BAILII: Recent Decisions

Posted March 12th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Smith v Northamptonshire County Council [2008] EWCA Civ 181 (11 March 2008)

XZ (Russia) & Anor v Secretary of State for the Home Department [2008] EWCA Civ 180 (11 March 2008)

Smith v Northamptonshire County Council [2008] EWCA Civ 181 (11 March 2008)

McKenny & Anor v Foster (t/a Foster Partnership) [2008] EWCA Civ 173 (06 March 2008)

High Court (Family Division)

PD v MD [2008] EWHC 403 (Fam) (03 March 2008)

High Court (Administrative Court)

D and B v Commissioner of Police for the Metropolis & Ors [2008] EWHC 442 (Admin) (14 February 2008)

Director of Public Prosecutions v Cove [2008] EWHC 441 (Admin) (14 February 2008)

HBH, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 446 (Admin) (15 February 2008)

JR Cussons & Son v Secretary of State for Communities and Local Government & Anor [2008] EWHC 443 (Admin) (20 February 2008)

Park Pharmacy Trust, R (on the application of) v Plymouth City Council & Anor [2008] EWHC 445 (Admin) (20 February 2008)

Bridgewood Rochester Ltd v Secretary of State for Communities and Local Government [2008] EWHC 405 (Admin) (26 February 2008)

Source: www.bailii.org

Forced marriage an evil in our society – Bridget Prentice – Ministry of Justice

Posted March 12th, 2008 in forced marriages, press releases by sally

“Forced marriage is an appalling and indefensible practice that the government is working hard to stop, Justice Minister Bridget Prentice said today.”

Full story

Ministry of Justice, 11th March 2008

Source: www.justice.gov.uk

Law chief ‘delaying Serbian corruption case’ – The Guardian

Posted March 12th, 2008 in attorney general, corruption, news, prosecutions by sally

“The attorney general, Lady Scotland, is using her powers over criminal prosecutions to delay another major overseas corruption case, the Guardian has learned.”

Full story

The Guardian, 12th March 2008

Source: www.guardian.co.uk

£40m to help boost community orders and control jail numbers – The Guardian

Posted March 12th, 2008 in news, prisons, probation, sentencing by sally

“An urgent cash injection of £40m to promote the use of alternatives to short prison sentences was announced yesterday by the justice minister David Hanson in the face of a prison population which stands at record levels of nearly 82,000.”

Full story

The Guardian, 12th March 2008

Source: www.guardian.co.uk

Gay teenager is facing gallows as his asylum bid is rejected – The Times

Posted March 12th, 2008 in asylum, homosexuality, Iran, news by sally

“A gay Iranian teenager faces deportation from Britain and execution in his home country after a Dutch court refused to hear his asylum claim.”

Full story

The Times, 12th March 2008

Source: www.timesonline.co.uk

Councils take legal action on night flights – The Guardian

Posted March 12th, 2008 in airports, news, noise by sally

“Three local authorities are to take the government to the high court in an attempt to stop night flights which they claim break noise regulations. Richmond, Wandsworth, and Windsor and Maidenhead councils have campaigned against night flights at Heathrow for several years and claim that the transport secretary, Ruth Kelly, is ‘failing in her duty to protect residents from excessive night noise’.”

Full story

The Guardian, 12th March 2008

Source: www.guardian.co.uk

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others – Times Law Reports

Posted March 12th, 2008 in law reports, pensions, trusts by sally

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others

Chancery Division

“There was no reason not to give the word ‘secure’ its usual meaning as a transitive verb when contained within the words ‘to secure the benefits under the scheme’ in a set of trust rules.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06 – Times Law Reports

Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06

Court of Justice of the European Communities

“The dismissal of a female employee when her ova had been fertilised in an in vitro procedure but had not yet been transferred into her uterus was not prohibited by the Community directive on the safety and health of pregnant workers, but was prohibited by the equal treatment directive it if was established that the dismissal was based on the fact that she had undergone in vitro fertilisation.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government – Times Law Reports

Posted March 12th, 2008 in law reports, local government, prerogative powers by sally

Regina (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government

Court of Appeal

“Proposals to replace two-tier local government in some parts of the country with unitary authorities, made before the necessary statutory powers were in place, were lawful as long as genuine reconsideration had been given to them after the commencement of the relevant Act.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

EU treaty bill clears the Commons – BBC News

Posted March 12th, 2008 in bills, EC law, news, treaties by sally

“The controversial bill which will ratify the Lisbon Treaty has cleared its final Commons stages.”

