BAILII: Recent Decisions

Posted July 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

LA v SB & Ors [2010] EWCA Civ 1744 (12 July 2010)

Court of Appeal (Criminal Division)

Ali v R [2010] EWCA Crim 1619 (12 July 2010)

High Court (Patents Court)

Fosroc International Ltd v WR Grace & Co-Conn [2010] EWHC 1702 (Pat) (12 July 2010)

Source: www.bailii.org.uk

Recent Statutory Instruments – OPSI

Posted July 13th, 2010 in news by sally

The Firearms (Amendment) Regulations 2010

The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Judge Gerald Price QC resigns following sex claim – BBC News

Posted July 13th, 2010 in disciplinary procedures, judges, news by sally

“A senior circuit judge has resigned after claims about his private life.”

Full story

BBC News, 12th July 2010

Source: www.bbc.co.uk

Practice guidance – Mckenzie Friends: Civil and Family Courts – Judiciary of England and Wales

Posted July 13th, 2010 in family courts, McKenzie friends, news by sally

“This Guidance applies to civil and family proceedings in the Court of Appeal (Civil Division), the High Court of Justice, the County Courts and the Family Proceedings Court in the Magistrates’ Courts.”

Full press release

Judiciary of England and Wales, 12th July 2010

Source: www.judiciary.gov.uk

‘Legal High’ Naphyrone to be Class B Drug – Home Office

Posted July 13th, 2010 in drug offences, news by sally

“Naphyrone – often advertised as ‘NRG1’ – and its related compounds are to be banned and made Class B drugs, Minister for Crime Prevention James Brokenshire announced today.”

Full press release

Home Office, 12th July 2010

Source: www.homeoffice.gov.uk

Three men linked to liquid bomb plot guilty of conspiracy to murder – Crown Prosecution Service

Posted July 13th, 2010 in conspiracy, explosives, murder, news, retrials by sally

“Today’s convictions of Ibrahim Savant, Arafat Waheed Khan and Waheed Zaman are the culmination of years of determined work by the CPS and police, and brings to 12 the number of those successfully prosecuted following the arrests in relation to the liquid bomb plot, said Sue Hemming, head of the Crown Prosecution Service Counter Terrorism Division.”

Full press release

Crown Prosecution Service, 8th July 2010

Source: www.cps.gov.uk

Man jailed over racism row bus stop death in Liverpool – BBC News

Posted July 13th, 2010 in homicide, news, racism, sentencing by sally

“A man who lashed out at a 70-year-old man for making racist remarks about him has been jailed for his manslaughter.”

Full story

BBC News, 12th July 2010

Source: www.bbc.co.uk

Man jailed for stabbing footballer Calum Davenport – BBC News

Posted July 13th, 2010 in grievous bodily harm, news, offensive weapons, sentencing by sally

“A man has been jailed for six years for a knife attack on a Premier League footballer at his mother’s home in Bedfordshire.”

Full story

BBC News, 12th July 2010

Source: www.bbc.co.uk

Organised crime gangs ‘outwitting police’ – The Independent

Posted July 13th, 2010 in crime, gangs, news, police by sally

“The long arm of the law is failing to reach the most dangerous organised crime gangs, Britain’s most senior police officer warned.”

Full story

The Independent, 13th July 2010

Source: www.independent.co.uk

Police payout for men beaten at Gaza protest – The Independent

Posted July 13th, 2010 in assault, compensation, demonstrations, news, police by sally

“Two protesters beaten by unidentified police officers during a protest in London against Israeli actions in Gaza have been awarded £25,000 in compensation from the Metropolitan Police.”

Full story

The Independent, 13th July 2010

Source: www.independent.co.uk

BT pension fund seeks legal ruling on taxpayers’ obligation to underwrite deficit – The Guardian

Posted July 13th, 2010 in news, pensions, telecommunications by sally

“How much of BT’s huge pension liabilities are underwritten by the taxpayer? Nearly 26 years after one of Margaret Thatcher’s biggest privatisations, the telecoms firm’s pensioners are finally close to getting an answer.”

Full story

The Guardian, 13th July 2010

Source: www.guardian.co.uk

Legal high ‘NRG1’ to be made Class B drug – The Independent

Posted July 12th, 2010 in drug offences, news by sally

“The legal high naphyrone will be made a Class B drug and banned, the Government said today.”

