BAILII: Recent Decisions

Posted December 6th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Murrell & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWCA Civ 1367 (03 December 2010)

High Court (Queen’s Bench Division)

XJA v News Group Newspapers Ltd [2010] EWHC 3174 (QB) (03 December 2010)

High Court (Chancery Division)

Monte Developments Ltd v Court Management Consultants Ltd & Ors [2010] EWHC 3071 (Ch) (29 November 2010)

High Court (Administrative Court)

Gazelle Properties Ltd v Sustainable Environmental Services & Anor [2010] EWHC 3127 (Admin) (03 December 2010)

Rapose v London Borough of Wandsworth [2010] EWHC 3126 (Admin) (03 December 2010)

Woolas, R (on the application of) v The Speaker of the House of Commons [2010] EWHC 3169 (Admin) (03 December 2010)

Boulegahalegh, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3159 (Admin) (03 December 2010)

High Court (Technology and Construction Court)

Pantelli Associates Ltd v Corporate City Developments Number Two Ltd [2010] EWHC 3189 (TCC) (02 December 2010)

High Court (Commercial Court)

Jet2.Com Ltd v Blackpool Airport Ltd [2010] EWHC 3166 (Comm) (03 December 2010)

Source: www.bailii.org

Regina v Buxton and others – WLR Daily

Posted December 6th, 2010 in demonstrations, harassment, law reports, railways, restraining orders by sally

Regina v Buxton and others [2010] WLR (D) 214

“There was no reason in principle why a restraining order should not be made to protect a company or a group of persons from harassment.”

WLR Daily, 3rd December 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 happy to mix politics and law – The Lawyer

Posted December 6th, 2010 in attorney general, news by sally

“With responsibility for advising the Government on its legal issues, the attorney-general can be called on to advise on some of the most contentious issues before Parliament.”

Full story

The Lawyer, 6th December 2010

Source: www.thelawyer.com

Abuse victim wins ‘six-figure’ pay-out from paedophile – BBC News

Posted December 6th, 2010 in child abuse, damages, news, sexual offences by sally

“A man from Cornwall has won damages from a ‘predatory paedophile’ whom police fear may have abused thousands of boys over a 35-year period.”

Full story

BBC News, 3rd December 2010

Source: www.bbc.co.uk

Court clarifies constitutional role in Woolas decision – The Guardian

Posted December 6th, 2010 in constitutional law, elections, news, parliament by sally

“Phil Woolas has lost his election court challenge but the decision shines a light on an obscure part of the constitutional system.”

Full story

The Guardian, 3rd December 2010

Source: www.guardian.co.uk

Woolas’s exit paves way for BNP to stand in by-election – The Independent

Posted December 6th, 2010 in defamation, elections, news, parliament by sally

“Phil Woolas has given up his battle against becoming the first MP for almost a century to lose his seat for lying about an opponent.”

Full story

The Independent, 4th December 2010

Source: www.independent.co.uk

Criminals who plead early could get sentences halved – Daily Telegraph

Posted December 6th, 2010 in guilty pleas, news, sentencing by sally

“Criminals who plead guilty early will have their sentences slashed by up to half under plans to be unveiled by Kenneth Clarke next week.”

Full story

Daily Telegraph, 4th December 2010

Source: www.telegraph.co.uk

Daylight Saving Bill gets initial approval from MPs – BBC News

Posted December 6th, 2010 in bills, daylight saving time, news by sally

“The campaign to give the UK more hours of daylight in the evenings has been boosted by MPs who have given it initial approval.”

Full story

BBC News, 3rd December 2010

Source: www.bbc.co.uk

Legal aid lawyers were struggling even before the cuts – The Guardian

Posted December 6th, 2010 in budgets, legal aid, legal profession, news, remuneration by sally

“These are dark days for junior legal aid lawyers. Even before the cuts to the legal aid budget were announced last month, they were struggling to get by on salaries that are among the lowest in the public sector (£16,650 for trainee solicitors and £10,000 for trainee barristers, rising to little more than £25,000 after several years in the job). Now they’re bracing themselves for their practices to be decimated as many of their clients lose eligibility for state funding.”

