BAILII: Recent Decisions

Posted August 27th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Raggett v Society of Jesus Trust of 1929 for Roman Catholic Purposes & Anor [2010] EWCA Civ 1002 (27 August 2010)

High Court (Chancery Division)

HM Revenue and Customs v Marks and Spencer Plc [2010] EWHC 2215 (Ch) (27 August 2010)

Source: www.bailii.org

Heathrow cabin crew manager sentenced for tobacco smuggling – UK Border Agency

Posted August 27th, 2010 in customs and excise, news, sentencing by sally

“A British Airways cabin crew member, who used his position to illegally import tobacco into the UK through Heathrow Airport, received a 120-hour community punishment order on 20 August. The potential revenue loss on the smuggled tobacco is estimated at around £18,000.”

Full story

UK Border Agency, 27th August 2010

Source: www.ukba.homeoffice.gov.uk

Pregnant girlfriend attacker given reduced sentence – BBC News

Posted August 27th, 2010 in domestic violence, grievous bodily harm, news, sentencing by sally

“A man who twice attacked his pregnant girlfriend has had his sentence cut after the judge held both responsible for the ‘difficult relationship’.”

Full story

BBC News, 26th August 2010

Source: www.bbc.co.uk

Asil Nadir trial could be ‘prosecutorial nightmare’, warn experts – The Guardian

Posted August 27th, 2010 in fraud, news, Serious Fraud Office, trials by sally

“A lengthy jury trial of the 69-year-old would be a ‘prosecutorial nightmare’ unprecedented in the history of the Serious Fraud Office, legal experts with knowledge of the case warned.”

Full story

The Guardian, 26th August 2010

Source: www.guardian.co.uk

High Court judge brands welfare tender ‘irrational’ – Law Society Gazette

Posted August 27th, 2010 in judges, legal aid by sally

“A High Court judge has … branded some of the criteria used by the Legal Services Commission in its recent social welfare tender ‘utterly absurd and totally irrational’.”

Full story

Law Society Gazette, 26th August 2010

Source: www.lawgazette.co.uk

Courtenay Griffiths: Defending Charles Taylor

Posted August 27th, 2010 in barristers, news, war crimes by sally

“Our system of justice cannot operate unless there is a semblance of equality between prosecution and defence. Otherwise it becomes an inquisition and that would soon lose the confidence of the public.”

Full story

BBC News, 26th August 2010

Source: www.bbc.co.uk

Proposed changes to the Practising Certificate Fee for 2011/12 – The Bar Council

Posted August 27th, 2010 in barristers, fees, news by sally

“We [The Bar Council] would strongly encourage all barristers to read the attached note, which provides a detailed explanation of proposed changes to the Practising Certificate Fee for 2011/12. We would welcome feedback from all practitioners to 2011budget@barcouncil.org.uk.”

Explanatory Note

The Bar Council, 26th August 2010

Source: www.barcouncil.org.uk

Asian police recruit sacked after MI5 claimed he was a security risk – Daily Telegraph

Posted August 26th, 2010 in intelligence services, news, police by sally

“A British-born Asian police recruit is taking legal advice after he was sacked because MI5 said he was a security risk without explaining why.”

Full story

Daily Telegraph, 26th August 2010

Source: www.telegraph.co.uk

Civil sanctions are no soft option – The Guardian

Posted August 26th, 2010 in criminal justice, criminal responsibility by sally

“The Law Commission’s proposals on regulation are welcome – but no easy alternative to a busybody state.”

Full story

The Guardian, 26th August 2010

Source: www.guardian.co.uk

Regulation, Public Interest and the Liability of Businesses – The Law Commission

Posted August 26th, 2010 in criminal responsibility, news by sally

“We published a consultation paper on 25 August 2010, in which we have made a number of provisional proposals on criminal liability in regulatory contexts.”

Full story

The Law Commission, 25th August 2010

Source: www.lawcom.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 26th, 2010 in legislation by sally

The Local Government Pension Scheme (Miscellaneous) Regulations 2010

The Air Navigation (Restriction of Flying) (Liberal Democrat Party Conference Liverpool) Regulations 2010

The Air Navigation (Restriction of Flying) (West Wales Airport) (No. 2) Regulations 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 26th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Oracle America Inc v M-Tech Data Ltd & Anor [2010] EWCA Civ 997 (24 August 2010)

Southern Insulation (Medway) Ltd v How Engineering Services Ltd & Ors [2010] EWCA Civ 999 (20 August 2010)

