BAILII: Recent Decisions

Posted October 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Kapoor v National Westminster Bank Plc & Anor [2011] EWCA Civ 1083 (05 October 2011)

High Court (Queen’s Bench Division)

Trustees of Beardsley Theobalds Retirement Benefit Scheme v Yardley [2011] EWHC 1380 (QB) (30 September 2011)

Triplot & Anor v Whetter [2011] EWHC 931 (QB) (30 September 2011)

Cartlidge Morland (a firm) v Thomas [2011] EWHC 2086 (QB) (30 September 2011)

Butler- Creagh v AIDA Hersham [2011] EWHC 2525 (QB) (06 October 2011)

High Court (Chancery Division)

Whealing v Royal Institution of Chartered Surveyors [2011] EWHC 2482 (Ch) (17 August 2011)

High Court (Administrative Court)

Kobir, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2515 (Admin) (06 October 2011)

Raki, R (on the application of) v Secretary of State for the Home Department & Anor [2011] EWHC 2421 (Admin) (06 October 2011)

High Court (Family Division)

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2498 (Fam) (01 September 2011)

G v A (No 3) (Schedule 1 settlement of property) [2011] EWHC 2377 (Fam) (22 September 2011)

High Court (Commercial Court)

Paragon Mortgages Ltd v McEwan-Peters & Anor [2011] EWHC 2491 (Comm) (05 October 2011)

Thai Maparn Trading Co Ltd v Louis Drefyus Commodities Asia Pte Ltd [2011] EWHC 2494 (Comm) (04 October 2011)

Societe Generale SA v Saad Trading & Anor [2011] EWHC 2424 (Comm) (05 October 2011)

Acergy Shipping Ltd v Societe Bretonne De Reparation Navale SAS [2011] EWHC 2490 (Comm) (05 October 2011)

High Court (Patents Court)

Re Halliburton Energy Services Inc [2011] EWHC 2508 (Pat) (05 October 2011)

Source: www.bailii.org

New dawn in legal sector will give boost to UK business and customers – Ministry of Justice

“The public are set to benefit from modern, joined-up legal services after Justice Minister Jonathan Djanogly announced the start of radical changes to the sector today (6 October).”

Full story

Ministry of Justice, 6th October 2011

Source: www.justice.gov.uk

Young Bar Chairman Encourages Young Barristers to Adapt in Order to Survive – The Bar Council

Posted October 7th, 2011 in barristers, news by sally

“Nichola Higgins, Chairman of the Bar Council’s Young Barristers’ Committee (YBC), will encourage young barristers, pupils and students to consider the future of the profession and seize opportunities to diversify their practice area at its Annual Conference on Saturday 8 October.”

Full story

The Bar Council, 7th October 2011

Source: www.barcouncil.org.uk

Householder cleared over fatal stabbing of intruder – The Guardian

Posted October 7th, 2011 in attempts, burglary, murder, news, prosecutions, self-defence by sally

“A householder arrested on suspicion of murder after the death of an intruder at his home has been cleared of any wrongdoing.”

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The Guardian, 7th October 2011

Source: www.guardian.co.uk

Dangerous driving: the victims let down by the law – Daily Telegraph

Posted October 7th, 2011 in dangerous driving, news, sentencing, victims by sally

“Today the government announces that the penalty for death by dangerous driving will rise from two years in prison to five years. But it is too late for some. Here are the victims let down by the law.”

Full story

Daily Telegraph, 7th October 2011

Source: www.telegraph.co.uk

Unfairly judged: gay lawyers say judiciary still plagued by homophobia – The Guardian

“Recent research shows 70% believe there is prejudice within the selection process for judicial appointments.”

Full story

The Guardian, 6th October 2011

Source: www.guardian.co.uk

The Milly Dowler Trial – Garden Court Chambers Blog

Posted October 7th, 2011 in criminal procedure, cross-examination, murder, news, witnesses by sally

“The Milly Dowler trial raised a number of questions about the operation of the criminal justice system.Ali Naseem Bajwa QC argues that, despite criticisms, the trial process was a fair one.”

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Garden Court Chambers Blog, 6th October 2011

Source: www.gclaw.wordpress.com

Father has £108,000 taken from bank in record child support payment seizure – Daily Telegraph

Posted October 7th, 2011 in child support, confiscation, news by sally

“A father had £108,000 forcibly taken from his bank in a record child support payment seizure.”

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Daily Telegraph, 6th October 2011

Source: www.telegraph.co.uk

Woman jailed after using drill to sink estranged husband’s £75,000 yacht – The Guardian

Posted October 7th, 2011 in criminal damage with intent to endanger life, news, sentencing by sally

“A ‘manipulative and angry’ woman has been jailed for 18 months after drilling holes in her estranged husband’s £75,000 yacht and causing it to sink on Valentine’s Day.”

Full story

The Guardian, 6th October 2011

Source: www.guardian.co.uk

Libyan Sami al Saadi to sue UK over rendition claims – BBC News

Posted October 7th, 2011 in intelligence services, news, rendition, torture by sally

“A Libyan man who claims MI6 arranged to send him home to be tortured in Colonel Gaddafi’s jails has begun legal action against the UK government.”

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BBC News, 7th October 2011

Source: www.bbc.co.uk

Right to private life ‘at risk’ in plan to store DNA of innocent people – Daily Telegraph

Posted October 7th, 2011 in data protection, DNA, human rights, news, police by sally

“The Home Secretary’s plan to retain the DNA of people charged but then cleared of offences may breach human rights law, a group of MPs and peers have said.”

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Daily Telegraph, 7th October 2011

Source: www.telegraph.co.uk

Deportee to sue immigration authorities for unlawful detention – The Guardian

Posted October 7th, 2011 in deportation, false imprisonment, immigration, news by sally

“A man detained by the immigration authorities for four years and seven months while they tried to deport him to Morocco is claiming damages for unlawful detention after the high court ruled his incarceration was “self-evidently unreasonable”.”

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The Guardian, 6th October 2011

Source: www.guardian.co.uk

Government consider ‘transitional period’ for controversial planning reforms – OUT-LAW.com

Posted October 7th, 2011 in news, planning by sally

“The Government is considering implementing a ‘transitional period’ before the draft National Planning Policy Framework (NPPF) is enacted to allow councils to update their local plans.”

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OUT-LAW.com, 6th October 2011

Source: www.out-law.com

Tzipi Livni spared war crime arrest threat – The Guardian

Posted October 7th, 2011 in diplomats, news, prosecutions, war crimes by sally

“The Israeli opposition leader Tzipi Livni has avoided the possibility of prosecution in a British court for war crimes after the Foreign Office declared that she enjoys temporary diplomatic immunity.”

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The Guardian, 6th October 2011

Source: www.guardian.co.uk

Children’s charity fraudster Howard Rose jailed – BBC News

Posted October 7th, 2011 in abuse of position of trust, false accounting, news, sentencing, theft by sally

“A ‘heartless’ charity administrator who took more than £76,000 from a fund for sick children has been jailed.”

Full story

BBC News, 6th October 2011

Source: www.bbc.co.uk

Dale Farm eviction ruling delayed – The Guardian

Posted October 7th, 2011 in enforcement notices, gipsies, housing, news, planning by sally

“Residents of Dale Farm will have to wait until next week to learn whether they have won or lost their high court battle against eviction.”

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The Guardian, 6th October 2011

Source: www.guardian.co.uk