BAILII: Recent Decisions

Posted May 19th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Grand v Gill [2011] EWCA Civ 554 (19 May 2011)

Court of Appeal (Criminal Division)

Sammon v R. [2011] EWCA Crim 1199 (18 May 2011)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

High Court (Family division)

X, Y, Z (Minors), Re [2011] EWHC 1267 (Fam) (18 May 2011)

High Court (Queen’s Bench Division)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

London Borough of Wandsworth v Covent Garden Market Authority [2011] EWHC 1245 (QB) (18 May 2011)

Proteus Property Partners Ltd v South African Property Opportunities Plc [2011] EWHC 1236 (QB) (18 May 2011)

Source: www.bailii.org

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) – WLR Daily

Posted May 19th, 2011 in human rights, inquests, law reports, Supreme Court by sally

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) [2011] UKSC 20;  [2011] WLR (D)  163

“If the United Kingdom chose to hold an inquest into a death resulting from acts by agents of the state which occurred before the Human Rights Act 1998 came into force, that inquest had to comply with the procedural obligations of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

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

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) – WLR Daily

Posted May 19th, 2011 in DNA, law reports, police, Supreme Court by sally

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21;  [2011] WLR (D)  162

“The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but did not involve the indefinite retention of data taken from all suspects, regardless of their age and the nature of the alleged offence, in breach of their right to privacy.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

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

Regina v Qureshi – WLR Daily

Posted May 19th, 2011 in appeals, families, harassment, landlord & tenant, law reports, vicarious liability by sally

Regina v Qureshi [2011] WLR (D)  161

“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”

WLR Daily, 17th May 2011

Source: www.iclr.co.uk

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

Recent Statutory Instruments – legislation.gov.uk

Posted May 19th, 2011 in legislation by sally

The Constitutional Reform and Governance Act 2010 (Commencement No. 5) Order 2011

Source: www.legislation.gov.uk

Police federation speech – Speech by Theresa May

Posted May 19th, 2011 in pensions, police, remuneration, speeches by sally

“The Home Secretary delivered this speech at the Police Federation Conference 2011 on 18 May, 2011.”

Full speech

Home Office, 17th May 2011

Source: www.homeoffice.gov.uk

Joint CPS and MPS statement on Stephen Lawrence case – Crown Prosecution Service

Posted May 19th, 2011 in double jeopardy, murder, press releases, retrials by sally

“Stephen Lawrence was murdered on 22 April 1993 in an unprovoked attack. Two men have recently been charged with his murder: David Norris and Gary Dobson. They are both in custody and will stand trial later this year at the Central Criminal Court.”

Full press release

Crown Prosecution Service, 18th May 2011

Source: www.cps.gov.uk

Solicitor General: Speech to Annual Conference of the Institute of Money Laundering Prevention Officers – Attorney General’s Office

Posted May 19th, 2011 in attorney general, Crown Prosecution Service, fraud, government departments, money laundering, Serious Fraud Office, speeches by sally

“Solicitor General: Speech to Annual Conference of the Institute of Money Laundering Prevention Officers on 16th May 2011.”

Full speech

Attorney General’s Office, 16th May 20111

Source: www.attorneygeneral.gov.uk

Avon and Somerset Police neglected cell death man – BBC News

Posted May 19th, 2011 in alcohol abuse, death in custody, duty of care, news, police by sally

“Failures by custody staff at Bath police station contributed directly to the death of a man found drunk in the street, an inquest has found.”

Full story

BBC News, 18th May 2011

Source: www.bbc.co.uk

David Cameron rules out further inquiries into death of Dr David Kelly – Daily Telegraph

Posted May 19th, 2011 in attorney general, inquests, inquiries, news by sally

“David Cameron has ruled out further inquiries into the death of the weapons expert Dr David Kelly.”

