a judge said authorities would not be able to put him on a treatment programme during his sentence.”
BBC News, 20th July 2010
Source: www.bbc.co.uk
Inside the Parole Board: how freedom is granted or denied for prisoners – The Guardian
“Unprecedented access opens door to the often publicly criticised, but little understood, workings of the Parole Board.”
The Guardian, 19th July 2010
Source: www.guardian.co.uk
Torture inquiry chairman is ‘compromised’ – BBC News
“The judge leading the inquiry into claims UK security services colluded in the torture of terror suspects abroad must be removed, a charity has said.”
BBC News, 20th July 2010
Source: www.bbc.co.uk
Cambridge graduate sentenced for rare books theft – The Independent
“A Cambridge graduate who stole antique books worth £40,000 from a world-famous library will be sentenced today.”
The Independent, 20th July 2010
Source: www.independent.co.uk
Many offenders in jail too long, says parole chief – The Guardian
“Large numbers of prisoners are spending longer in jail than necessary due to the increasingly risk-averse attitude of the public and politicians, according to the chair of the parole board.”
The Guardian, 19th July 2010
Source: www.guardian.co.uk
‘Gay couples will get equal right to marry’ – Daily Telegraph
“The Coalition will give homosexual couples the same legal rights to marriage as heterosexuals, a senior Liberal Democrat has said.”
Daily Telegraph, 19th July 2010
Source: www.telegraph.co.uk
‘Locked-in’ stroke victim asks for ruling on mercy killing – The Independent
“In a High Court test case, to be heard later this year, his family will challenge Keir Starmer QC, the Director of Public Prosecutions (DPP), over his policy on ‘mercy killings’.”
The Independent, 20th July 2010
Source: www.independent.co.uk