Full story

BBC News, 11th March 2008

Source: www.bbc.co.uk

Charity rules illegal, say independent schools – Daily Telegraph

Posted March 12th, 2008 in charities, education, news by sally

“Independent schools are threatening legal action over new rules that would force them to offer more free places to children from poor backgrounds.”

Full story

Daily Telegraph, 12th March 2008

Source: www.telegraph.co.uk

Hundreds of custody ‘near deaths’ – BBC News

Posted March 12th, 2008 in detention, news, police, self-harm by sally

“About 1,000 detainees are involved each year in incidents that result in serious illness or self-harm while in police custody, a report has suggested.”

Full story

BBC News, 12th March 2008

Source: www.bbc.co.uk

Harassed lawyer to get record £13m award – Daily Telegraph

Posted March 12th, 2008 in bullying, harassment, news, sex discrimination by sally

“A City lawyer who was left too ill to work after alleged bullying and harassment at her office is in line for record sex discrimination compensation of more than £13 million, it has been disclosed.”

Full story

Daily Telegraph, 12th March 2008

Source: www.telegraph.co.uk

Lords to rule on Ian Norris extradition case – The Times

Posted March 12th, 2008 in extradition, news, price fixing by sally

“The House of Lords will rule tomorrow on whether Ian Norris should be extradited to the US, in what is one of the most eagerly awaited legal cases of recent years.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Bullying and racism claims at nursing council – The Guardian

Posted March 12th, 2008 in bullying, news, nurses, racism by sally

“The government set up an independent inquiry yesterday into allegations of bullying and racism at the regulatory body that upholds professional standards among Britain’s 700,000 nurses and midwives.”

Full story

The Guardian, 12th March 2008

Source: www.guardian.co.uk

Legal Opinion: The Government must build a consensus on prison policy – The Independent

Posted March 12th, 2008 in sentencing, special report by sally

“Ministers have allowed headlines and political posturing to dictate penal policy. Now the time has come for the Government to step back from introducing more sentencing legislation, says Robert Verkaik, Law Editor.”

Full story

The Independent, 12th March 2008

Source: www.independent.co.uk

Rampton patients test smoking ban – The Times

Posted March 12th, 2008 in hospitals, news, smoking by sally

“Patients at a top security psychiatric hospital have brought a test case over the Government’s smoking ban.”

Full story

The Times, 12th March 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted March 11th, 2008 in legislation by sally

The Penwith College, Penzance (Dissolution) Order 2008

The Local Government Finance (New Parishes) (England) Regulations 2008

The Local Government (Parishes and Parish Councils) (England) Regulations 2008

The Occupational Pension Schemes (Non-European Schemes Exemption) Regulations 2008

The Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2008

The Tax Credits (Miscellaneous Amendments) Regulations 2008

The Young Offender Institution (Amendment) Rules 2008

The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2008

The Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008

The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008

The Personal Injuries (Civilians) (Amendment) Scheme 2008

The FCO Services Trading Fund Order 2008

The Street Works (Inspection Fees) (England) (Amendment) Regulations 2008

The Companies (Cross-Border Mergers) (Amendment) Regulations 2008

The Town and Country Planning (Mayor of London) Order 2008

The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008

The Income Tax (Purchased Life Annuities) Regulations 2008

The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2008

The Value Added Tax (Amendment) Regulations 2008

The Pensions Act 2004 (Commencement No. 11) Order 2008

The Electoral Administration Act 2006 (Commencement No.6) Order 2008

The Greater London Authority Act 2007 (Commencement No. 3) Order 2008

The Agriculture and Horticulture Development Board Order 2008

Source: www.opsi.gov.uk

An ancient law with modern resonance – The Times

Posted March 11th, 2008 in special report, treason by sally

“Ask a group of schoolchildren what they know about treason and they are most likely to mention Guy Fawkes and Ann Boleyn – but a closer look at the law brings some more recent names to mind.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

The rise and rise of judicial review – BBC Law in Action

Posted March 11th, 2008 in judicial review, special report by sally

“Does the growing power and readiness of judges to question government decisions threaten to unbalance our democracy?”

Full story

BBC Law in Action, 11th March 2008

Source: www.bbc.co.uk