BAILII: Recent Decisions

Posted July 16th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hall & Ors v Mayor of London (On Behalf of the Greater London Authority) [2010] EWCA Civ 817 (16 July 2010)

High Court (Administrative Court)

Mousa & Ors v Secretary of State for Defence & Anor [2010] EWHC 1823 (Admin) (16 July 2010)

High Court (Commercial Court)

Louis Dreyfus Commodities Kenya Ltd v Bolster Shipping Company Ltd [2010] EWHC 1732 (Comm) (14 July 2010)

High Court (Patents Court)

Yeda Research and Development Company Ltd v Comptroller General of Patents [2010] EWHC 1733 (Pat) (12 July 2010)

High Court (Queen’s Bench Division)

Coonan (Formerly Sutcliffe), R v [2010] EWHC 1741 (QB) (16 July 2010)

Source: www.bailii.org

Newspaper story did not qualify for responsible journalism defence, says Court of Appeal – OUT-LAW.com

Posted July 16th, 2010 in defamation, defences, internet, media, news by sally

“An article published by The Times did not meet the standards of responsible journalism required for a total defence against a defamation claim, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 15th July 2010

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted July 16th, 2010 in legislation by sally

The Social Security (Exemption from Claiming Retirement Pension) Regulations 2010

The Parliamentary Standards Act (Staff Transfer) Order 2010

Source: www.opsi.gov.uk

Al-Jedda v Secretary of State for Defence – WLR Daily

Posted July 16th, 2010 in appeals, armed forces, detention, human rights, Iraq, judges, law reports by sally

Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182

“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”

WLR Daily, 14th 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.

Regina (Gaunt) v Ofcom (Liberty intervening) – WLR Daily

Posted July 16th, 2010 in freedom of expression, law reports, media, ombudsmen, standards by sally

Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180

“It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or justification, notwithstanding that the finding might inhibit the broadcaster’s unrestrained freedom to conduct similar interviews in the future.”

WLR Daily, 14th 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.

Serious Organised Crime Agency v Gale and another – WLR Daily

Posted July 16th, 2010 in appeals, assets recovery, costs, cross-claims, law reports, proceeds of crime by sally

Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179

“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”

WLR Daily, 13th 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.

Army ‘involved in torture mission with US troops’ – The Independent

Posted July 16th, 2010 in armed forces, Iraq, news, torture by sally

“Claims that British soldiers used water torture on a badly beaten Iraqi man before unlawfully handing him over to US interrogators are being investigated by the Ministry of Defence. The troubling case includes the first evidence before a UK court of British soldiers being directly involved in a joint torture operation with US forces.”

Full story

The Independent, 16th July 2010

Source: www.independent.co.uk

Today, the firms behind the Buncefield fire will be held to account. But will they be made to pay? – The Independent

“It has taken five years, but today the companies whose negligence caused the biggest fire ever seen in Europe in peacetime and almost destroyed a thriving community around the Buncefield oil depot will face justice.”

Full story

The Independent, 16th July 2010

 Source: www.independent.co.uk

Owner of fighting dogs from Llanbradach jailed – BBC News

Posted July 16th, 2010 in animal cruelty, dogs, news, sentencing by sally

“A 47-year-old man has been jailed for six months for possessing fighting dogs and on animal cruelty charges.”

Full story

BBC News, 15th July 2010

Source: www.bbc.co.uk

Yorkshire Ripper Peter Sutcliffe awaits tariff decision – BBC News

Posted July 16th, 2010 in murder, news, sentencing by sally

“A High Court judge is to rule later on whether Peter Sutcliffe, the Yorkshire Ripper, will ever be released.”

Full story

BBC News, 15th July 2010

Source: www.bbc.co.uk

Romanian prince wins libel battle – Daily Telegraph

Posted July 16th, 2010 in defamation, news, royal family by sally

“Prince Radu of Romania accepted a public apology and ‘substantia’ damages in the High Court in Londonover ‘extremely grave’ magazine allegations about his title.”

Full story

Daily Telegraph, 15th July 2010

Source: www.telegraph.co.uk

Fears over new EU snooping powers for police – Daily Telegraph

Posted July 16th, 2010 in DNA, EC law, investigatory powers, news, police by sally

“The proposed power would allow officers from an EU country to demand information on anyone they suspect of an offence, no matter how minor or whether it is even criminal in the UK.”

Full story

Daily Telegraph, 16th July 2010

Source: www.telegraph.co.uk

Jail term for Luton man over fatal punch – BBC News

Posted July 15th, 2010 in homicide, news by sally

“A man has been jailed for punching a teenager, killing him following a year-long dispute between the two.”

Full story

BBC News, 14th July 2010

Source: www.bbc.co.uk

Couple jailed for giving baby methadone – The Guardian

Posted July 15th, 2010 in child cruelty, drug offences, news, sentencing by sally

“Recovering heroin users jailed for child cruelty after using drug to soothe infant in the six months up to her death.”

Full story

The Guardian, 15th July 2010

Source: www.guardian.co.uk

Judge kicks out £4.3m case against Rooney – The Independent

Posted July 15th, 2010 in contracts, costs, news, restraint of trade, sport by sally

“Wayne Rooney today defeated attempts to sue him for £4.3 million. The Manchester United and England striker was accused of withholding commission on multi-million pound deals brokered by sports management firm Proactive, who used to represent him.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

Metropolitan Police bids to block Baby Peter inquest – BBC News

Posted July 15th, 2010 in child abuse, inquests, news, police by sally

“The Metropolitan Police are trying to block an inquest into the death of Baby Peter, the BBC has learned.”

Full story

BBC News, 14th July 2010

Source: www.bbc.co.uk

‘Wicked’ woman jailed over false rape claim – The Independent

Posted July 15th, 2010 in news, perverting the course of justice, rape, sentencing by sally

“An ‘irresponsible and wicked’ woman was jailed for three years today after she slashed her body, hair and clothing to convince police she was the victim of a serious sexual assault.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

EasyJet founder wins Ryanair libel payout – The Independent

Posted July 15th, 2010 in advertising, airlines, damages, defamation, news by sally

“EasyJet founder Sir Stelios Haji-Ioannou accepted undisclosed libel damages today over Ryanair advertisements which accused him of lying.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

CPS damages claim saga rumbles on – Law Society’s Gazette

“A judge has with a ‘heavy heart’ allowed the Crown Prosecution Service to continue defending an employment tribunal claim that has already been in court four times and cost the taxpayer more than £1m, including a record £600,000 in damages for racial discrimination.”

Full story

Law Society’s Gazette, 15th July 2010

Source: www.lawgazette.co.uk

Bristol drug gang jailed after covert police operation – BBC News

Posted July 15th, 2010 in assets recovery, conspiracy, drug offences, gangs, news, sentencing by sally

“Four men have been jailed for their part in a drugs network which police said allowed them to live a life of luxury hotels and fast cars.”

Full story

BBC News, 14th July 2010

Source: www.bbc.co.uk