Regina (TA Gwillim & Sons) v Welsh Ministers – WLR Daily
Regina (TA Gwillim & Sons) v Welsh Ministers 2010] EWCA Civ 1048; [2010] WLR (D) 243
“In calculating financial support for farmers under the single payment scheme in Council Regulation (EC) No 1872/2003, a farmer could qualify as a hardship case within art 40 of that Regulation if his ‘production was adversely affected’ in the reference period 2000–2002. He could establish that his production had been adversely affected by reason of agri-environmental commitments not only where he had suffered a dip or reduction in production, but also if he could show that such commitments had prevented or restricted an increase in production.”
WLR Daily, 7th October 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.
Gard Marine and Energy Ltd v Tunnicliffe and others – WLR daily
Gard Marine and Energy Ltd v Tunnicliffe and others [2010] EWCA Civ 1052; [2010] WLR (D) 242
“Where, by reference to the Lugano Convention and art 6(1) of the Judgments Regulation, one was considering whether it was expedient to hear and determine claims within the jurisdiction order to avoid the risk of irreconcilable judgments resulting from separate proceedings, regard was to be had, inter alia, to the question whether the claims arose out of the same situation in law and fact.”
WLR Daily, 7th October 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.
Drug smuggler jailed for six years – UK Border Agency
“A drug smuggler has been jailed for 6 years after he was caught at Manchester Airport with cocaine and cannabis hidden in a cigarette carton.”
UK Border Agency, 7th October 2010
Source: www.ukba.homeoffice.gov.uk
Girl fined for wasting police time after ‘kidnapping’ – BBC News
“A teenager has been fined for wasting police time after claiming she had been kidnapped, sparking a major search.”
BBC News, 7th October 2010
Source: www.bbc.co.uk
Disabled girl wins payout over Norwich hospital birth – BBC News
“A girl who suffered oxygen starvation during her birth at the Norfolk and Norwich Hospital has won the right to millions in compensation from the NHS.”
BBC News, 7th October 2010
Source: www.bbc.co.uk
Police lied to persuade CCTV staff to monitor drink-drive suspects – The Guardian
“Police were criticised today for inventing intelligence to persuade civilian CCTV operators to snoop on suspected drink-drivers outside pubs.”
The Guardian, 6th October 2010
Source: www.guardian.co.uk
Court victory for independent schools – The Independent
“Independent schools have won a major victory in their campaign to lift threats to their charitable status. They have succeeded in obtaining a judicial review of the way the Charity Commission has been carrying out new ‘public benefit’ tests to determine whether their charitable status is justified.”
The Independent, 8th October 2010
Source: www.independent.co.uk
Ruling fails to halt confusion for asbestos sufferers – The Independent
“Victims of asbestos and their families face more ‘confusion and uncertainty’ today after a Court of Appeal ruling.”
The Independent, 8th October 2010
Source: www.independent.co.uk
Judge reprimanded for alleged anti-Israel comments – Daily Telegraph
“Judge George Bathurst-Norman was disciplined following an investigation in to comments made at the end of a trial of seven activists who sabotaged equipment at a Brighton factory they claimed was making parts for Israeli warplanes.”
Daily Telegraph, 7th October 2010
Source: www.telegraph.co.uk
Paralysed sixth-former awarded record £17.5m payout after car accident – Daily Telegraph
“A sixth-former, Chrissie Johnson, who was paralysed for life in a car accident has been awarded a record multi-million pound payout from the High Court.”
Daily Telegraph, 8th October 2010
Source: www.telegraph.co.uk
Fiona Bruce harasser detained under mental health laws – BBC News
“A man who harassed BBC newsreader Fiona Bruce by sending her ‘love messages’ has been detained in hospital under mental health laws.”
BBC News, 7th October 2010
Source: www.bbc.co.uk
CPS apologises to woman over assault case collapse – BBC News
“The Crown Prosecution Service has apologised to a woman over failures in the collapse of a case against a man accused of assaulting her. The woman was waiting to go into Ealing Magistrates’ Court in west London, when she learned the prosecutor had suddenly decided to offer no evidence. The CPS has launched an inquiry into the handling of the case.”
BBC News, 8th October 2010
Source: www.bbc.co.uk
Mark Saunders was killed lawfully, inquest jury finds – The Guardian
“An alcoholic barrister who pointed his shotgun at police was lawfully killed when they opened fire in response, an inquest jury found today.”
The Guardian, 7th October 2010
Source: www.guardian.co.uk
High volume of complaints against solicitors as LeO launches – Law Society’s Gazette
“The new Legal Ombudsman handled nearly 500 complaints on its launch day yesterday, taking its first call two minutes after opening at 8.30am while its chief executive was appearing on Radio 4’s Today programme.”
Law Society’s Gazette, 7th October 2010
Source: www.lawgazette.co.uk
Kenneth Clarke reveals what cuts will mean for the courts – The Guardian
“This month, the justice secretary, Kenneth Clarke, is expected to outline ways in which he could cut around a quarter of his department’s annual budget. Making prisoners work for 40 hours a week — the policy Clarke outlined at the Conservative conference on Tuesday — won’t go very far towards producing the £2bn or so of savings that he needs.”
The Guardian, 7th October 2010
Source: www.guardian.co.uk
Government publishes open data licence – OUT-LAW.com
“The Government has published the details of a licence which allows the re-use of public and Government information on a perpetual, royalty-free basis regardless of any copyright or database rights that exist in the material.”
OUT-LAW.com, 7th October 2010
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Dodd, R v [2010] EWCA Crim 2225 (06 October 2010)
Court of Appeal (Civil Division)
Force India Formula One Team Ltd v Etihad Airways PJSC & Anor [2010] EWCA Civ 1051 (06 October 2010)
High Court (Queen’s Bench Division)
Rio Football Services Hungary KFT v Sevilla Futbal Club SAD [2010] EWHC 2446 (QB) (06 October 2010)
Taunton Deane Borough Council v Packman & Ors [2010] EWHC 2437 (QB) (05 October 2010)
High Court (Chancery Division)
Bashir v Ali & Anor [2010] EWHC 2320 (Ch) (30 September 2010)
High Court (Family Division)
T v T [2010] EWHC 2392 (Fam) (06 October 2010)
Chief Constable & Anor v YK & Ors [2010] EWHC 2438 (Fam) (06 October 2010)
High Court (Commercial Court)
Source: www.bailii.org
Courts will ‘struggle to cope’ with Equality Act caseload – Law Society’s Gazette
“Employment lawyers have warned that tribunals could be ‘submerged’ by a surge in cases stemming from the Equality Act 2010, which came into force this month.”
Law Society’s Gazette, 7th October 2010
Source: www.lawgazette.co.uk
Chancery Lane calls for appraisal system for family judges – Law Society’s Gazette
“An appraisal system should be introduced for family judges, so that they can hear feedback on their performance and to reassure the public about the quality of the judiciary, the Law Society has suggested.”
Law Society’s Gazette, 7th October 2010
Source: www.lawgazette.co.uk