BAILII: Recent Decisions

Posted November 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

SA, R (on the application of) v Kent County Council [2011] EWCA Civ 1303 (10 November 2011)

Berry v Ashtead Plant Hire Co Ltd & Ors [2011] EWCA Civ 1304 (10 November 2011)

Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285 (09 November 2011)

Court of Appeal (Criminal Division)

Mears & Anor, R. v [2011] EWCA Crim 2651 (10 November 2011)

High Court (Administrative Court)

Cherwell District Council v Anwar [2011] EWHC 2943 (Admin) (10 November 2011)

The Sefton Care Association & Ors, R (on the application of) v Sefton Council [2011] EWHC 2676 (Admin) (09 November 2011)

High Court (Chancery Division)

JSC BTA Bank v Shalabayev & Anor [2011] EWHC 2915 (Ch) (10 November 2011)

Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor [2011] EWHC 2892 (Ch) (09 November 2011)

High Court (Queen’s Bench Division)

Hussain v Bradford Teaching Hospital NHS Foundation Trust & Anor [2011] EWHC 2914 (QB) (10 November 2011)

Germany v Flatman [2011] EWHC 2945 (QB) (10 November 2011)

Fortune v Roe [2011] EWHC 2953 (QB) (10 November 2011)

High Court (Technology and Construction Court)

Carillion Construction Ltd. v Stephen Andrew Smith [2011] EWHC 2910 (TCC) (10 November 2011)

Source: www.bailii.org

Bubb v Wandsworth London Borough Council – WLR Daily

Posted November 11th, 2011 in appeals, homelessness, housing, judicial review, law reports, local government by sally

Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323

“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

UK solar companies take legal action against subsidies cuts – The Guardian

Posted November 11th, 2011 in energy, judicial review, news by sally

“A coalition of UK solar companies has initiated legal action against the government in response to its plans to more than halve solar subsidies.”

Full story

The Guardian, 10th November 2011

Source: www.guardian.co.uk

Gun runner’s accomplice found guilty of conspiracy to import – The Guardian

Posted November 11th, 2011 in conspiracy, firearms, news by sally

“A man has been found guilty of helping an international gun runner to smuggle dozens of handguns into Britain on commercial transatlantic flights.”

Full story

The Guardian, 10th November 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2011 in legislation by sally

The Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011

The Safety of Sports Grounds (Designation) (No.4) Order 2011

The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011

The Public Service Vehicles (Community Licences) Regulations 2011

The Goods Vehicles (Community Licences) Regulations 2011

The Road Transport Operator Regulations 2011

The Ecodesign for Energy-Related Products (Amendment) Regulations 2011

The Export Control (Al-Qaida and Taliban Sanctions) Regulations 2011

The Animal By-Products (Enforcement) and Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

Common European Sales Law – Law Commission

Posted November 11th, 2011 in consumer protection, contracts, EC law, reports, sale of goods by sally

“An optional system of European contract law advice to the UK Government published.”

Full report

Law Commission, 10th November 2011

Source: www.justice.gov.uk/lawcommission

CPS statement on the case of Anne the Elephant – Crown Prosecution Service

Posted November 11th, 2011 in animal cruelty, press releases, prosecutions by sally

“CPS takes on the prosecution of Bobby and Moira Roberts over mistreatment of circus elephant.”

Full press release

Crown Prosecution Service, 10th November 2011

Source: www.cps.gov.uk

Dumo Sibanda house fire murder: George Sithole jailed – BBC News

Posted November 11th, 2011 in murder, news, sentencing by sally

“A ‘jealous and possessive’ man has been jailed for life for murdering a six-year-old girl who died in a Sussex house fire seven years ago.”

Full story

BBC News, 10th November 2011

Source: www.bbc.co.uk

Met Police chief inspector sacked over sex and drugs boast – BBC News

Posted November 11th, 2011 in disciplinary procedures, news, police by sally

“A Metropolitan Police chief inspector has been sacked after boasting on a dating website of committing a sexual offence and taking drugs.”

