BAILII: Recent Decisions

Posted October 27th, 2010 in law reports by sally

Supreme Court

Cadder v Her Majesty’s Advocate (Scotland) [2010] UKSC 43 (26 October 2010)

Court of Appeal (Criminal Division)

Constantine, R. v [2010] EWCA Crim 2406 (26 October 2010)

T, R. v [2010] EWCA Crim 2439 (26 October 2010)

Wakeling, R. v [2010] EWCA Crim 2210 (15 September 2010)

Qayum, R. v [2010] EWCA Crim 2237 (16 September 2010)

Cooper, R. v [2010] EWCA Crim 2335 (20 September 2010)

Nuthoo, R. v [2010] EWCA Crim 2383 (05 October 2010)

Court of Appeal (Civil Division)

Various Claimants v The Catholic Child Welfare Society & Ors [2010] EWCA Civ 1106 (26 October 2010)

High Court (Queen’s Bench Division)

Ashley- Carter & Anor v Hofmann & Mountford Ltd & Ors [2010] EWHC 2349 (QB) (25 October 2010)

Sutherland v Turnbull [2010] EWHC 2699 (QB) (26 October 2010)

High Court (Administrative Court)

Alvi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2666 (Admin) (25 October 2010)

Gdansk Regional Court (Polish Judicial Authority) v Ulatowski [2010] EWHC 2673 (Admin) (26 October 2010)

Booker, R (on the application of) v NHS Oldham [2010] EWHC 2593 (Admin) (28 October 2010)

TS, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2614 (Admin) (26 October 2010)

Omoregbee, R (on the application of) v The Secretary of State for Justice [2010] EWHC 2658 (Admin) (22 October 2010)

High Court (Commercial Court)

Greene Wood McLean Llp v Templeton Insurance Ltd [2010] EWHC 2679 (Comm) (26 October 2010)

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd [2010] EWHC 2661

Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors [2010] EWHC 2636 (Comm) (26 October 2010)

High Court (Technology and Construction Court)

Kaye v Lawrence [2010] EWHC 2678 (TCC) (26 October 2010)

Source: www.bailii.org

Lord chief justice calls for reform of family system

Posted October 27th, 2010 in children, custody, family courts, news by sally

“The adversarial court system is not appropriate for settling parental disputes over the custody of children, the lord chief justice said today.”

Full story

Law Society’s Gazette, 26th October 2010

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 27th, 2010 in legislation by sally

The Atomic Weapons Establishment Blacknest Byelaws 2010

The Offshore Installations (Safety Zones) (No.3) Order 2010

The Structural Funds (National Assembly for Wales) (Amendment) Regulations 2010

The Revenue Support Grant (Specified Body) (England) Regulations 2010

The Care Leavers (England) Regulations 2010

The Local Loans (Procedure) (Amendment) Regulations 2010

The Bank Administration (Scotland) (Amendment) Rules 2010

The Bank Insolvency (England and Wales) (Amendment) Rules 2010

The Building Society Special Administration (England and Wales) Rules 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010

The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2010

Source: www.legislation.gov.uk

Humiliate, strip, threaten: UK military interrogation manuals discovered – The Guardian

Posted October 27th, 2010 in armed forces, news, torture by sally

“Methods devised in secret in recent years may breach international law.”

Full story

The Guardian, 25th October 2010

Source: www.guardian.co.uk

Regulators consult on tougher rules for law degrees – Law Society Gazette

Posted October 27th, 2010 in legal education, news, universities by sally

“A joint committee of the Solicitors Regulation Authority and Bar Standards Board has released two consultations on the future of the undergraduate law degree.”

Full story

Law Society’s Gazette, 26th October 2010

Source: www.lawgazette.co.uk

Youth jails yet to introduce new restraint system six years after deaths – The Guardian

Posted October 27th, 2010 in news, prisons, restraint, young offenders by sally

“A new system of restraining troublesome children in privately run youth jails has still not come into effect six years after the deaths of two teenagers, the Ministry of Justice confirmed tonight.”

Full story

The Guardian, 26th October 2010

Source: www.guardian.co.uk

Hammer killer Michael Stone refused new appeal – The Independent

Posted October 27th, 2010 in appeals, murder, news by sally

“Hammer killer Michael Stone was refused a new appeal over his conviction for the murders of Lin and Megan Russell, the Criminal Cases Review Commission (CCRC) said today.”

Full story

The Independent, 26th October 2010

Source: www.independent.co.uk

Mental health patients ‘locked up in hospitals without legal authority’ – The Guardian

Posted October 27th, 2010 in hospitals, human rights, mental health, news by sally

“Mental health patients are increasingly being locked up in hospitals without legal authority, a practice which may infringe human rights law, the health regulator said today.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Binman jailed for life for Hertfordshire murder – BBC News

Posted October 26th, 2010 in murder, news, sentencing by sally

“A binman has been jailed for life for luring a work colleague to a Hertfordshire country park and then battering him to death.”

Full story

BBC News, 26th October 2010

Source: www.bbc.co.uk

Court setback for Catholic child welfare society – The Independent

Posted October 26th, 2010 in child abuse, clergy, news, vicarious liability by sally

“A Catholic child welfare society which may face a multi-million damages claim over abuse at a school failed today to offload some of the liability.”

Full story

The Independent, 26th October 2010

Source: www.independent.co.uk

Tony Blair summoned back to Chilcot inquiry into Iraq war – The Guardian

Posted October 26th, 2010 in inquiries, Iraq, news, war by sally

“Members of panel are believed to be concerned about damaging and conflicting evidence revealed since former PM’s last appearance.”

Full story

The Guardian, 26th October 2010

Source: www.guardian.co.uk

Man in 50s ordered to behave in parents’ home – Daily Telegraph

Posted October 26th, 2010 in domestic violence, injunctions, news by sally

“The High Court yesterday issued the order protecting the elderly couple from their son, but allowing him to stay with them, providing he doesn’t behave unlawfully towards them.”

Full story

Daily Telegraph, 26th October 2010

Source: www.telegraph.co.uk

Child detention in immigration centres faces legal challenge – The Guardian

Posted October 26th, 2010 in children, detention, news by sally

“A high court challenge to bring to an immediate end the detention of children in immigration removal centres was launched today.”

Full story

The Guardian, 26th October 2010

Source: www.guardian.co.uk

Nursery nurses sentenced for child cruelty – BBC News

Posted October 26th, 2010 in child cruelty, news, sentencing by sally

“Two nursery nurses have been sentenced to 16-weeks in jail suspended for 12 months for cruelty to a two-year-old boy at a Hertfordshire nursery.”

Full story

BBC News, 26th October 2010

Source: www.bbc.co.uk

Animal rights activists jailed for terrorising suppliers to Huntingdon Life Sciences – The Guardian

Posted October 26th, 2010 in blackmail, conspiracy, news by sally

“Five animal rights activists who waged a relentless campaign of “violence and terror” against companies and individuals linked to Huntingdon Life Sciences were jailed today.”

Full story

The Guardian, 25th October 2010

Source: www.guardian.co.uk

Multi-millionaire couple lose court battle over sea view – Daily Telegraph

Posted October 26th, 2010 in covenants, news by sally

“The only field separating them from the waterside was protected from development by a covenant stating it could be ‘used only for the grazing of animals’.”

Full story

Daily Telegraph, 26th October 2010

Source: www.telegraph.co.uk

Dyfed-Powys Police acted correctly before girl’s murder – BBC News

Posted October 26th, 2010 in inquiries, missing persons, murder, news, police by sally

“Police acted correctly when searching for a missing girl later murdered by her father, an inquiry has found.”

Full story

BBC News, 25th October 2010

Spource: www.bbc.co.uk

Public bodies face compliance dilemma with Equality Act’s demands – OUT-LAW.com

Posted October 26th, 2010 in employment, equality, news by sally

“Most of the Equality Act came into force earlier this month. One key part, though, will not take effect until April. The trouble is that it could impose a huge obligation on organisations and give them almost no time to meet its demands.”

Full story

OUT-LAW.com, 26th October 2010

Source: www.out-law.com

Google investigated over household data privacy breaches – The Guardian

Posted October 26th, 2010 in internet, news, privacy by sally

“The UK privacy watchdog has launched an investigation into Google after it admitted copying household computer passwords and emails from unsecured wireless networks, when taking photographs for its Street View mapping service.”

Full story

The Guardian, 24th October 2010

Source: www.guardian.co.uk

High Court confirms ‘initial confusion’ as principle of EU trade mark law – OUT-LAW.com

Posted October 26th, 2010 in news, trade marks by sally

“Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled.”

Full story

OUT-LAW.com, 26th October 2010

Source: www.out-law.com