BAILII: Recent Decisions

Posted July 14th, 2011 in law reports by tracey

High Court (Administrative Court)

Burgin & Anor v Commission of Police for the Metropolis & Ors [2011] EWHC 1835 (Admin) (13 July 2011)

U & Partners(East Anglia) Ltd, R (on the application of) v The Broads Authority [2011] EWHC 1824 (Admin) (13 July 2011)

RT, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1792 (Admin) (13 July 2011)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

High Court (Commercial Court)

Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

High Court (Technology and Construction Court)

Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

Source: www.bailii.org

ABS timetable in danger of slipping – Law Society’s Gazette

“The Solicitors Regulation Authority may not be ready to license alternative business structures from the target date of 6 October.”

Full story

Law Society’s Gazette, 13th July 2011

Source: www.lawgazette.co.uk

Regina v Unah – WLR Daily

Posted July 14th, 2011 in defences, law reports, possession of false identity documents by tracey

Regina v Unah [2011] WLR (D)  225

“Where a defendant sought to rely on the defence of ‘reasonable excuse’ for the purposes of the offence of possessing a false identity document, contrary to section 25(5) of the Identity Cards Act 2006, the fact that the defendant did not know or believe that the document was false was not of itself a reasonable excuse. However, a defendant was entitled to ask the jury to consider objectively whether he had a reasonable excuse for possessing the material, and the fact that he did not know or believe that it was a false document, because of the circumstances in which it had been obtained, might well have a bearing on that question.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Shovelar and others v Lane and others – WLR Daily

Posted July 14th, 2011 in appeals, constructive trusts, costs, executors, law reports, wills by tracey

Shovelar and others v Lane and others [2011] EWCA Civ 802;  [2011] WLR (D)  224

“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”

WLR Daily, 12th July2011

Source: www.iclr.co.uk

Pannone LLP v Aardvark Digital Ltd – WLR Daily

Posted July 14th, 2011 in appeals, civil procedure rules, consent orders, law reports, time limits by tracey

Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803;  [2011] WLR (D)  223

“The court had power to extend the time for compliance with a court order, pursuant to CPR r 3.1(2)(a), and to grant relief from a sanction prescribed by a court order as the consequence of a failure to comply within a specified time, pursuant to CPR r 3.8, even where the order had been made by consent.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Jones and another v Ruth and another – WLR Daily

Posted July 14th, 2011 in appeals, damages, harassment, law reports, mental health by tracey

Jones and another v Ruth and another [2011] EWCA Civ 804;  [2011] WLR (D)  222

“Foreseeability of the injury or loss sustained by a claimant was not an essential element in the cause of action for harassment under section 3 of the Protection from Harassment Act 1997.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Regina v Dobson – WLR Daily

Posted July 14th, 2011 in appeals, law reports, verdicts by tracey

Regina v Dobson [2011] WLR (D)  221

“The principle that, even where there was a logical inconsistency in the verdicts of a jury, a conviction might be safe if the court found that there was an explanation for the inconsistency was subject to the limitation that the explanation had to fall within the parameters of the case as summed up by the trial judge.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Sports Grounds Safety Authority Act 2011 – legislation.gov.uk

Posted July 14th, 2011 in health & safety, legislation, sport by tracey

Sports Grounds Safety Authority Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 – legislation.gov.uk

Posted July 14th, 2011 in forfeiture, intestacy, legislation, succession, wills by tracey

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Wreck Removal Convention Act 2011 – legislation.gov.uk

Posted July 14th, 2011 in international law, legislation, shipping law, ships, wrecks by tracey

Wreck Removal Convention Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Police (Detention and Bail) Act 2011 – legislation.gov.uk

Posted July 14th, 2011 in bail, detention, legislation, police by tracey

Police (Detention and Bail) Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 14th, 2011 in legislation by tracey

The Natural History Museum (Authorised Repositories) Order 2011

The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011

Source: www.legislation.gov.uk

CONTEST speech – Speech by Home Secretary

Posted July 14th, 2011 in proscribed organisations, speeches, terrorism by tracey

“This speech was delivered by the Home Secretary on Tuesday 12th July 2011.”

Full speech

Home Office, 12th July 2011

Source: www.homeoffice.gov.uk

 

Government launches consultation on family migration – UK Border Agency

Posted July 14th, 2011 in consultations, families, forced marriages, immigration, press releases by tracey

“The government has today announced proposals to crack down on sham and forced marriages, as part of a new consultation on better family migration.”

Full press release

UK Border Agency, 13th July 2011

Source: www.ukba.homeoffice.gov.uk

Politicians demand more power over intelligence agencies – The Guardian

Posted July 14th, 2011 in intelligence services, news, parliament, reports by tracey

“MPs and peers must have a greater role in holding MI5, MI6, and GCHQ to account, the parliamentary intelligence and security committee (ISC) says in its latest annual report.”

Full story

The Guardian, 13th July 2011

Source: www.guardian.co.uk

Options for dealing with squatters – Ministry of Justice

Posted July 14th, 2011 in consultations, homelessness, housing, news, squatting by tracey

“Options for dealing with squatters – impact assessment.”

Full text

Ministry of Justice, 13th July 2011

Source: www.justice.gov.uk

Criminalising squatters could make more people homeless, says report – The Guardian

Posted July 14th, 2011 in homelessness, housing, illegality, news, squatting by tracey

“The government’s own impact assessment of plans to criminalise squatting has acknowledged that it could boost homelessness and rough sleeping, and target those who are already suffering from mental health and addiction problems.”

Full story

The Guardian, 13th July 2011

Source: www.guardian.co.uk

Sex abuse victims could suffer from legal aid cuts, MPs warn – The Guardian

“Victims of sexual abuse are in danger of being cross-examined in court by their tormentors unless the government makes legal aid available in such cases, according to a report by the Commons’ justice select committee.”

Full story

The Guardian, 14th July 2011

Source: www.guardian.co.uk

Contempt case holidaymaker jailed after Facebook photos – BBC News

Posted July 14th, 2011 in fraud, insurance, news, sentencing by tracey

“A man who drove to Italy with his wife despite claiming he was disabled has been jailed for nine months.”

Full story

BBC News, 13th July 2011

Source: www.bbc.co.uk

TV producer faces jail for stalking his former classmate – Daily Telegraph

Posted July 14th, 2011 in harassment, news, restraint orders by tracey

“A television producer who searched the internet for a former classmate 40,000 times, paid for background searches on the woman’s husband and posed as a parent at her daughter’s nursery is facing jail.”

Full story

Daily Telegraph, 13th July 2011

Source: www.telegraph.co.uk