Month: May 2011

BAILII: Recent Decisions

Posted May 25th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Davis v R. [2011] EWCA Crim 1258 (24 May 2011)

Redmond, R. v [2011] EWCA Crim 203 (24 May 2011)

Smith, R. v [2011] EWCA Crim 1296 (24 May 2011)

Court of Appeal (Civil Division)

Whaley v Whaley [2011] EWCA Civ 617 (24 May 2011)

Best Buy Co Inc & Anor v Worldwide Sales Corporation Espana SL [2011] EWCA Civ 618 (24 May 2011)

Mumtaz Properties Ltd, Re [2011] EWCA Civ 610 (24 May 2011)

High Court (Queen’s Bench Division)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1334 (QB) (23 May 2011)

High Court (Chancery Division)

Thames Valley Housing Association Ltd & Anor v Elegant (Guernsey) Ltd & Ors [2011] EWHC 1288 (Ch) (24 May 2011)

High Court (Administrative Court)

Crown Prosecution Service v Winchester Crown Court [2011] EWHC 1255 (Admin) (06 May 2011)

Source: www.bailii.org

Grand v Gill – WLR Daily

Posted May 25th, 2011 in covenants, landlord & tenant, law reports, repairs by sally

Grand v Gill [2011] EWCA Civ 554; [2011] WLR (D) 172

“Plasterwork was part of the structure of a property, rather than being decoration.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the tenant, Tanya Grand, against the decision of Judge Karsten QC who, on 7 May 2009 at the Central London County Court, when awarding the tenant damages against the landlord, Param Gill, for breach of leasehold covenant in relation to a lease of a flat at 9B Marlborough Parade, Uxbridge Road, Hillingdon, had not included any sum in respect of plaster damage.”

WLR Daily, 19th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Identity theft gang jailed – Home Office

Posted May 25th, 2011 in identity fraud, money laundering, news, possession of false identity documents, sentencing by sally

“Eight members of an organised crime group have been sent to jail for more than 24 years for their part in large scale identity fraud and money laundering which resulted in the loss of millions of pounds.”

Full story

Home Office, 24th May 2011

Source: www.homeoffice.gov.uk

Gloucester man cleared of murdering baby daughter – BBC News

Posted May 25th, 2011 in causing death of children or vulnerable adults, murder, news by sally

“A Gloucester man who said he was suffering from post-natal depression has been found not guilty of murdering his baby daughter.”

Full story

BBC News, 24th May 2011

Source: www.bbc.co.uk

Lord Wakeham: law must be changed to stop judges handing out gagging orders – Daily Telegraph

Posted May 25th, 2011 in human rights, injunctions, media, news, privacy, public interest by sally

“The Human Rights Act should be amended urgently to end the ‘shambles’ of judges gagging newspapers over the private lives of celebrities, the former head of the press watchdog says today (24 May).”

Full story

Daily Telegraph, 24th May 2011

Source: www.telegraph.co.uk

Related link: Lord Wakeham on the Human Rights Act – the letter in full

Could Twitter become a threat to the justice system? – BBC News

Posted May 25th, 2011 in internet, juries, media, news, reporting restrictions, trials by sally

“During the row over privacy injunctions, critics have emphasised that it is near impossible to stop people revealing information on Twitter. But what if people use it to name victims in rape cases or reveal information from court that could see trials abandoned?”

Full story

BBC News, 25th May 2011

Source: www.bbc.co.uk

Injunction publicity backfires on celebrity law firm – The Guardian

Posted May 25th, 2011 in injunctions, internet, law firms, news, privacy by sally

“The present furore over superinjunctions is one in the eye for some London firms of celebrity lawyers, who have made large sums out of their new tools of ‘reputation management’.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

The untold story of gagging orders – The Independent

Posted May 25th, 2011 in injunctions, media, news, privacy, public interest by sally

“Hundreds of other reporting restrictions remain in force, and the public knows next to nothing about them.”

Full story

The Independent, 25th May 2011

Source: www.independent.co.uk

Gordon Ramsay’s father-in-law fails to retain superinjunction – The Guardian

Posted May 25th, 2011 in injunctions, media, news, privacy by sally

“A superinjunction obtained by the father-in-law of the television chef Gordon Ramsay has been partially lifted by an order of the court of appeal.”