Full story

The Guardian, 3rd December 2010

Source: www.guardian.co.uk

Repeat offenders with 100 convictions spared jail – The Independent

Posted December 6th, 2010 in news, recidivists, sentencing by sally

“Thousands of repeat offenders are being spared jail by the courts, despite having as many as 100 previous convictions, it emerged last night.”

Full story

The Independent, 5th December 2010

Source: www.independent.co.uk

High court judge to rule if coalition’s budget is biased against women – The Guardian

Posted December 6th, 2010 in budgets, equality, news, women by sally

“A high court challenge aimed at overturning the government’s emergency, summer budget is due to be heard today.”

Full story

The Guardian, 6th December 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 3rd, 2010 in law reports by sally

High Court (Chancery Division)

Green v Bramston & Ors [2010] EWHC 3106 (Ch) (02 December 2010)

High Court (Administrative Court)

Razai & Ors v Secretary of State for the Home Department [2010] EWHC 3151 (Admin) (02 December 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 3rd, 2010 in legislation by sally

The Income Tax (Indexation) Order 2010

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010

The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) (Amendment) Regulations 2010

The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

The Hydrocarbon Oil Duties (Marine Voyages Reliefs) (Amendment) Regulations 2010

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) (No.2) Regulations 2010

The Education (School Attendance Targets) (England) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

Incoming Bar Chairman: Diversification Good For the Bar and For Its Clients – The Bar Council

Posted December 3rd, 2010 in advocacy, barristers, legal aid, news by sally

“Peter Lodder QC, incoming Chairman of the Bar Council, which represents barristers in England and Wales, will call for publicly funded barristers to diversify their practices, when he delivers his inaugural address to the Bar Council this evening. Lodder, takes over as Chairman of the Bar from Nicholas Green QC on 1 January 2011.”

Full story

The Bar Council, 2nd December 2010

Source: www.barcouncil.org.uk

Salazar-Duarte v Government of the United States of America – WLR Daily

Posted December 3rd, 2010 in appeals, extradition, jurisdiction, law reports, service, time limits by sally

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd December 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.

Fulham Football Club (1987) Ltd v Sir David Richards and another – WLR Daily

Posted December 3rd, 2010 in arbitration, company law, law reports, sport, unfairly prejudicial conduct by sally

Fulham Football Club (1987) Ltd v Sir David Richards and another [2010] EWHC 3111 (Ch); [2010] WLR (D) 312

“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”

WLR Daily, 2nd December 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 v Chaytor and others – WLR Daily

Regina v Chaytor and others [2010] UKSC 52; [2010] WLR (D) 311

“Parliamentary privilege did not pose any bar to the prosecution of defendants charged with false accounting who, while serving Members of Parliament, made claims for expenses and allowances to the Fees Office of the House of Commons.”

WLR Daily, 2nd December 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.

Joseph v Spiller – WLR Daily

Posted December 3rd, 2010 in defamation, defences, law reports by sally

Joseph v Spiller [2010] UKSC 53; [2010] WLR (D) 310

“The defence in defamation proceedings of fair comment – to be renamed ‘honest comment’ – did not require that the comment had to identify the matters on which it was based with sufficient particularity to enable readers to judge for themselves whether it was well founded. The comment did, however, have to identify at least in general terms what it was that had led the commentator to make the comment”

WLR Daily, 2nd December 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 v Major – WLR Daily

Posted December 3rd, 2010 in harassment, law reports, restraining orders by sally

Regina v Major [2010] WLR (D) 309

“The Registrar of Criminal Appeals had power to grant a representation order in respect of an application or appeal against a restraining order imposed on acquittal of an offence, pursuant to the provisions of s 5A of the Protection from Harassment Act 1997.”

WLR Daily, 2nd December 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.

R (Moore) v Skipton Fund Ltd – WLR Daily

Posted December 3rd, 2010 in blood products, compensation, judicial review, law reports, time limits by sally

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 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.