Full story

The Independent, 12th July 2010

Source: www.independent.co.uk

Would-be suicide bombers jailed for life – BBC News

Posted July 12th, 2010 in conspiracy, explosives, murder, news, sentencing, suicide by sally

“Three men have been jailed for life for plotting to murder as suicide bombers.”

Full story

BBC News, 12th July 2010

Source: www.bbc.co.uk

Court rejects challenge to cycle hire station – The Independent

Posted July 12th, 2010 in bicycles, judicial review, London, news, planning, transport by sally

“The High Court today rejected a bid to bring a legal challenge over London Mayor Boris Johnson’s flagship cycle hire scheme.”

Full story

The Independent, 12th July 2010

Source: www.independent.co.uk

Barristers interested in new business structures, BSB survey shows – Bar Standards Board

Posted July 12th, 2010 in alternative business structures, barristers, press releases by sally

“The results of a recent survey of the profession show that the vast majority (over 80%) of barristers want the Bar to remain as a separate and independent legal profession, regulated by the Bar Standards Board (BSB), with 35% likely to join new business structures within 5 years if these are permitted.”

Full press release

Bar Standards Board, 12th July 2010

Source: www.barstandardsboard.org.uk

Fury as ‘superb’ training scheme for legal aid lawyers faces axe – The Guardian

Posted July 12th, 2010 in legal aid, legal education, legal profession, news by sally

“Government plans to scrap a scheme for supporting the training of future legal aid lawyers has provoked a furious response, as critics say the move will hit the prospects of the poorest in society joining the profession.”

Full story

The Guardian, 11th July 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Miller v R [2010] EWCA Civ 1578 (09 July 2010)

IT (Sierra Leone) v Secretary of State for the Home Department [2010] EWCA Civ 787 (09 July 2010)

High Court (Administrative Court)

English UK Ltd, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1726 (Admin) (09 July 2010)

High Court (Chancery Division)

Airways Aero Associations Ltd v Wycombe District Council [2010] EWHC 1654 (Ch) (09 July 2010)

Herrmann & Anor v The Royal Borough of Kensington & Chelsea & Anor [2010] EWHC 1706 (Ch) (09 July 2010)

Mond & Anor v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch) (09 July 2010)

High Court (Commercial Court)

Persimmon Homes Ltd & Anor v Great Lakes Reinsurance (UK) Plc [2010] EWHC 1705 (Comm) (12 July 2010)

High Court (Patents Court)

Yeda Research and Development Company Ltd v Comptroller General of Patents [2010] EWHC 1733 (Pat) (12 July 2010)

High Court (Queen’s Bench Division)

Amoutzas v Tattersalls Ltd [2010] EWHC 1696 (QB) (07 July 2010)

Source: www.bailii.org

Regina (Raphael) v Highbury Corner Magistrates’ Court and another – WLR Daily

Posted July 12th, 2010 in judicial review, law reports, licensing, statutory interpretation by sally

Regina (Raphael) v Highbury Corner Magistrates’ Court and another [2010] EWHC 1502 (Admin); [2010] WLR (D) 178

“There was no reason to adopt a particularly narrow or restrictive approach to the construction of s 13 of the Interpretation Act 1978 by which statutory powers may be exercised at any time after the passing of an enabling Act in anticipation of the Act or any provision of it coming into force.”

WLR Daily, 9th 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.

Revenue and Customs Commissioners v Smallwood and another – WLR Daily

Posted July 12th, 2010 in appeals, capital gains tax, domicile, double taxation, law reports by sally

Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177

“In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’.”

WLR Daily, 9th 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 Magro and others – WLR Daily

Posted July 12th, 2010 in appeals, law reports, precedent by sally

Regina v Magro and others [2010] EWCA Crim 1575; [2010] WLR (D) 176

“Although a five-judge constitution of the Court of Appeal (Criminal Division) had a discretion to decide that a previous decision of that court should not be treated as a binding decision when it was wrong, it was not entitled to disregard or deprive the only decision of a three-judge constitution of the court of its authority on a distinct and clearly identified point of law, reached after full argument and close analysis of the relevant legislative provisions.”

WLR Daily, 9th 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.