BAILII: Recent Decisions

Posted September 21st, 2011 in law reports by michael

Court of Appeal (Civil Division)

AJ v Secretary of State for the Home Department [2011] EWCA Civ 1081 (21 September 2011)

High Court ) Family Division)

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011)

High Court (Technology and Construction Court)

Hackney Empire Ltd v Aviva Insurance UK Ltd [2011] EWHC 2378 (TCC) (21 September 2011)

Source: www.bailii.org

 

 

 

Recent Statutory Instruments – legislation.gov.uk

Posted September 21st, 2011 in legislation by michael

The Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2011

The Landfill (Maximum Landfill Amount) Regulations 2011

Source: www.legislation.gov.uk

Car insurer’s repair costs “cannot be in the public interest”, judge says – OUT-LAW.com

Posted September 21st, 2011 in insurance, news, public interest, repairs by michael

“A major motor insurer has been ‘boosting profits’ beyond the actual costs it incurs carrying out repairs, a County Court judge has said.”

Full story

OUT-LAW.com, 20th September 2011

Source: www.out-law.com

Experts in family cases – judicial guidance (revised) – Legal Aid Handbook Blog

Posted September 21st, 2011 in expert witnesses, families, judiciary, legal aid, news by michael

“Following our post last week HHJ Altman has revised his guidance to take account of the need to apply for prior authority as a pre-condition of exceeding the prescribed maximum rates for experts.”

Full story

Legal Aid Handbook Blog, 20th September 2011

Revised guidance (pdf)

Source: www: http://legalaidhandbook.com

Met police drop action against the Guardian over hacking sources – The Guardian

Posted September 21st, 2011 in confidentiality, interception, media, news, official secrets act, police by michael

“The Metropolitan police has dropped its attempt to force the Guardian to reveal confidential sources for stories relating to the phone-hacking scandal.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk

Reprieved Travellers are warned they face a bill for costs of delay – The Independent

Posted September 21st, 2011 in bailiffs, costs, enforcement notices, injunctions, local government, news, travellers by michael

“Families who celebrated a last-gasp reprieve which prevented their eviction from a Travellers’ site at Dale Farm in Essex on Monday have been warned they will be hit with a bill for the costs of the delay, should the temporary injunction be cancelled at a second hearing on Friday.”

Full story

The Independent, 21st September 2011

Source: www.independent.co.uk

 

Louise Mensch complaint over New Statesman’s Sarah Palin claims upheld – The Guardian

Posted September 21st, 2011 in complaints, media, news, ombudsmen by michael

“The press watchdog has upheld a complaint from Louise Mensch about three New Statesman articles that claimed the Conservative MP ‘identifies closely’ with the Tea Party politician Sarah Palin.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk

Expenses fraud MP Elliot Morley freed – The Independent

Posted September 21st, 2011 in detention, early release, expenses, fraud, news, parliament by michael

“Former environment minister Elliot Morley has been freed from prison after serving a quarter of his 16-month sentence for fiddling his parliamentary expenses, sources said.”

Full story

The Independent, 20th September 2011

Source: www.independent.co.uk

Phone hacking, the Met police and the David Shayler case – The Guardian

Posted September 21st, 2011 in freedom of expression, interception, media, news, official secrets act, police by michael

“The Met police have turned to the Official Secrets Act to obtain Guardian phone hacking material. In 2000 they lost a similar case relating to former MI5 spy David Shayler.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk

 

UK cannot deport Nigerian man convicted of rape, European court rules – The Guardian

Posted September 20th, 2011 in deportation, human rights, news, rape, rehabilitation by tracey

“The Home Office’s ability to deport individuals who have committed crimes may be curtailed by a European court judgment banning the removal of a Nigerian man convicted of rape.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk

Theresa May defends decision to exclude Palestinian activist from UK – The Guardian

Posted September 20th, 2011 in detention, false imprisonment, immigration, news by tracey

“The home secretary, Theresa May, has defended her decision to exclude the Palestinian political activist Sheikh Raed Salah from Britain, insisting that she will take pre-emptive action against those who encourage extremism. A high court judge is to decide whether Salah’s arrest and detention was illegal and if he should be entitled to damages for false imprisonment.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk

Judge critical over mother’s deportation – BBC News

Posted September 20th, 2011 in children, deportation, news by tracey

“A judge has criticised the Home Office after a mother was separated from her two Nottingham children by being deported to her native Africa.”