Full story

Daily Telegraph, 18th May 2011

Source: www.telegraph.co.uk

Will sharing parental leave be fair? – Daily Telegraph

Posted May 19th, 2011 in maternity leave, news, parental rights, paternity leave by sally

“Employers that offer generous maternity pay packages could land themselves in legal hot water if they fail to extend the benefit to fathers, experts have warned.”

Full story

Daily Telegraph, 19th May 2011

Source: www.telegraph.co.uk

DNA retention judgment won’t see discriminatory policy destroyed – The Guardian

Posted May 19th, 2011 in bills, DNA, news, Supreme Court by sally

“Time for the latest instalment in the enduring battle against excessive DNA retention. We have a new supreme court judgment, almost 10 years since the law was changed, on 11 May 2001, to permit the police to hold forever the DNA of everyone arrested, irrespective of their guilt. One of the most pernicious consequences of this policy has been the massive over-representation of black people on the DNA database.”

Full story

The Guardian, 18th May 2011

Source: www.gurdian.co.uk

Clarke forced to apologise for rape comments – The Guardian

Posted May 19th, 2011 in guilty pleas, lord chancellor, news, rape, sentencing by sally

“Kenneth Clarke, the justice secretary, is expected to announce a climbdown over his plan for sentence discounts of up to 50% for early guilty pleas after he provoked a row by appearing to suggest that some rapes are more serious than others.”

Full story

The Guardian, 18th May 2011

Source: www.guardian.co.uk

Chalet firm Avon Estates wins all-year court appeal – BBC News

Posted May 18th, 2011 in local government, news, planning, time limits by sally

“The owners of a Ceredigion holiday park have won a court ruling over the right to use their 42 chalets all year round.”

Full story

BBC News, 16th May 2011

Source: www.bbc.co.uk

Hogan Lovells dismisses senior litigator over £1m of false expenses – The Lawyer

Posted May 18th, 2011 in dismissal, expenses, false accounting, news, solicitors by sally

“Hogan Lovells senior litigator Christopher Grierson has been dismissed from the partnership after claiming over £1m in false expenses over the course of four years.”

Full story

The Lawyer, 17th May 2011

Source: www.thelawyer.com

OFT to act on ‘Big Four’ audit firms – Daily Telegraph

Posted May 18th, 2011 in accountants, competition, news, unfair commercial practices by sally

“The ‘Big Four’ accountancy firms are to face regulatory intervention for anti-competitive behaviour, which would severely curb the industry’s most powerful companies and cost them hundreds of millions in revenue.”

Full story

Daily Telegraph, 18th May 2011

Source: www.telegraph.co.uk

Guidelines on DNA samples unlawful – The Independent

Posted May 18th, 2011 in DNA, fingerprints, news, police by sally

“Police guidelines allowing forces to retain the fingerprints and DNA samples of innocent people are unlawful, a panel of leading British judges ruled today. The ruling was made by the Supreme Court in London nearly three years after the European Court of Human Rights reached a similar conclusion.”

Full story

The Independent, 18th May 2011

Source: www.independent.co.uk

Dunstable dog owner’s sentence reduced over attack – BBC News

Posted May 18th, 2011 in appeals, dogs, news, sentencing by sally

“The owner of a Staffordshire bull terrier that attacked a nine-year-old girl in Bedfordshire has had his sentence reduced.”

Full story

BBC News, 18th May 2011

Source: www.bbc.co.uk

Velcourt fined after farm worker electrocuted – BBC News

Posted May 18th, 2011 in fines, health & safety, news by sally

“A firm has been fined £125,000 after admitting responsibility for the death of a man working on a Wiltshire farm.”

Full story

BBC News, 17th May 2011

Source: www.bbc.co.uk

Stephen Lawrence murder suspects to stand trial – The Guardian

Posted May 18th, 2011 in evidence, murder, news, prosecutions, racism, trials by sally

“Two men are to stand trial accused of being part of a racist white gang that ‘targeted and killed’ the black teenager Stephen Lawrence because of the colour of his skin, the appeal court has said.”

Full story

The Guardian, 18th May 2011

Source; www.guardian.co.uk