Bocardo SA v Star Energy UK Onshore Ltd and another – WLR Daily

Posted July 29th, 2010 in compensation, damages, law reports, oil wells, Supreme Court, trespass by sally

Bocardo SA v Star Energy UK Onshore Ltd and another [2010] UKSC 35; [2010] WLR (D) 204

“Damages for trespass occasioned by an oil company drilling underneath another party’s land were to be assessed on the basis that the right to drill for oil was a compulsory acquisition under statute and, therefore, any additional value of the right of access attributable to the oil extraction scheme was to be disregarded.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Posted July 29th, 2010 in asylum, employment, law reports, Supreme Court by sally

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th July 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.

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Posted July 29th, 2010 in electricity, law reports, negligence, Supreme Court, vicarious liability by sally

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 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 Gnango – WLR Daily

Posted July 29th, 2010 in affray, appeals, joint enterprise, law reports, murder by sally

Regina v Gnango [2010] EWCA Crim 1691; [2010] WLR (D) 201

“Where a defendant voluntarily engaged in an exchange of gunfire with ‘B’ in a public place amounting to an affray, and in the course of that gunfire B shot and killed a passer-by and the defendant foresaw that in the course of that gunfire B might shoot with intent to kill or do really serious injury, if each party sought to shoot the other but not be shot himself, there was no common purpose and therefore no joint enterprise in the commission of the affray, and accordingly the defendant could not be guilty of the murder of the passer-by by transferred malice on the basis of joint enterprise.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Posted July 29th, 2010 in appeals, law reports, local government, regulations, statutory interpretation, water companies by sally

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th July 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.

Terror suspects could win damages after control orders ruling – The Guardian

Posted July 29th, 2010 in control orders, damages, human rights, news, terrorism by sally

“A court of appeal ruling today cleared the way for two international terrorism suspects to claim damages for having control orders wrongly imposed on them for three and a half years.”

Full story

The Guardian, 28th July 2010

Source: www.guardian.co.uk

Lord chief justice defends trial by jury – Law Society’s Gazette

Posted July 29th, 2010 in juries, news, trial without jury, trials by sally

“The lord chief justice emphasised the importance of trial by jury last week as the Court of Appeal overturned two High Court decisions that trials could proceed without a jury.”

Full story

Law Society’s Gazette, 29th July 2010

Source: www.lawgazette.co.uk

Theresa May to scrap asbos – The Guardian

Posted July 29th, 2010 in ASBOs, crime prevention, news, young offenders by sally

“Senior Labour figures mounted a last-ditch defence of antisocial behaviour orders tonight after the home secretary, Theresa May, indicated she is to kill off Tony Blair’s flagship measure to deal with youth crime.”

Full story

The Guardian, 28th July 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 28th, 2010 in law reports by sally

Supreme Court

Morrison Sports Ltd & Ors v Scottish Power [2010] UKSC 37 (28 July 2010)

Star Energy Weald Basin Ltd & Anor v Bocardo SA [2010] UKSC 35 (28 July 2010)

O’ Brien v Ministry of Justice [2010] UKSC 34 (28 July 2010)

ZO (Somalia) & Ors, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 36 (28 July 2010)

Rollins, R v [2010] UKSC 39 (28 July 2010)

Court of Appeal (Civil Division)

Stablewood Properties Ltd v Amrit Virdi & Anor [2010] EWCA Civ 865 (28 July 2010)

HM Revenue & Customs v Banerjee [2010] EWCA Civ 843 (28 July 2010)

Schlumberger Holdings Ltd v Electromagnetic Geoservices AS [2010] EWCA Civ 819 (28 July 2010)

Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 909 (28 July 2010)

AN v Secretary of State for the Home Department [2010] EWCA Civ 869 (28 July 2010)

High Court (Queen’s Bench Division)

Osteopathic Education and Research Ltd (t/a European School of Osteopathy) v Purfleet Office Systems Ltd [2010] EWHC 1801 (QB) (26 July 2010)

Crookshank, Re Setting the Applicant’s Minimum Term [2010] EWHC 1879 (QB) (28 July 2010)

Khan, Re Setting the Applicant’s Minimum Term [2010] EWHC 1880 (QB) (28 July 2010)

HA & Anor v Secretary of State for the Home Department [2010] EWHC 1940 (QB) (28 July 2010)

Green, Re Setting the Applicant’s Minimum Term [2010] EWHC 1881 (QB) (28 July 2010)

High Court (Chancery Division)

Trimast Holding Sarl v Tele Columbus GmbH [2010] EWHC 1944 (Ch) (28 July 2010)

Nintendo Company Ltd & Anor v Playables Ltd & Anor [2010] EWHC 1932 (Ch) (28 July 2010)

High Court (Administrative Court)

Secretary of State for the Home Department v AY [2010] EWHC 1860 (Admin) (26 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 28th, 2010 in legislation by sally

The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2010

The Tax Avoidance Schemes (Penalty) (Amendment) Regulations 2010

The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

The Energy Act 2008 (Commencement No. 5) Order 2010

The Energy Act 2004 (Commencement No. 10) Order 2010

The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010

The European Communities (Designation) (No. 3) Order 2010

The Equality Act 2010 (Offshore Work) Order 2010

The Secretary of State for Education Order 2010

The Lord President of the Council Order 2010

The Transfer of Functions (Equality) Order 2010

The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2010

The Organic Products (Amendment) Regulations 2010

The Alcoholic Liquor Duties (Definition of Cider) Order 2010

Source: www.opsi.gov.uk

Calls for judge to conduct London G20 inquest – BBC News

Posted July 28th, 2010 in demonstrations, inquests, judiciary, news, police by sally

“The government has been urged by MPs to appoint a judge to conduct the inquest into Ian Tomlinson who died at the G20 protests in London last year.”

Full story

BBC News, 28th July 2010

Source: www.bbc.co.uk

Appropriation (No. 3) Act

Posted July 28th, 2010 in appropriation, legislation by sally

Appropriation (No. 3) Act published

Full text of Act (PDF)

Source: www.opsi.gov.uk

The High Court’s jurisdiction in relation to criminal proceedings – Law Commission

Posted July 28th, 2010 in courts, Law Commission, news, reports, trials by sally

“The High Court has supervisory power over the Crown Court, but it is limited. It does not include ‘matters relating to trial on indictment’. The reason for this limitation is that it is in the interests of justice for trials to proceed without being delayed by appeals and applications to the High Court.”

Full story

Law Commission, 27th July 2010

Source: www.lawcom.gov.uk

Academies Act 2010

Posted July 28th, 2010 in education, legislation by sally

Academies Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Finance (No. 2) Act 2010

Posted July 28th, 2010 in budgets, legislation by sally

Finance (No. 2) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted July 28th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Dunn v R. [2010] EWCA Crim 1823 (27 July 2010)

FB v R. [2010] EWCA Crim 1857 (27 July 2010)

Court of Appeal (Civil Division)

Pennock & Anor v Hodgson [2010] EWCA Civ 873 (27 July 2010)

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887 (27 July 2010)

Bhatt v Fontain Motors Ltd. [2010] EWCA Civ 863 (27 July 2010)

Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868 (27 July 2010)

Steward v Gallop & Anor [2010] EWCA Civ 823 (27 July 2010)

High Court (Queen’s Bench Division)

Homawoo v GMF Assurance SA & Ors [2010] EWHC 1941 (QB) (27 July 2010)

Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) (15 July 2010)

High Court (Chancery Division)

Stena Line Ltd v Merchant Navy Ratings Pension Fund Trustees Ltd & Anor [2010] EWHC 1805 (Ch) (27 July 2010)

Youlton v Charles Russell (a firm) [2010] EWHC 1918 (Ch) (27 July 2010)

High Court (Family Division)

RT v LT & Anor [2010] EWHC 1910 (Fam) (27 July 2010)

High Court (Patents Court)

Leo Pharma A/S & Anor v Sandoz Ltd [2010] EWHC 1911 (Pat) (27 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 28th, 2010 in legislation by sally

The Royal Parks and Other Open Spaces (Amendment) (No.2) etc. Regulations 2010

The Audiovisual Media Services (Codification) Regulations 2010

The Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2010

The Taxes (Definition of Charity) (Relevant Territories) Regulations 2010

The Terrorism Act 2006 (Disapplication of Section 25) Order 2010

Source: www.opsi.gov.uk

Law student wins £10,000 after being branded a paedophile on Facebook – Daily Telegraph

Posted July 28th, 2010 in damages, defamation, indecent photographs of children, internet, news by sally

“A law student left fearing reprisals after he was falsely named as a paedophile on Facebook has won a £10,000 libel damages payout at the High Court.”

Full story

Daily Telegraph, 28th July 2010

Source: www.telegraph.co.uk

Family court service criticised over increased demand – BBC News

Posted July 28th, 2010 in children, family courts, news by sally

“The agency which looks after children’s interests in court has not dealt efficiently with an increase in cases since the death of Baby Peter in 2007, an audit finds.”

Full story

BBC News, 28th July 2010

Source: www.bbc.co.uk

Emails and phones snooped on by authorities every minute – Daily Telegraph

Posted July 28th, 2010 in interception, investigatory powers, local government, news, police, telecommunications by sally

“Public authorities asked for confidential communications data on more than 525,000 occasions last year including a 13 per cent increase in requests by town halls.”

Full story

Daily Telegraph, 28th July 2010

Source: www.telegraph.co.uk