BAILII: Recent Decisions

Posted July 26th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Gnango, R v [2010] EWCA Crim 1691 (26 July 2010)

High Court (Queen’s Bench Division)

LK v Sandwell & West Birmingham Hospitals NHS Trust [2010] EWHC 1928 (QB) (15 July 2010)

High Court (Administrative Court)

Wood v Director of Public Prosecutions [2010] EWHC 1769 (Admin) (30 June 2010)

Nursing and Midwifery Council v Okon- Burgess [2010] EWHC 1816 (Admin) (05 July 2010)

Medical Justice, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) (26 July 2010)

High Court (Commercial Court)

Berezovsky & Anor v Edmiston & Company Ltd & Anor [2010] EWHC 1883 (Comm) (26 July 2010)

High Court (Patents Court)

Abbott Laboratories Ltd v Medinol Ltd [2010] EWHC 1731 (Pat) (01 July 2010)

Source: www.bailii.org<

Government to target no win, no fee legal deals – The Guardian

Posted July 26th, 2010 in consultations, fees, legal profession, Ministry of Justice, news by sally

“High costs of conditional fee arrangements have become a ‘serious concern’ particularly in NHS clinical negligence cases.”

Full story

The Guardian, 26th July 2010

Source: www.guardian.co.uk

Footballer Gavin Grant jailed for life for gun murder – The Guardian

Posted July 26th, 2010 in conspiracy, firearms, murder, news, sentencing by sally

“A footballer began life imprisonment today for his part in a wave of ‘tit-for-tat’ shootings on the Stonebridge Park estate in north-west London, where ‘the law of the jungle’ had held sway, a court heard.”

Full story

The Guardian, 26th July 2010

Source: www.guardian.co.uk

Government announces consultation on Jackson’s CFA reforms – Law Society’s Gazette

Posted July 26th, 2010 in consultations, fees, legal profession, Ministry of Justice, news by sally

“No-win no-fee agreements will be the focus of a government consultation on Lord Justice Jackson’s proposals for reforming civil litigation costs, the government announced today.”

Full story

Law Society’s Gazette, 26th July 2010

Source: www.lawgazette.co.uk

‘Happy slapping’ youths detained for grandfather death – BBC News

“Two teenage members of a ‘happy slapping’ gang who fatally beat a retired care worker in front of his young granddaughter in south London have been detained.”

Full story

BBC News, 26th July 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted July 26th, 2010 in legislation by sally

The School Information (England) (Amendment) (Revocation) Regulations 2010

The Medical Profession (Responsible Officers) Regulations 2010

The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010

The Medicines for Human Use (Advanced Therapy Medicinal Products and Miscellaneous Amendments) Regulations 2010

The Child Trust Funds (Amendment No. 3) Regulations 2010

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 4) 2010

The Qualifying Oil Fields Order 2010

The Poultry Compartments (Wales) Order 2010

The Poultry Compartments (Fees) (Wales) Order 2010

The Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010

The Plant Health (Wales) (Amendment) Order 2010

The Seed Potatoes (Wales) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Deportation fast-track system for asylum seekers is illegal, court rules – The Guardian

Posted July 26th, 2010 in asylum, deportation, judicial review, news by sally

“A fast-track process for deporting failed asylum-seekers, which gives them little or no notice of their immediate removal, is unlawful, the high court ruled today.”

Full story

The Guardian, 26th July 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 26th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

J, S, M v R. [2010] EWCA Crim 1755 (23 July 2010)

High Court (Chancery Division)

Luxe Holding Ltd v Midland Resources Holding Ltd [2010] EWHC 1908 (Ch) (23 July 2010)

High Court (Queen’s Bench Division)

Kaschke v Gray & Anor [2010] EWHC 1907 (QB) (23 July 2010)

High Court (Technology and Construction Court)

Shaw & Anor v MFP Foundations and Pilings Ltd [2010] EWHC 1839 (TCC) (23 July 2010)

HOW Engineering Services Ltd v Southern Insulation (Medway) Ltd [2010] EWHC 1878 (TCC) (23 July 2010)

Source: www.bailii.org

Rymer v Director of Public Prosecutions – WLR Daily

Posted July 26th, 2010 in criminal procedure, law reports, pleadings, road traffic offences by sally

Rymer v Director of Public Prosecutions [2010] EWHC 1848 (Admin); [2010] WLR (D) 197

“A defendant who had pleaded guilty by post in response to a written charge in respect of summary offences and who had been convicted by the justices in his absence pursuant to s 12(4) of the Magistrates’ Court Act 1980 did not have an automatic right to change his plea at a resumed hearing after the case had been adjourned for sentencing pursuant to s 12(5) of the 1980 Act.”

