BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Conan v Williams [2010] EWHC 758 (QB) (13 April 2010)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Shepherd Construction Ltd v Berners (BVI) Ltd & Anor [2010] EWHC 763 (TCC) (25 March 2010)
Clancy Consulting Ltd v Derwent Holdings Ltd & Ors [2010] EWHC 762 (TCC) (29 March 2010)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Insolvency Proceedings (Fees) (Amendment) Order 2010
The Southampton Port Health Authority Order 2010
The Portsmouth Port Health Authority Order 2010
The Bristol Port Health Authority Order 2010
The Cowes Port Health Authority Order 2010
The Cornwall Port Health Authority Order 2010
Source: www.opsi.gov.uk
Women solicitors work hard, love their jobs yet still don’t make the top. Why? – The Times
“The march of women seems to be slowing to a halt. Women make up the lion’s share of entrants to the legal profession — but then what? They don’t stay the course and the top ranks remain as women-light as ever.”
The Times, 14th April 2010
Source: www.timesonline.co.uk
Police used Taser on man in epileptic seizure – The Guardian
“Greater Manchester police is being investigated after its officers fired a Taser gun at a man who became aggressive while having an epileptic seizure.”
The Guardian, 13th April 2010
Source: www.guardian.co.uk
Analysis: Two months later, and MPs may not have been granted legal aid at all – The Times
“The disclosure that the MPs facing charges over their expenses would receive legal aid has prompted an outcry and been denounced by David Cameron as a ‘complete outrage.’ But what is not well known is that anyone granted legal aid is likely to be ordered, on conviction, to pay it back according to their financial circumstances.”
The Times, 13th April 2010
Source: www.timesonline.co.uk
Gordon Brown and David Cameron’s ignorance about legal aid does not surprise experts – The Guardian
“Gordon Brown and David Cameron’s apparent lack of understanding about how legal aid works has not surprised experts, who say they have long been battling ignorance about the importance of the service.”
The Guardian, 13th April 2010
Source: www.guardian.co.uk
Judge criticises sex crime sentencing guidelines as offender spared jail – Daily Telegraph
“A judge has criticised sentencing guidelines which prevented him from jailing a man who groped a schoolgirl.”
Daily Telegraph, 14th April 2010
Source: www.telegraph.co.uk
The Big Question: What is legal aid and should we be providing so much of it? – The Independent
“Why are we asking this now?
On Monday, it was announced that three former Labour MPs – David Chaytor, Jim Devine and Elliot Morley – had won the right to receive legal aid to fight charges of false accounting relating to their parliamentary expenses. The news thrust MPs’ expenses back into the spotlight and did no favours to the legal aid system, so often the butt of politicians’ ire.”
The Independent, 14th April 2010
Source: www.independent.co.uk
Accused MPs ‘will have to pay back legal aid’ – The Independent
“Labour MPs awarded legal aid to fund their court battle against charges that they fiddled parliamentary expenses will have to pay the money back, Prime Minister Gordon Brown said today.”
The Independent, 12th April 2010
Source: www.independent.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
EH v London Borough of Greenwich & Ors [2010] EWCA Civ 344 (09 April 2010)
High Court (Administrative Court)
Nursing & Midwifery Council v Gerrard [2010] EWHC 710 (Admin) (15 March 2010)
HR, R (on the application of) v Medway Council [2010] EWHC 731 (Admin) (01 April 2010)
High Court (Patents Court)
Betson Medical (Ireland) Ltd v Comptroller General of Patents [2010] EWHC 687 (Pat) (31 March 2010)
Source: www.bailii.org
British Chiropractic Association v Singh – WLR Daily
British Chiropractic Association v Singh [2010] EWCA Civ 350; [2010] WLR (D) 96
“A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support a professional body’s claims of certain medical benefits resulting from its members’ treatment of patients was not an assertion of fact but a statement of opinion.”
WLR Daily, 12th April 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Vaughan v Vaughan – WLR Daily
Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95
“When a judge was determining (i) a husband’s application to terminate a financial obligation to his former wife and (ii) the former wife’s application to capitalise the obligation, and he was comparing the financial needs of the former wife and a present wife, there remained a presumption that on marriage each spouse took the other subject to all existing encumbrances, whether known or not.”
WLR Daily, 12th 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.
Independent News & Media Ltd and others v A – WLR Daily
Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94
“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”
WLR Daily, 12th 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.
Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons) – Times Law Reports
Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons)
Court of Appeal (Criminal Division)
“If a judge decided to reduce his sentencing reasons into writing, he should read them out in open court so that all he had to say was available to the defendant, the complainant, the jury and the public at large.”
The Times, 13th April 2010
Source: www.timesonline.co.uk
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales – Times Law Reports
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales
Chancery Division
“A Roman Catholic adoption agency was entitled to take advantage of an exception to sexual orientation discrimination in favour of charities generally so that was not unlawful for it to refuse to provide its services to same-sex couples.”
The Times, 13th April 2010
Source: www.timesonline.co.uk
Law Commissions consult on creating new consumer right – OUT-LAW.com
“The Law Commission and Scottish Law Commission are reviewing whether or not consumers should be able to take direct action against retailers who treat them unfairly. It has asked consumers and businesses if the action would be too severe.”
OUT-LAW.com, 12th April 2010
Source: www.out-law.com
Female soldier wins discrimination claim against army – The Guardian
“A soldier disciplined by the army after missing a parade to look after her daughter is set to receive damages after winning an employment tribunal claim, it was reported today.”
The Guardian, 13th April 2010
Source: www.guardian.co.uk
British involvement in rendition of suspects will continue, says Straw – The Independent
“The Government has rejected parliamentary proposals for tough new laws to stamp out the UK’s involvement in the kidnap and unlawful transfer of terror suspects to third-party states, The Independent has learnt.”
The Independent, 13th April 2010
Source: www.independent.co.uk
We may have gone too far in suspecting abuse – The Times
“The family courts are groaning under the weight of applications to take children into care. Within weeks of the Baby Peter tragedy being made public, legal departments at local authorities went into overdrive as social workers decided that they would no longer take chances where they suspected, but were not certain, that a child was in danger of abuse or neglect.”
The Times, 13th April 2010
Source: www.timesonline.co.uk