Full story

The Guardian, 25th May 2011

Source: www.guardian.co.uk

Financier seeks to jail sister-in-law over injunction breach – The Guardian

Posted May 24th, 2011 in contempt of court, defamation, injunctions, internet, news by sally

“A wealthy British financier is seeking to have his sister-in-law secretly jailed in a libel case, in the latest escalation of the controversy over superinjunctions and the internet, the Guardian can disclose.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 24th, 2011 in legislation by sally

The FIRST Option Bonds (Exchange of Securities) Rules 2011

The Export Control (Syria and Miscellaneous Amendments) Order 2011

The Tractor etc (EC Type-Approval) (Amendment) Regulations 2011

The Investment Bank Special Administration (England and Wales) Rules 2011

The Occupational Pension Schemes (Contracting-out) Amendment Regulations 2011

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2011

Source: www.legislation.gov.uk

Ryan Giggs story could have been stopped by PCC, says Buscombe – The Guardian

Posted May 24th, 2011 in complaints, injunctions, media, news, privacy by sally

“The Press Complaints Commission chair, Baroness Buscombe, has claimed the organisation would have helped stop publication of allegations that Ryan Giggs had an affair with a former reality TV star.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Only companies put out of business can claim damages based on loss of value, says High Court – OUT-LAW.com

Posted May 24th, 2011 in company law, contracts, damages, news by sally

“A company cannot claim for a reduction in its value because of breach of contract unless it has gone out of business, the High Court has said. Damages in all other cases can be based only on the loss of profits caused by the breach, the Court said.”

Full story

OUT-LAW.com, 24th May 2011

Source: www.out-law.com

Ratcliffe power station activists launch appeal over undercover evidence – The Guardian

Posted May 24th, 2011 in appeals, evidence, news, police by sally

“Twenty environmental activists who were convicted of conspiring to shut down one of the UK’s biggest power stations are to launch an appeal after allegations that police suppressed potentially crucial evidence from an undercover officer.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Anatomy of an injunction: OPQ v two anonymous others – The Guardian

Posted May 24th, 2011 in injunctions, judgments, news by sally

“We identify the key passages in the judgment handed down allowing an injunction for a man known only as OPQ.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Foster carer Patrick Gallagher jailed for child sex abuse – BBC News

Posted May 24th, 2011 in child abuse, fostering, news, sentencing, sexual offences by sally

“An ex-foster father who sexually abused vulnerable boys placed in his care for more than a decade has been told by a judge he ‘should die in jail’.”

Full story

BBC News, 24th May 2011

Source: www.bbc.co.uk

Rosemary Nelson inquiry finds security forces did not collude – The Guardian

Posted May 24th, 2011 in conspiracy, inquiries, murder, news, Northern Ireland, police, reports by sally

“The security forces did not collude directly with loyalist paramilitaries who murdered the Northern Ireland solicitor Rosemary Nelson, a public inquiry has concluded.”

Full story

The Guardian, 23rd May 2011

Source: www.guardian.co.uk

Related link: Rosemary Nelson Inquiry Report, HC 947 (PDF)

DPP’s statement on the decision to prosecute PC Simon Harwood – The Guardian

Posted May 24th, 2011 in Crown Prosecution Service, homicide, news, police by sally

“Keir Starmer QC announces that the Met police officer is to face criminal proceedings over the death of Ian Tomlinson.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Teenage hitman Santre Gayle jailed for Subasi murder – BBC News

Posted May 24th, 2011 in murder, news, sentencing, young offenders by sally

“A hitman who was 15 years old when he murdered a woman in east London for £200 has been jailed for life.”

Full story

BBC News, 24th May 2011

Source: www.bbc.co.uk

Court of appeal quashes conviction over 1974 robbery – The Guardian

Posted May 24th, 2011 in appeals, Criminal Cases Review Commission, news, robbery by sally

“A man who has spent decades denying his involvement in an armed robbery has won his appeal against conviction.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk