BAILII: Recent Decisions

Posted July 8th, 2010 in law reports by sally

Supreme Court

Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 (07 July 2010)

HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 (07 July 2010)

Court of Appeal

Gale & Ors v Serious Organised Crime Agency [2010] EWCA Civ 759 (07 July 2010)

Mentmore International Ltd & Ors v Abbey Healthcare (Festival) Ltd & Anor [2010] EWCA Civ 761 (07 July 2010)

High Court (Chancery Division)

Goldfarb v Higgins & Ors [2010] EWHC 1587 (Ch) (07 July 2010)

Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Anor [2010] EWHC 1693 (Ch) (07 July 2010)

Law Society of England & Wales v Isaac & Isaac International Holdings Ltd & Ors [2010] EWHC 1670 (Ch) (07 July 2010)

Pirtek (UK) Ltd v Joinplace Ltd (t/a Pirtek Darlington) & Ors [2010] EWHC 1641 (Ch) (07 July 2010)

High Court (Commercial Court)

Owneast Shipping Ltd v Qatar Navigation QSC [2010] EWHC 1663 (Comm) (07 July 2010)

Source: www.bailii.org

Adedoyin v Secretary of State for the Home Department – WLR Daily

Posted July 8th, 2010 in appeals, deceit, immigration, law reports by sally

Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172

“Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. The term ‘false representations’ in paras 320(7A)(7B) and 322(1A) of the Immigration Rules should be read as meaning ‘dishonest representations’, though the dishonesty need not be that of the claimant himself.”

WLR Daily, 7th July 2010

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.

A v East Sussex County Council and another – WLR Daily

Posted July 8th, 2010 in appeals, children, compensation, law reports, local government by sally

A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171

“Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best.”

WLR Daily, 7th July 2010

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.

Church of England pays damages over abuse claims – BBC News

Posted July 8th, 2010 in child abuse, Church of England, damages, drug abuse, news, sexual offences by sally

“The Church of England has paid substantial damages to a woman who claims she was forcibly drugged and sexually abused whilst in the care of a church-run children’s home.”

Full story

BBC News, 7th July 2010

Source: www.bbc.co.uk

Solicitors vie for judicial office – Law Society’s Gazette

Posted July 8th, 2010 in judicial appointments commission, news, solicitors by sally

“The number of applications from solicitors for the role of civil district judge almost doubled in the last selection round, according to data published by the Judicial Appointments Commission (JAC) last week.”

Full story

Law Society’s Gazette, 8th July 2010

Source: www.lawgazette.co.uk

Why the Supreme Court ruled against the deportation of gay asylum-seekers – The Independent

Posted July 8th, 2010 in asylum, deportation, homosexuality, news, Supreme Court by sally

“Gay and lesbian asylum-seekers have won the right to live in Britain after the Supreme Court ruled yesterday that the Government was wrong to return refugees to countries where people had to choose between homophobic persecution or hiding their true sexual identity.”

Full story

The Independent, 8th July 2010

Source: www.independent.co.uk

FSA to seek exemption for the City from from tough EU rules on bankers’ pay – Daily Telegraph

Posted July 8th, 2010 in banking, EC law, financial regulation, news, remuneration by sally

“The City watchdog is considering whether Britain can claim exemption from European laws that will introduce the toughest pay restrictions in the world.”

Full story

Daily Telegraph, 7th July 2010

Source: www.telegraph.co.uk

BT and TalkTalk challenge Digital Economy Act – BBC News

Posted July 8th, 2010 in copyright, internet, judicial review, legislation, news, telecommunications by sally

“BT and TalkTalk are seeking a judicial review of the controversial Digital Economy Act, BBC News has learned.”

Full story

BBC News, 8th July 2010

Source: www.bbc.co.uk

Top law officers to be stripped of policy making roles, says Dominic Grieve – The Guardian

Posted July 8th, 2010 in attorney general, government departments, legal profession, news by sally

“The attorney general has delivered a stinging attack on the former government, saying it ‘lured’ law officers into a policy-making role.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

Payout for Nottingham brain damage teenager – BBC News

Posted July 8th, 2010 in compensation, doctors, hospitals, news by sally

“A Nottingham teenager left brain damaged and paralysed after a series of medical errors has won a multi-million pound payout.”

Full story

BBC News, 7th July 2010

Source: www.bbc.co.uk

Man jailed for 1986 rape – The Independent

Posted July 8th, 2010 in DNA, news, rape, sentencing by sally

“A rapist was jailed for eight years today after admitting a horrific sex attack on an 18-year-old woman on waste ground 24 years ago.”

Full story

The Independent, 7th July 2010

Source: www.independent.co.uk

Refugee and Migrant Justice clients lose High Court bid – Law Society’s Gazette

“The High Court has rejected a bid to allow collapsed immigration advice charity Refugee and Migrant Justice to carry on representing its clients until their cases are transferred to other firms.”

Full story

Law Society’s Gazette, 7th July 2010

Source: www.lawgazette.co.uk

Private law firms letting down the side on diversity – The Guardian

Posted July 8th, 2010 in equality, law firms, legal profession, news by sally

“The UK’s legal profession continues to drag its feet in ensuring the same opportunities for all regardless of gender, ethnicity or sexual orientation.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

David Cameron must not compromise on torture – The Guardian

Posted July 7th, 2010 in inquiries, intelligence services, legislation, news, torture by sally

“The coalition should wait for the results of the torture inquiry before proposing legislation that bows to transatlantic pressure.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

Behavioural advertising is fair if users can opt out, says privacy watchdog – OUT-LAW.com

Posted July 7th, 2010 in advertising, data protection, internet, news, privacy by sally

“There is nothing ‘intrinsically unfair’ about behavioural advertising but website operators should offer visitors the option of using their services without any activity being recorded, privacy watchdog the Information Commissioner has said.”

Full story

OUT-LAW.com, 7th July 2010

Source: www.out-law.com

Government rules out appealing defence costs cap judgment – Law Society’s Gazette

Posted July 7th, 2010 in costs, defence, Law Society, Ministry of Justice, news by sally

“The Law Society has welcomed the government’s decision not to appeal against Chancery Lane’s recent court victory in defeating the previous administration’s plans to make acquitted defendants pay most of the costs of their own defence.”

Full story

Law Society’s Gazette, 7th July 2010

Source: www.lawgazette.co.uk

Supreme court recognises gay asylum rights – The Guardian

Posted July 7th, 2010 in asylum, homosexuality, international law, news, refugees, Supreme Court by sally

“Judgment means lesbian, gay, bisexual and transgender people have the right to escape persecution.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 7th, 2010 in law reports by sally

High Court (Chancery Division)

Kotonou v National Westminster Bank Plc [2010] EWHC 1659 (Ch) (05 July 2010)

High Court (Technology and Construction Court)

Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC) (25 June 2010)

Source: www.bailii.org

Teenager cleared of throwing can at Facebook party – The Independent

Posted July 7th, 2010 in affray, news, offensive weapons, public order by sally

“A judge threw out the case against a teenager accused of throwing a beer can at police outside a party invaded by 200 gatecrashers after it was advertised on Facebook.”

Full story

The Independent, 6th July 2010

Source: www.independent.co.uk

UK’s first private prison condemned in report – The Independent

Posted July 7th, 2010 in drug abuse, news, prisons, reports by sally

“Britain’s first private prison, opened in the year Ken Clarke was Conservative Home Secretary, was roundly condemned by independent inspectors today.”

Full story

The Independent, 6th July 2010

Source: www.independent.co.uk