Chubb Fire Ltd v The Vicar of Spalding & Churchwardens and Church Council of the Church of St Mary & St Nicholas, Spalding [2010] EWCA Civ 981 (20 August 2010)

Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998 (20 August 2010)

High Court (Administrative Court)

EP & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2189 (Admin) (20 August 2010)

High Court (Queen’s Bench Division)

Modi v United Kingdom Border Agency [2010] EWHC 1996 (QB) (30 July 2010)

City of Westminster v Davenport & Anor [2010] EWHC 2016 (QB) (30 July 2010)

Hameed v Central Manchester University Hospitals NHS Foundation Trust [2010] EWHC 2009 (QB) (30 July 2010)

Murdoch v Department for Work and Pensions [2010] EWHC 1988 (QB) (30 July 2010)

Morton v Portal Ltd [2010] EWHC 1804 (QB) (30 July 2010)

Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)

Islam Expo Ltd v The Spectator (1828) Ltd & Anor [2010] EWHC 2011 (QB) (30 July 2010)

Venables & Anor v News Group Papers Ltd & Ors [2010] EWHC B18 (QB) (30 July 2010)

High Court (Technology & Construction Court)

Chalbury McCouat International Ltd v PG Foils Ltd [2010] EWHC 2050 (TCC) (03 August 2010)

LPI (Hotels) Ltd v Technical & General Guarantee Company SA [2010] EWHC 2049 (TCC) (02 August 2010)

Nickleby FM Ltd v Somerfield Stores Ltd [2010] EWHC 1976 (TCC) (30 July 2010)

Source: www.bailii.org

Couple fined £2,000 for hedge infringement – The Independent

Posted August 26th, 2010 in fines, local government, news, planning, trees by sally

“A  couple have been fined £2,000 for allowing their garden hedges to grow too tall.”

Full story

The Independent, 26th August 2010

Source: www.independent.co.uk

England footballer wins continuation of gagging order – BBC News

Posted August 26th, 2010 in injunctions, media, misuse of private information, news by sally

“An England footballer has won a continuation of a High Court gagging order preventing the ‘misuse’ of private information about him.”

Full story

BBC News, 26th August 2010

Source: www.bbc.co.uk

Court of Appeal questions brand owners’ rights to block parallel imports – OUT-LAW.com

Posted August 26th, 2010 in news, parallel imports, trade marks by sally

“Brand owners may have less power to prevent sales in Europe of goods intended for other markets after a ruling by England’s Court of Appeal this week. The judgment over the sale of Sun-branded disk drives is likely to be welcomed by independent resellers.”

Full story

OUT-LAW.com, 26th August 2010

Source: www.out-law.com

Legal victory for Barry George – The Independent

Posted August 26th, 2010 in appeals, compensation, judicial review, miscarriage of justice, news by sally

“Barry George, who was acquitted of the murder of television presenter Jill Dando after spending eight years behind bars, won the first round of a legal battle yesterday over a decision that he is not entitled to compensation.”

Full story

The Independent, 26th August 2010

Source: www.independent.co.uk

Woman escapes jail for urinating on memorial – The Independent

“A woman branded ‘Britain’s most disgusting person’ by veterans after she was convicted of urinating on a war memorial was given a suspended sentence today.”

Full story

The Independent, 25th August 2010

Source: www.independent.co.uk

Asil Nadir flies back to UK to clear his name – The Guardian

Posted August 26th, 2010 in bail, electronic monitoring, false accounting, fraud, fugitive offenders, news, theft by sally

“Asil Nadir, 69, is returning to face the multimillion pound fraud charges that followed the spectacular collapse of his Polly Peck food and electronics empire in 1993. He is expected to arrive at Luton airport from his native northern Cyprus around lunchtime, and is due to appear at the Old Bailey next Thursday.”

Full story

The Guardian, 26th August 2010

Source: www.guardian.co.uk

Osborne’s Budget may have breached equality law – The Independent

Posted August 26th, 2010 in budgets, equality, news by sally

“The Equality and Human Rights Commission may take action against the Treasury for not meeting its obligations under the Equality Act 2010 to consider the impact on specific groups before announcing its plans in the emergency Budget in June.”

Full story

The Independent, 26th August 2010

Source: www.independent.co.uk

‘Deranged’ motorist who thought car was Starship Enterprise killed couple – Daily Telegraph

Posted August 26th, 2010 in dangerous driving, mental health, news by sally

“Matthew Kelliher, 31, believed he had special powers and that his vehicle, which he likened to a space craft from the television show Star Trek, was capable of travelling at 6,000 miles per hour.”

Full story

Daily Telegraph, 26th August 2010

Source: www.telegraph.co.uk