Full story

BBC News, 10th November 2011

Source: www.bbc.co.uk

Taxman wins £100m on slot machine VAT ruling – The Guardian

Posted November 11th, 2011 in EC law, gambling, news, VAT by sally

“Revenue & Customs could claw back more than £100m after European court ruling on VAT for slot machines and bingo games.”

Full story

The Guardian, 10th November 2011

Source: www.guardian.co.uk

MPs in freedom of information call for release of files on secret rendition – The Guardian

Posted November 11th, 2011 in freedom of information, intelligence services, news, rendition, torture by sally

“Intelligence documents showing how British officials were involved in the secret rendition of UK residents to Guantánamo Bay and other jails – where they say they were abused and tortured – must be disclosed, an information tribunal was told on Thursday.”

Full story

The Guardian, 10th November 2011

Source: www.guardian.co.uk

Legal aid cuts ‘will stop the most vulnerable getting justice’ says report – The Guardian

Posted November 11th, 2011 in civil justice, Civil Justice Council, legal aid, litigants in person, news by sally

“Civil Justice Council says planned £350m reduction in legal aid budget will also result in courts struggling to manage caseloads.”

Full story

The Guardian, 11th November 2011

Source: www.guardian.co.uk

 

Access to Justice for Litigants in Person (or self-represented litigants) – Civil Justice Council

Posted November 11th, 2011 in civil justice, Civil Justice Council, legal aid, litigants in person, reports by sally

“A CJC working party has looked at how access to justice can be improved for individuals, known as litigants-in-person, who either choose not to have or cannot afford legal representation. Its report sets out a range of short and longer term practical recommendations aimed at addressing the problems faced by unrepresented litigants to help them resolve their disputes.”

Full report

Civil Justice Council, 11th November 2011

Source: www.judiciary.gov.uk/about-the-judiciary/advisory-bodies/cjc

Council cuts to elderly care fees ruled illegal – Daily Telegraph

Posted November 11th, 2011 in budgets, care homes, elderly, judicial review, local government, news by sally

“Councils across England could be forced to spend hundreds of millions of pounds extra on care for the elderly after a landmark High Court case.”

Full story

Daily Telegraph, 10th November 2011

Source: www.telegraph.co.uk

Clegg orders inquiry into ‘sex discrimination’ by banks – Daily Telegraph

Posted November 11th, 2011 in banking, news, sex discrimination by sally

“High street banks are guilty of sex discrimination, refusing pregnant women mortgages and charging higher interest rates on business loans to female entrepreneurs, research has found.”

Full story

Daily Telegraph, 10th November 2011

Source: www.telegraph.co.uk

Muslims Against Crusades banned from midnight – BBC News

Posted November 10th, 2011 in demonstrations, Islam, news, proscribed organisations by sally

“Home Secretary Theresa May is banning Muslims Against Crusades, a group planning an anti-Armistice Day protest.”

Full story

BBC News, 10th November 2011

Source: www.bbc.co.uk

Channel Islands VAT loophole to close from April – OUT-LAW.com

Posted November 10th, 2011 in news, tax avoidance, VAT by sally

“A tax loophole which allows retailers to avoid VAT charges by bringing low-value goods into the UK via the Channel Islands is to end from 1 April 2012, the Government has announced.”

Full story

OUT-LAW.com, 10th November 2011

Source: www.out-law.com

Cohabitees’ property rights: still as clear as mud – The Guardian

Posted November 10th, 2011 in cohabitation, mortgages, news, precedent, Supreme Court by sally

“The Jones v Kernott judgment does little to resolve the grey area of ex-cohabitees’ entitlements to a share in their former home.”

Full story

The Guardian, 10th November 2011

Source: www.guardian.co.uk

Public school gangster jailed for 30 years – The Independent

Posted November 10th, 2011 in drug abuse, murder, news, sentencing by sally

“A former public schoolboy who wanted to be a gangster was jailed for a minimum 30 years for murder today.”

Full story

The Independent, 10th November 2011

Source: www.independent.co.uk

Wandsworth Prison murder: Killers jailed for life – BBC News

Posted November 10th, 2011 in murder, news, prisons, sentencing by sally

“Two men convicted of murdering a man outside a prison in south London have been jailed for life.”

Full story

BBC News, 10th November 2011

Source: www.bbc.co.uk