Full story

BBC News, 20th September 2011

Source: www.bbc.co.uk

Sheffield Council settles pay claim for 900 workers – BBC News

Posted September 20th, 2011 in equal pay, local government, news by tracey

“An equal pay claim by hundreds of women working at Sheffield City Council has been settled before it reached a Supreme Court hearing next month.”

Full story

BBC News, 19th September 2011

Source: www.bbc.co.uk

Doctors fear monitoring of private beliefs as ‘praying GP’ faces hearing – Daily Telegraph

Posted September 20th, 2011 in belief discrimination, Church of England, disciplinary procedures, doctors, news by tracey

“Doctors fear their private lives and personal beliefs will soon come under increasing scrutiny from regulators, as a Christian GP who prayed with a patient faces a formal hearing.”

Full story

Daily Telegraph, 17th September 2011

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 20th, 2011 in legislation by tracey

The Police Act 1997 (Criminal Records and Registration) (Isle of Man) Regulations 2011

The Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011

The Crime and Security Act 2010 (Domestic Violence: Pilot Schemes) Order (No. 2) 2011

The Air Traffic Controller Licensing (National Supervisory Authority) Regulations 2011

Source: www.legislation.gov.uk

Lessons learnt since 9/11 – Speech by the Home Secretary

Posted September 20th, 2011 in speeches, terrorism by tracey

“During a visit to the US the Home Secretary gave a speech to the Council on Foreign Relations.”

Full speech

Home Office, 17th September 2011

Source: www.homeoffice.gov.uk

Community Legal Service (Funding) (Amendment No. 2) Order 2011 and Criminal Defence Service (Funding) (Amendment) Order 2011 – The Bar Council

Posted September 20th, 2011 in legal aid, legal services, legislation, press releases by tracey

“The Community Legal Service (Funding) (Amendment No. 2) Order 2011 and the Criminal Defence Service (Funding) (Amendment) Order 2011 were laid on 24 August 2011.”

Full press release

The Bar Council, 19th September 2011

Source: www.barcouncil.org.uk

Corporate killing: the Gleision Colliery tragedy – Halsbury’s Law Exchange

Posted September 20th, 2011 in accidents, corporate manslaughter, miners, news by tracey

“It is important for bereaved families to know how and why their loved ones died. It is equally important that we hold corporate bodies to account for any failures which lead to unnecessary loss of life. The investigation into the deaths at Gleision Colliery is reported to be focussing on forensic testing at the scene. Meanwhile, vital proof of whether or not this was a corporate manslaughter, by systemic failure or not, will be sitting in the offices of the private owner and needs to be obtained and analysed.”

Full story

Halsbury’s Law Exchange, 19th September 2011

Source: www.halsburyslawexchange.co.uk

Phone hacking: Met failed to consult before invoking Official Secrets Act – The Guardian

“Scotland Yard officers failed to consult either the director of public prosecutions or the attorney general before invoking the Official Secrets Act to try to force the Guardian to reveal journalistic sources, it has been revealed.”

Full story

The Guardian, 19th September 2011

Source: www.guardian.co.uk

Met’s supergrass system called into question by dismissal of Gary Eaton – The Guardian

Posted September 20th, 2011 in assisting offenders, news, police, witnesses by tracey

“Scotland Yard’s supergrass system has been called into question after a judge ruled a key criminal witness was a ‘pathological liar’ for the second time in six months.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk