BAILII: Recent Decisions

Posted November 29th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

AA & SA, R v [2010] EWCA Crim 2805 (29 November 2010)

Gibson, R v [2010] EWCA Crim 2813 (18 November 2010)

Court of Appeal (Civil Division)

Child Maintenance and Enforcement Commission v Beesley & Anor [2010] EWCA Civ 1344 (24 November 2010)

Oates & Anor v Hooper & Anor [2010] EWCA Civ 1346 (26 November 2010)

High Court (Queen’s Bench Division)

Hampshire County Council v Beazer Homes Ltd [2010] EWHC 3095 (QB) (29 November 2010)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 3100 (QB) (29 November 2010)

High Court (Chancery Division)

Accidia Foundation v Simon C Dickinson Ltd. [2010] EWHC 3058 (Ch) (26 November 2010)

High Court (Administrative Court)

Zagorski & Baze, R (on the application of) v Secretary of State for Business, Innovation and Skills & Ors [2010] EWHC 3110 (Admin) (29 November 2010)

Allan Rutherford Llp Solicitors v The Legal Services Commission [2010] EWHC 3068 (Admin) (26 November 2010)

KM, R (on the application of) v Cambridgeshire County Council [2010] EWHC 3065 (Admin) (26 November 2010)

Source: www.bailii.org

Family courts have lost authority, warns judge – Law Society’s Gazette

Posted November 29th, 2010 in children, family courts, news by sally

“A High Court judge has warned that the family court needs to reassert its authority to tackle the ‘lack of respect’ shown for its orders.”

Full story

Law Society’s Gazette, 29th November 2010

Source: www.lawgazette.co.uk

G20 policeman faces misconduct charges over Ian Tomlinson death – The Guardian

Posted November 29th, 2010 in demonstrations, disciplinary procedures, homicide, news, police by sally

“The police officer who attacked Ian Tomlinson at the G20 protests will be accused of ‘inadvertently causing or contributing’ to his death at a gross misconduct hearing, it was revealed today.”

Full story

The Guardian, 29th November 2010

Source: www.guardian.co.uk

Death row drug faces restrictions from UK – BBC News

Posted November 29th, 2010 in death penalty, medicines, news by sally

“Business Secretary Vince Cable has restricted the export of a drug used to execute prisoners in the United States.”

Full story

BBC News, 29th November 2010

Source: www.bbc.co.uk

The Epilim case shows the flaws in the legal aid regime – The Guardian

Posted November 29th, 2010 in birth, legal aid, medicines, news, personal injuries by sally

“Families who claim the epilepsy drug was linked to birth defects have few options left after the LSC withdrew funding.”

Full story

The Guardian, 29th November 2010

Source: www.guardian.co.uk

Lets hear it for the child; Restoring the Authority of the Family Court, Blue skies and Sacred cows – Speech by Mr Justice Coleridge

Posted November 29th, 2010 in children, family courts, judiciary, speeches by sally

Lets hear it for the child; Restoring the Authority of the Family Court, Blue skies and Sacred cows (PDF)

Speech by Mr Justice Coleridge

Association of Lawyers for Children: 21st Annual Conference, 26th November 2010

Source: www.judiciary.gov.uk

Inventor entitled to share of employer’s actual, not potential patent earnings, says Court of Appeal – OUT-LAW.com

Posted November 29th, 2010 in compensation, employment, news, patents by sally

“The inventor of a medical device is entitled to a ‘fair share’ of the actual benefit earned from that device by his employer, the Court of Appeal has ruled. An inventor cannot complain if his employer did not exploit the invention well or at all, it said.”

Full story

OUT-LAW.com, 29th November 2010

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 29th, 2010 in legislation by sally

The Flavourings in Food (England) Regulations 2010

The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

TV streaming service fails to have copyright suit thrown out – OUT-LAW.com

Posted November 29th, 2010 in copyright, internet, news by sally

The activities of a television streaming website are covered by copyright law despite the fact that it is not itself a broadcaster, the High Court has ruled.

Full story

OUT-LAW.com, 29th November 2010

Source: www.out-law.com

High Court ruling means newspapers can charge businesses for their web content – Daily Telegraph

Posted November 29th, 2010 in copyright, internet, news by sally

“News monitoring agencies will have to pay publishing companies to use their web content, the High Court has ruled.”

Full story

Daily Telegraph, 26th November 2010

Source: www.telegraph.co.uk

‘Horrific abuse’ by Cornwall paedophile ring – BBC News

Posted November 29th, 2010 in child abuse, news, sexual offences by sally

“A major paedophile ring which abused about 30 young girls in Cornwall has been smashed by police.”

Full story

BBC News, 26th November 2010

Source: www.bbc.co.uk

Government ready to cut terror detention limit – Daily Telegraph

Posted November 29th, 2010 in detention, news, terrorism by sally

“The Coalition government is preparing to cut the limit for terrorism suspects to be held before charge to 14 days — against the advice of senior lawyers — it can be disclosed.”

Full story

Daily Telegraph, 29th November 2010

Source: www.telegraph.co.uk

Legal executives seek independent conveyancing rights – Law Society’s Gazette

Posted November 29th, 2010 in conveyancing, legal executives, news by sally

“Legal executives could be granted independent rights to provide conveyancing services from next September, if a forthcoming application to the Legal Services Board is successful.”

Full story

Law Society’s Gazette, 29th November 2010

Source: www.lawgazette.co.uk

Northumbria Police face Stephen Mitchell damages claims – BBC News

“A police force which admitted failings over its recruitment of an officer who raped and assaulted vulnerable women is facing damages claims from his victims.”

Full story

BBC News, 28th November 2010

Source: www.bbc.co.uk

Lawyers should right-size their love of corporate jargon – The Guardian

Posted November 29th, 2010 in legal language, news by sally

“The legal profession is addicted to impenetrable language, but the fact is that phrases like ‘added value’ rarely … add any value.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Paedophile name-change ‘danger’ threatens Sarah’s Law – BBC News

Posted November 29th, 2010 in change of name, child abuse, news, sexual offences by sally

“A law being brought in to protect children from sex offenders will be undermined because it is too easy for them to change their name without informing the authorities, a children’s charity has warned.”

Full story

BBC News, 28th November 2010

Source: www.bbc.co.uk

Ken Clarke plans tough changes to community service – run privately – The Guardian

Posted November 29th, 2010 in community service, news, sentencing by sally

“Justice ministers are looking at proposals to turn community sentences into intensive programmes that run five days a week and are enforceable by the withdrawal of benefits, in an attempt to create alternatives to prison that are perceived as credible by the public.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Whitehall proposals ignore people who could fill civil legal aid void – Law Society’s Gazette

Posted November 29th, 2010 in legal aid, news by sally

“The most common reaction to last week’s Ministry of Justice green paper on legal aid is shock. That shock is manifested among legal aid practitioners, clients and the groups that speak for clients.”

Full story

Law Society’s Gazette, 25th November 2010

Source: www.lawgazette.co.uk

Why women who report rape fall foul of a harsh criminal justice system – The Guardian

Posted November 29th, 2010 in criminal justice, news, rape, victims by sally

“The idea that we are faced with the mutually exclusive objectives of protecting victims of rape and the innocent is false.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Related link: I accused my husband of rape. I was locked up – and he was set free

Disability equality forty years on – BBC News

Posted November 29th, 2010 in disability discrimination, equality, news by sally

“Forty years after the first Disability Act was introduced, a new BBC survey has shown that people with disabilities still face discrimination.”

Full story

BBC News, 29th November 2010

Source: www.bbc.co.uk