WLR Daily, 22nd 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.

In re Perrins, deceased; Perrins v Holland and others – WLR Daily

Posted July 26th, 2010 in appeals, law reports, mental health, wills by sally

In re Perrins, deceased; Perrins v Holland and others [2010] EWCA Civ 840; [2010] WLR (D) 196

“In a case where a testator had testamentary capacity when he gave instructions for his will, the will as drafted embodied those instructions and when the testator executed his will a year later his testamentary wishes remained unchanged although he was no longer of full testamentary capacity, the principle in Parker v Felgate (1883) LR 8 PD 171, namely that it was not necessary to prove knowledge and approval of a will provided that (a) the testator believed that it gave effect to his instructions and (b) that it did in fact do so, applied.”

WLR Daily, 22nd 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 summay is removed.

Jon Venables case: inquiry ordered into parole supervision – The Guardian

Posted July 26th, 2010 in inquiries, news, parole, release on licence by sally

“The Ministry of Justice is to review how Jon Venables, one of the young killers of James Bulger, was supervised after his release from custody in 2001.”

Full story

The Guardian, 24th July 2010

Source: www.guardian.co.uk

Ruling expected on ‘fast-track deportation’ policy – The Independent

Posted July 26th, 2010 in asylum, deportation, judicial review, news by sally

“The High Court is ruling today on the legality of a Home Office policy which allows the speedy deportation of foreign nationals refused permission to remain in the UK.”

Full story

The Independent, 26th July 2010

Source: www.independent.co.uk

Prisons minister says criminals could cut jail sentences by saying ‘sorry’ – The Guardian

Posted July 26th, 2010 in news, prisons, rehabilitation, sentencing, victims by sally

“Tens of thousands of offenders may be able to reduce their sentences by making personal apologies to their victims, under plans for a ‘rehabilitation revolution’ in the criminal justice system.”

Full story

The Guardian, 25th July 2010

Source: www.guardian.co.uk

Ian Tomlinson coroner is urged to stand aside – The Guardian

Posted July 26th, 2010 in coroners, inquests, news by sally

“The coroner due to preside over the inquest into the death of Ian Tomlinson was tonight under pressure to step down from the hearing because he was responsible for appointing the pathologist who conducted a controversial postmortem on Tomlinson.”

Full story

The Guardian, 23rd July 2010

Source: www.guardian.co.uk

MPs due to vote on England academies reforms – BBC News

Posted July 26th, 2010 in bills, education, news by sally

“MPs are due to vote on legislation which paves the way for a radical overhaul of England’s school system.”

Full story

BBC News, 26th July 2010

Source: www.bbc.co.uk

Jon Venables case: the legal arguments – The Guardian

Posted July 26th, 2010 in news, reporting restrictions by sally

“The Jon Venables case raises thorny issues about media responsibility and the competing interests of open justice and the right not just to a fair trial, but to life.”

Full story

The Guardian, 23rd July 2010

Source: www.guardian.co.uk

Burka ban Tory MP could face legal action – The Independent

Posted July 26th, 2010 in news, religious discrimination by sally

“The MP who is refusing to hold meetings with Muslim women wearing full Islamic dress faces legal action.”

Full story

The Independent, 25th July 2010

Source: www.independent.co.uk

Rape charge anonymity pledge dropped after protests by MPs – The Guardian

Posted July 26th, 2010 in anonymity, news, rape by sally

“The government has abandoned plans to grant pre-charge anonymity to men accused of rape after an outcry from Labour and women Tory MPs.”

Full story

The Guardian, 25th July 2010

Source: www.guardian.co.uk