BAILII: Recent Decisions

Posted March 13th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Chartbrook Ltd v Persimmon Homes Ltd [2008] EWCA Civ 183 (12 March 2008)

Furniss v Firth Brown Tools Ltd [2008] EWCA Civ 182 (12 March 2008)

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184 (12 March 2008)

Kelly & Ors R. (On the Applications of) v Secretary of State for Justice [2008] EWCA Civ 177 (12 March 2008)

RHJ Ltd v FT Patten (Holdings) Ltd & Anor [2008] EWCA Civ 151 (12 March 2008)

Secretary of State for Justice v Rayner [2008] EWCA Civ 176 (12 March 2008)

High Court (Chancery Division)

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch) (12 March 2008)

Source: www.bailii.org

Smith v Northamptonshire County Council – WLR Daily

Posted March 13th, 2008 in health & safety, law reports, personal injuries by sally

Smith v Northamptonshire County Council [2008] EWCA Civ 181; WLR (D) 83

“An employer had no responsibility to maintain a ramp on which its employee was injured which was installed by a third party on premises of a third party and over which it had no control.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Emmott v Michael Wilson & Partners Ltd – WLR Daily

Posted March 13th, 2008 in arbitration, confidentiality, disclosure, law reports by sally

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82

“The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Norris v Government of the United States of America – WLR Daily

Posted March 13th, 2008 in extradition, law reports, price fixing by sally

Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81

“During the period from 1989 to 2000 price fixing was not illegal under English law so that it was not an extradition offence for the purposes of s 137 of the Extradition Act 2003.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Revenue and Customs Comrs v Total Network SL – WLR Daily

Posted March 13th, 2008 in conspiracy, fraud, law reports, VAT by sally

Revenue and Customs Comrs v Total Network SL [2008] UKHL 19; WLR (D) 80

“No intention that the Revenue and Customs Commissioners should be barred from recovering damages for conspiracy in the form of a carousel fraud was to be attributed to the legislature in the enactment of the scheme in the Value Added Tax Act 1994. Criminal conduct could constitute unlawful means and be actionable as conspiracy whether or not it would be separately actionable if committed by an individual.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport – WLR Daily

Posted March 13th, 2008 in advertising, human rights, law reports, media by sally

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79

“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note 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 Total Network SL – Times Law Reports

Posted March 13th, 2008 in conspiracy, fraud, law reports, VAT by sally

Revenue and Customs Commissioners v Total Network SL

House of Lords

“Nothing in the Value Added Tax 1994 prevented the Revenue and Customs Commissioners from recovering damages for conspiracy against a participant in a carousel fraud; criminal conduct was actionable as conspiracy whether or not it would be actionable as a separate tort if committed by an individual.”

The Times, 13th 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.

Sentence halved as offender pays £750 – Daily Telegraph

Posted March 13th, 2008 in compensation, news, sentencing, wounding by sally

“A man who broke an elderly woman’s hip when he pushed her over had his prison sentence halved yesterday after agreeing to get £750 from his bank towards compensation.”

Full story

Daily Telegraph, 13th March 2008

Source: www.telegraph.co.uk

Stop prayers or face being sued, council told – Daily Telegraph

Posted March 13th, 2008 in human rights, local government, news, race discrimination by sally

“A town council is being advised to stop prayers before meetings or face the threat of legal action under race discrimination or human rights laws.”

Full story

Daily Telegraph, 13th March 2008

Source: www.telegraph.co.uk

Charman divorce deadlock looms as top Cayman judge issues rallying call for trusts – Legal Week

Posted March 13th, 2008 in Cayman Islands, divorce, news, trusts by sally

“A leading Caribbean judge has launched a staunch defence of trusts, fuelling expectations that there will be an unprecedented stand-off between offshore and onshore judges over the landmark Charman v Charman divorce ruling.”

Full story

Legal Week, 13th March 2008

Source: www.legalweek.com

Magna Carta what? English charter ‘a mystery to 45pc of population’ – Daily Telegraph

Posted March 13th, 2008 in magna carta, news by sally

“Nearly half of the UK population does not know what the Magna Carta is, according to a YouGov poll.”

Full story

Daily Telegraph, 13th March 2008

Source: www.telegraph.co.uk

Iraqi asylum seekers given deadline to go home or face destitution in UK – The Guardian

Posted March 13th, 2008 in asylum, Iraq, news by sally

“More than 1,400 rejected Iraqi asylum seekers are to be told they must go home or face destitution in Britain as the government considers Iraq safe enough to return them, according to leaked Home Office correspondence seen by the Guardian.”

Full story

The Guardian, 13th March 2008

Source: www.guardian.co.uk

Man loses grape case against M&S – BBC News

Posted March 13th, 2008 in accidents, news, personal injuries by sally

“An accountant who claimed he injured himself by slipping on a grape in a Marks and Spencer car park has lost his High Court bid for damages.”

Full story

BBC News, 12th March 2008

Source: www.bbc.co.uk

Norris: lawyers welcome ruling – The Times

Posted March 13th, 2008 in news, price fixing by sally

“The ruling by the law lords today that price-fixing was not a crime in the UK before the Enterprise Act took effect in 2003 was a significant victory for Ian Norris, the former head of Morgan Crucible.”

Full story

The Times, 12th March 2008

Source: www.timesonline.co.uk

Home Office on Phorm: it’s legal if users consent – The Guardian

Posted March 13th, 2008 in advertising, internet, news by sally

“A Home Office official has made public the contents of an internal analysis for the Home Office dealing with the question of whether Phorm’s model for targeted advertising is legal under interception of communications legislation.”

Full story

The Guardian, 12th March 2008

Source: www.guardian.co.uk

Legal community slams Budget’s non-doms policy – The Lawyer

Posted March 13th, 2008 in budgets, domicile, news, taxation by sally

“The Chancellor Alistair Darling has pushed ahead with plans to hit non-domiciled residents with a £30,000 annual tax, with the levy kicking in once they have lived in the UK for seven years.”

Full story

The Lawyer, 12th March 2008

Source: www.thelawyer.com

Recent Statutory Instruments – OPSI

Posted March 12th, 2008 in legislation by sally

The Stamp Duty Land Tax (Open-ended Investment Companies) Regulations 2008

The Income Tax (Indexation) (No. 2) Order 2008

The Capital Gains Tax (Annual Exempt Amount) Order 2008

The Fire and Rescue Authorities (Best Value Performance Indicators) (Wales) Order 2008

The Discretionary Financial Assistance (Amendment) Regulations 2008

The Metropolitan Police Authority Regulations 2008

The Police Authority Regulations 2008

The Companies (Defective Accounts and Directors’ Reports) (Authorised Person) and Supervision of Accounts and Reports (Prescribed Body) Order 2008

The Police and Justice Act 2006 (Supplementary and Transitional Provisions)(Amendment) Order 2008

The Inheritance Tax (Delivery of Accounts) (Excepted Settlements) Regulations 2008

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2008

The Police and Justice Act 2006 (Commencement No.1, Transitional and Saving Provisions) (Amendment) Order 2008

The Public Trustee (Fees) Order 2008

The Consumers, Estate Agents and Redress Act 2007 (Commencement No. 3 and Supplementary Provision) Order 2008

The Northern Rock plc Compensation Scheme Order 2008

Source: www.opsi.gov.uk

Third of online shops undermine consumer rights, says OFT – OUT-LAW.com

Posted March 12th, 2008 in consumer protection, internet, news by sally

“Nearly a third of retail websites surveyed by the Office of Fair Trading (OFT) are breaking laws designed to protect shoppers.”

Full story

OUT-LAW.com, 12th March 2008

Source: www.out-law.com

Budget 2008 – HM Treasury

Posted March 12th, 2008 in budgets, news by sally

The 2008 Budget Report was published on 12 March 2008.

Full Report

Chancellor of the Exchequer’s Budget statement

HM Treasury, 12th March 2008

Source: www.hm-treasury.gov.uk

Law firms still confused over age laws – The Times

Posted March 12th, 2008 in age discrimination, law firms, news by sally

“Eighteen months and two cases on, lawyers are still unsure how age discrimination rules apply to them.”

Full story

The Times, 12th March 2008

Source: www.timesonline.co.uk