BAILII: Recent Decisions
Supreme Court
OB v Aventis Pasteur SA [2010] UKSC 23 (26 May 2010
Court of Appeal (Criminal Division)
Penner, R. v [2010] EWCA Crim 1155 (05 May 2010)
Gill, R. v [2010] EWCA Crim 1154 (07 May 2010)
Miller v R [2010] EWCA Crim 1153 (26 May 2010)
Court of Appeal (Civil Division)
Shiner & Anor, R (on the application of) v HM Revenue & Customs [2010] EWCA Civ 558 (26 May 2010)
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571 (26 May 2010)
AT (Pakistan) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 567 (26 May 2010)
Kernott v Jones [2010] EWCA Civ 578 (26 May 2010)
High Court (Queen’s Bench)
Brady v Norman [2010] EWHC 1215 (QB) (26 May 2010)
High Court (Chancery Division)
Franbar Holdings Ltd v Casualty Plus Ltd [2010] EWHC 1164 (Ch) (26 May 2010)
High Court (Family Division)
DH NHS Foundation Trust v PS [2010] EWHC 1217 (Fam) (26 May 2010)
High Court (Commercial Court)
ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm) (21 April 2010)
Source: www.bailii.org
British Airways plc v Unite – Times Law Reports
Court of Appeal
“It was not appropriate to adopt an over-literal interpretation of a poorly drafted section which might defeat the policy behind the relevant Act.”
The Times, 26th May 2010
Source: www.timesonline.co.uk
Hughes v Borodex Ltd – Times Law Reports
Court of Appeal
“A landlord was entitled to serve notice to quit on a tenant who lost her protected tenancy by carrying out improvements in the property which resulted in its rent exceeding the assured protected tenancy limit.”
The Times, 26th May 2010
Source: www.timesonline.co.uk
Regina (Public and Commercial Services Union) v Minister for the Civil Service – Times Law Reports
Regina (Public and Commercial Services Union) v Minister for the Civil Service
Queen’s Bench Division
“The consent of members of the Civil Service Compensation Scheme was required before valid changes could be made which deprived them of rights which had accrued in respect of redundancy and compulsory early retirement.”
The Times, 24th May 2010
Source: www.timesonline.co.uk
Law Society president warns of looming threat to profession’s independence – Law Society’s Gazette
“The Legal Services Board’s proximity to government could threaten the independence of the legal profession, Law Society president Robert Heslett warned last night.”
Law Society’s Gazette, 26th May 2010
Source: www.lawgazette.co.uk
Disabled man walks free after drug conviction – The Independent
“A disabled former rock drummer walked free from court today after being convicted of growing cannabis which he took to treat a medical condition.”
The Independent, 26th May 2010
Source: www.independent.co.uk
£1m each spent on most dangerous killers ‘about locking people up’ – The Guardian
“A £200m scheme to treat some of Britain’s most dangerous killers should be abandoned as it is too expensive with no positive results, and in some cases left prisoners more aggressive than before they entered jail, according to a leading academic.”
The Guardian, 26th May 2010
Source: www.guardian.co.uk
Government faces huge bill for defendants’ costs – The Times
“Ministers face paying out hundreds of thousands of pounds to defendants who have been cleared in the courts because of a legislative drafting blunder, The Times has learnt.”
The Times, 27th May 2010
Source: www.timesonline.co.uk
Cohabiting couples share property rights – The Independent
“Unmarried couples who buy homes together could be entitled to an equal share of the property if they split up even if only one party has paid the mortgage and maintained the home, the appeal court ruled yesterday.”
The Independent, 27th May 2010
Source: www.independent.co.uk
Theresa May to spell out timetable for scrapping ID cards – The Guardian
“Home secretary to publish legislation to give the Home Office the power to scrap ID cards within a month of it reaching the statute book and to cancel the national identity register.”
The Guardian, 27th May 2010
Source: www.guardian.co.uk
Lord Beaverbrook’s heirs in battle over £100 million art collection – The Times
“A fierce legal battle over a £100 million art collection has been reopened by descendants of Lord Beaverbrook, the press baron.”
The Times, 27th May 2010
Source: www.timesonline.co.uk
Man killed because of ‘pussy’ insult on Facebook – The Independent
“A boy of 15 who fatally stabbed one of his former friends over a ‘loss of face’ after they traded insults on Facebook was convicted of murder yesterday.”
The Independent, 27th May 2010
Source: www.independent.co.uk
Queen’s speech: reforming the role of the attorney general? – The Guardian
“While the coalition appointed excellent legal advisers, reform of the attorney general’s role is overdue and could learn from the setup in Northern Ireland.”
The Guardian, 27th May 2010
Source: www.guardian.co.uk
NHS trust may operate on cancer patient by force – The Times
“A leading judge gave an NHS trust permission yesterday to sedate a cancer patient with a phobia of hospitals and needles and perform a hysterectomy considered necessary to save her life.”
The Times, 27th May 2010
Source: www.timesonline.co.uk
Boy guilty of murdering sisters in Tooting fire – BBC News
“A boy who took revenge after being jilted by starting a house fire which killed his ex-girlfriend and her sister has been convicted of their murders.”
BBC News, 26th May 2010
Source: www.bbc.co.uk
Bloody Sunday report published next month – The Independent
“The long-awaited state report on the Bloody Sunday killings in Londonderry will be published on June 15, the Government announced today.”
The Independent, 26th May 2010
Source: www.independent.co.uk
Statement on The Times content
As many of you will be aware, News International recently announced their decision to begin charging for online content of the Times newspaper. This will naturally have an impact on our Current Awareness blog as it will reduce the range of stories and law reports we can link to. It will also affect our archive of Times stories, since abstracts will remain in the archive, but with non-functioning links. As yet we do not know if we will be able to continue abstracting and linking to content from the Times. The TimesOnline website is still accessible for the moment but we have been told that free access to Times content will cease at a date yet to be confirmed.
We will of course endeavour keep you informed of how this development will affect our service.
Administrative Redress: Public Bodies and the Citizen – Law Commission
“On 26 May 2010, we published our report Administrative Redress: Public Bodies and the Citizen. This sets out an overview of the responses to our consultation paper and brings to a close the state liability aspects of the Administrative Redress project. The report is accompanied by a short summary. A press release is also available.”
Law Commission, 26th My 2010
Source: www.lawcom.gov.uk
The Life of the Law: The Logic of Experience – Lecture given by Lord Neuberger of Abbotsbury, Master of the Rolls
The Life of the Law: The Logic of Experience (PDF)
Lecture given by Lord Neuberger of Abbotsbury, Master of the Rolls
Lionel Cohen Lecture, 23rd May 2010
Source: www.judiciary.gov.uk