BAILII: Recent Decisions

Posted May 4th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Southall v The General Medical Council [2010] EWCA Civ 484 (04 May 2010)

High Court (Queen’s Bench Division)

Mireskandari v Associated Newspapers Ltd. [2010] EWHC 967 (QB) (04 May 2010)

High Court (Chancery Division)

Red River UK Ltd & Anor v Sheikh & Anor [2010] EWHC 961 (Ch) (30 April 2010)

Source: www.bailii.org

Government cannot use secret evidence in Guantánamo torture case, court rules – The Guardian

Posted May 4th, 2010 in evidence, intelligence services, news, torture by sally

“Secret evidence cannot be used in a civil damages claim being brought by six former Guantánamo Bay detainees, the court of appeal ruled today.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Posted May 4th, 2010 in appeals, children, housing, immigration, law reports, local government by sally

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 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.

Financial Services Authority and Others v Amro International SA – Times Law Reports

Posted May 4th, 2010 in law reports by sally

Financial Services Authority and Others v Amro International SA

Court of Appeal

“The Financial Services Authority was entitled to order production of documents from accountants at the request of the US Securities and Exchange Commission without subjecting the request to critical examination. It was not required to give notice before serving the order, nor need the order be within the terms of the memorandum of understanding between the FSA and the SEC.”

The Times, 3rd May 2010

Source: www.timesonline.co.uk

Bournemouth University Higher Education Corporation v Buckland – Times Law Reports

Posted May 4th, 2010 in law reports by sally

Bournemouth University Higher Education Corporation v Buckland

Court of Appeal

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

The Times, 3rd May 2010

Source: www.timesonline.co.uk

Pensioner who stabbed wife to death in failed suicide pact walks free – Daily Telegraph

Posted May 4th, 2010 in news, sentencing, suicide by sally

“A pensioner walked free from court after being cleared of murdering his wife of 50 years whom he stabbed to death in a failed suicide pact.”

Full story

Daily Telegraph, 30th April 2010

Source: www.telegraph.co.uk

PwC partner Colin Tenner sues over redundancy – The Times

Posted May 4th, 2010 in news by sally

“A former partner at PricewaterhouseCoopers is taking it to an employment tribunal this week, claiming compensation for disability discrimination.”

Full story

The Times, 4th May 2010

Source: www.timesonline.co.uk

Sexual predator who ran website for paedophiles jailed – Daily Telegraph

“A sexual predator whose past violent crimes were exposed when he was caught operating a members-only website for paedophiles has been jailed for 14 years.”

Full story

Daily Telegraph, 30th April 2010

Source: www.telegraph.co.uk

Parents win compensation after son born with cerebral palsy after hospital error – Daily Telegraph

Posted May 4th, 2010 in birth, compensation, hospitals, news by sally

“A midwife whose son was starved of oxygen at birth leaving him disabled has won compensation to pay for his care.”

Full story

Daily Telegraph, 3rd May 2010

Source: www.telegraph.co.uk

Tribunal rejects financier’s £4m harassment claim – The Times

Posted May 4th, 2010 in news by sally

“A high-flying financier who accused her boss of sexual harassment, bringing prostitutes to business meetings and trying to have her killed by Russian hitmen has had her £4 million compensation claim dismissed by an employment tribunal.”

Full story

The Times, 4th May 2010

Source: www.timesonline.co.uk

Guantanamo damages claimants to hear evidence ruling – BBC News

“Six former Guantanamo Bay detainees are to hear if an appeal has succeeded against government use of secret evidence to fight their damages claim.”

Full story

BBC News, 4th May 2010

Source: www.bbc.co.uk

Army to be sued for war crimes over its role in Fallujah attacks – The Independent

Posted May 4th, 2010 in armed forces, birth, chemical weapons, news, war crimes by sally

“Allegations that Britain was complicit in the use of chemical weapons linked to an upsurge in child deformity cases in Iraq, are being investigated by the Ministry of Defence.”

Full story

The Independent, 4th May 2010

Source: www.independent.co.uk

Court battle of wife and mistress settled – The Independent

Posted May 1st, 2010 in domicile, matrimonial home, news by sally

“The court battle between the wife and former mistress of an accountant over the £3.2 million property portfolio he built up came to an abrupt halt today (30 April).”

Full story

The Independent, 30th April 2010

Source: www.independent.co.uk

Football fixtures protected by copyright but not database right, says High Court – OUT-LAW.com

Posted May 1st, 2010 in copyright, database right, news, sport by sally

“Football fixture lists are protected by database copyright but not by the EU’s database right, the High Court has said. The ruling means that sporting bodies can charge users of their fixture lists licence fees.”

Full story

OUT-LAW.com, 30th April 2010

Source: www.out-law.com

Pensioner cleared of killing wife of 50 years in failed suicide pact – The Guardian

Posted May 1st, 2010 in news, sentencing, suicide by sally

“A pensioner was cleared yesterday of murdering his wife of 50 years, whom he stabbed to death in a failed suicide pact after she became mentally ill.”

Full story

The Guardian, 30th April 2010

Source: www.guardian.co.uk

GP drove on motorway while almost five times over drink-drive limit – Daily Telegraph

Posted April 30th, 2010 in alcohol abuse, dangerous driving, doctors, news, sentencing by sally

“Dr Claire Nelson said she was ‘deeply remorseful’ after being placed on probation for 18 months and banned from driving for two years.”

Full story

Daily Telegraph, 30th April 2010

Source: www.telegraph.co.uk

Teenager convicted of ultra rightwing terror plot – The Guardian

Posted April 30th, 2010 in news, terrorism, young offenders by sally

“A teenage milkman who was prepared to ‘die fighting’ for an ultra rightwing group called the Aryan Task Force was convicted on three terrorism charges today.”

Full story

The Guardian, 30th April 2010

Source: www.guardian.co.uk

The legal threat to our spiritual tradition – Daily Telegraph

“The McFarlane judgment raises fundamental questions about church and state, says Michael Nazir-Ali.”

Full story

Daily Telegraph, 30th April 2010

Source: www.telegraph.co.uk

Carey’s intervention backfires – The Guardian

“As a lawyer, I can recognise Lord Laws’ judgment in the McFarlane case as stinging rebuke to Lord Carey.”

Full story

The Guardian, 30th April 2010

Source: www.guardian.co.uk

Private Powys GP banned from prescribing drugs by GMC – BBC News

Posted April 30th, 2010 in disciplinary procedures, doctors, medical treatment, medicines, news by sally

“A doctor has been banned from prescribing drugs and told to take down part of her website after appearing before the General Medical Council.”

Full story

BBC News, 29th April 2010

Source: www.bbc.co.uk