BAILII: Recent Decisions

Posted April 20th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

GJB v R. [2011] EWCA Crim 867 (01 April 2011)

High Court (Administrative Court)

Secerno Ltd & Ors v Oxford Magistrates Court & Anor [2011] EWHC 1009 (Admin) (19 April 2011)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company & Ors (Rev 1) [2011] EWHC 1019 (Comm) (19 April 2011)

Source: www.bailii.org

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

Posted April 20th, 2011 in civil procedure rules, disclosure, evidence, law reports, private hearings by sally

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 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.

Revenue and Customs Commissioners v Cotter – WLR Daily

Posted April 20th, 2011 in abuse of process, capital gains tax, income tax, jurisdiction, law reports by sally

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 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.

IPCC investigates after east London man dies in police custody – The Guardian

Posted April 20th, 2011 in complaints, death in custody, news, police by sally

“The independent police watchdog is investigating after a father-to-be died in police custody following an apparent altercation at a pub in east London.”

Full story

The Guardian, 19th April 2011

Source: www.guardian.co.uk

Jailed heroin restraint mother Julia Saker loses appeal – BBC News

Posted April 20th, 2011 in appeals, drug abuse, false imprisonment, news, sentencing by sally

“A Kent mother who was jailed for tying up her daughter to stop her buying heroin has lost an appeal against her prison sentence.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

David Cameron warned over IP law change by TV industry – The Guardian

Posted April 20th, 2011 in intellectual property, media, news by sally

“The UK’s biggest commercial broadcasters have joined forces to warn David Cameron against a wholesale relaxation of intellectual property (IP) laws, saying it could cripple the country’s £4bn audiovisual sector.”

Full story

The Guardian, 19th April 2011

Source: www.guardian.co.uk

UK banks lose payment protection insurance challenge – BBC News

Posted April 20th, 2011 in banking, compensation, insurance, judicial review, news by sally

“UK banks have lost a judicial review that could have a major impact on whether more compensation has to be paid on mis-sold loan insurance..”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Live Q&A: Applying for pupillage – The Guardian

Posted April 20th, 2011 in news, pupillage by sally

“As OLPAS application deadline approaches, we’ve assembled a panel of pupils to answer your questions. They will be online on Wednesday 20 April from 6pm to 8pm.”

Full story

The Guardian, 18th April 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 19th, 2011 in legislation by sally

The Coroners and Justice Act 2009 (Commencement No. 6) Order 2011

The Animal By-Products (Enforcement) (Wales) Regulations 2011

The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011

The Independent Health Care (Wales) Regulations 2011

Source: www.legislation.gov.uk

‘Restoring confidence so victims report rape is key’ – The Guardian

“As the director of public prosecutions, Keir Starmer is responsible for prosecutions, legal issues and criminal justice policy. Since he took up the post in November 2008, he has had to contend with the case of the death of Ian Tomlinson at the 2009 G20 Summit, the controversy around assisted suicide and has been drawn into the News of the World phone hacking scandal. Now he faces another challenge.”

Full story

The Guardian, 19th April 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 19th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Djanogly v Westminster City Council [2011] EWCA Civ 432 (19 April 2011)

ZZ v Secretary of State for the Home Department [2011] EWCA Civ 440 (19 April 2011)

Thorne v Courtier & Ors [2011] EWCA Civ 460 (19 April 2011)

CMA- CGM Marseille v Petro Broker International [2011] EWCA Civ 461 (19 April 2011)

Sandhu (t/a Isher Fashions UK) v Jet Star Retail Ltd & Ors [2011] EWCA Civ 459 (19 April 2011)

Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442 (19 April 2011)

ETK v News Group Newspapers Ltd. [2011] EWCA Civ 439 (19 April 2011)

Boswell & Ors v Lawson & Ors [2011] EWCA Civ 452 (19 April 2011)

High Court (Chancery Division)

Amin v Amin [2011] EWHC 1026 (Ch) (19 April 2011)

Cattle v Evans & Anor [2011] EWHC 945 (Ch) (19 April 2011)

High Court (Queen’s Bench Division)

Najib v John Laing Plc [2011] EWHC 1016 (QB) (19 April 2011)

High Court (Administrative Court)

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC 872 (Admin) (07 April 2011)

High Court (Technology and Construction Court)

CRJ Services Ltd v Lanstar Ltd (t/a CSG Lanstar) [2011] EWHC 972 (TCC) (19 April 2011)

Barr & Ors v Biffa Waste Services Ltd (No 3) [2011] EWHC 1003 (TCC) (19 April 2011)

Mears Ltd v Leeds City Council (No 2) [2011] EWHC 1031 (TCC) (19 April 2011)

Source: www.bailii.org

Man guilty of wife’s fake raid murder – The Independent

Posted April 19th, 2011 in murder, news, sentencing by sally

“A shopkeeper who bludgeoned his postmistress wife to death as she slept then blamed an armed robber was convicted of murder today.”

Full story

The Independent, 19th April 2011

Source: www.independent.co.uk

Court results put on Twitter by West Midlands Police – BBC News

Posted April 19th, 2011 in internet, judgments, law reports, news, police by sally

“Results from cases heard at Birmingham Magistrates’ Court are being put on Twitter by West Midlands Police.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

Pet micro-pig returns to owner’s Ramsbottom shop – BBC News

Posted April 19th, 2011 in animals, news by sally

“A pet pig who was banned from his owner’s shop by a council has been allowed back in after the discovery of a legal loophole.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

Secrecy fears after court bans contact with 65 people – Daily Telegraph

Posted April 19th, 2011 in Court of Protection, news, reporting restrictions by sally

“Fresh fears have been raised about secrecy in court cases after a judge banned journalists approaching 65 different people in a new gagging order.”

Full story

Daily Telegraph, 19th April 2011

Source: www.telegraph.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

Copyright law in Britain is ‘crazy’ – Daily Telegraph

Posted April 19th, 2011 in copyright, illegality, news by sally

“Britain needs to radically update its copyright laws, which criminalise millions of consumers who use iPods, according to a leading watchdog.”

Full story

Daily Telegraph, 19th April 2011

Source: www.telegraph.co.uk

Police actions killed Tomlinson, not heart attack, inquest is told – The Independent

Posted April 19th, 2011 in inquests, news, pathologists, police by sally

“Significant new evidence proves that Ian Tomlinson died from injuries caused by the trauma of being pushed to the ground and not from natural causes, his inquest heard yesterday.”

Full story

The Independent, 19th April 2011

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 18th, 2011 in legislation by sally

The Social Care Charges (Wales) Measure 2010 (Commencement) Order 2011

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3) (Wales) Order 2011

The Children and Young Persons Act 2008 (Commencement No. 6) (Wales) Order 2011

The Marine Licensing (Notices Appeals) (Wales) Regulations 2011

The Student Fees (Amounts) (Wales) Regulations 2011

The Student Fees (Approved Plans) (Wales) Regulations 2011

Source: www.legislation.gov.uk

Family of Kevin Lavelle loses ‘dumbbell’ legal bid – BBC News

Posted April 18th, 2011 in appeals, damages, DNA, news, professional conduct, unlawful killing by sally

“The family of a man who died in a pub fight after being attacked with an iron dumbbell have lost their latest legal bid to find his killer.”

Full story

BBC News, 18th April 2011

Source: www.bbc.co.uk