BAILII: Recent Decisions

Posted July 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791 (23 July 2009)

Secretary of State for the Home Department v GG [2009] EWCA Civ 786 (23 July 2009)

Whirlpool Corporation & Anor v Kenwood Ltd [2009] EWCA Civ 753 (23 July 2009)

Lancore Services Ltd v Barclays Bank Plc [2009] EWCA Civ 752 (23 July 2009)

JF & Anor,R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 792 (23 July 2009)

Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Ors [2009] EWCA Civ 789 (23 July 2009)

Markel International Insurance Co Ltd v Higgins [2009] EWCA Civ 790 (23 July 2009)

Headway Plc v Eastearly Ltd [2009] EWCA Civ 793 (23 July 2009)

Riaz v Fowler & Anor [2009] EWCA Civ 760 (23 July 2009)

Afolayan v MRCS Ltd & Anor [2009] EWCA Civ 796 (24 July 2009)

D (A Child), Re [2009] EWCA Civ 754 (24 July 2009)

High Court (Administrative Court)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2009] EWHC 1824 (Admin) (22 July 2009)

Kay, R (on the application of) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin) (23 July 2009)

Crest Nicholson Plc v Office of Fair Trading [2009] EWHC 1875 (Admin) (24 July 2009)

Verity, R (on the application of) v Chief Constable of North Yorkshire Police [2009] EWHC 1879 (Admin) (24 July 2009)

Khan, R (on the application of) v Election Commissioner for the Aston Ward (Birmingham City Council) [2009] EWHC 1757 (Admin) (24 July 2009)

High Court (Chancery Division)

Bourne & 101 Ors v The Charit-Email Technology Partnership LLP [2009] EWHC 1901 (Ch) (23 July 2009)

Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd & Ors [2009] EWHC 1839 (Ch) (24 July 2009)

High Court (Commercial Court)

E.N.E. Kos v Petroleo Brasileiro S.A. (Petrobas) [2009] EWHC 1843 (Comm) (23 July 2009)

High Court (Queen’s Bench Division)

Hopps v Mott Macdonald Ltd & Anor [2009] EWHC 1881 (QB) (24 July 2009)

Faisaltex Ltd & Ors v Lancashire Constabulary & Anor [2009] EWHC 1884 (QB) (24 July 2009)

Bloomsbury International Ltd & Ors v Sea Fish Industry Authority & Anor [2009] EWHC 1721 (QB) (24 July 2009)

High Court (Technology & Construction Court)

Allen-Britten & Anor v Abels [2009] EWHC 1614 (TCC) (09 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 24th, 2009 in legislation by sally

The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009

The Human Fertilisation and Embryology (Appeals) Regulations 2009

The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

The Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009

The Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009

The General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

The Human Fertilisation and Embryology (Special Exemption) Regulations 2009

The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009

The Hillingdon Hospital National Health Service Trust (Transfer of Trust Property) Order 2009

The Landfill Tax (Amendment) Regulations 2009

The Welsh Authority (Digital Switchover) Order 2009

The Gambling (Personal Licence Fees) (Amendment) Regulations 2009

The Tribunal Procedure (Amendment No. 2) Rules 2009

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

The Criminal Defence Service (Provisional Representation Orders) Regulations 2009

The Land Registration (Amendment) Rules 2009

The Commons Registration (England) (Amendment) Regulations 2009

The Family Law Act 1996 (Forced Marriage)(Relevant Third Party) Order 2009

The Commonhold (Land Registration) (Amendment) Rules 2009

The Family Proceedings Courts (Miscellaneous Amendments) (No.2) Rules 2009

The Social Security (Contributions) (Amendment No. 4) Regulations 2009

Source: www.opsi.gov.uk

Solicitors and barristers in deal on advocacy pay – Law Society’s Gazette

Posted July 24th, 2009 in barristers, family courts, fees, news, solicitors by sally

“Solicitors and barristers reached an agreement this week that would see both sides of the profession paid the same amount for advocacy work in family cases.”

Full story

Law Society’s Gazette, 23rd July 2009

Source: www.lawgazette.co.uk

Privileged background of solicitors laid bare in government report – Law Society’s Gazette

Posted July 24th, 2009 in legal profession, news by sally

“A government-commissioned report that lays bare the privileged background of most lawyers shows that class distinction still dominates the sector.”

Full story

Law Society’s Gazette, 23rd July 2009

Source: www.lawgazette.co.uk

Man jailed for trying to smuggle cocaine in trainers – UK Border Agency

Posted July 24th, 2009 in drug trafficking, press releases, sentencing by sally

“A Spanish man who tried to smuggle 2.8kg of cocaine – worth an estimated £112,000 – into the United Kingdom has been jailed for 11 years.”

Full press release

UK Border Agency, 22nd July 2009

Source: www.ukba.homeoffice.gov.uk

Immigration Act gives UK Border Agency customs powers – UK Border Agency

Posted July 24th, 2009 in customs and excise, immigration, press releases by sally

“UK Border controls were strengthened today as thousands of customs and immigration officers, sharing wide ranging powers, created a new unified force at the border following Royal Assent of the Borders, Citizenship and Immigration Act 2009.”

Full press release

UK Border Agency, 22nd July 2009

Source: www.ukba.homeoffice.gov.uk

Chairman of the Bar Reiterates Commitment to ‘One Bar’ – The Bar Council

Posted July 24th, 2009 in barristers, press releases by sally

“Desmond Browne QC, the Chairman of the Bar, and Baroness Deech, the Chair of the Bar Standards Board, addressed barristers at a half-day Conference for the Employed Bar hosted by the Employed Barristers’ Committee.”

Full press release

The Bar Council, 22nd July 2009

Source: www.barcouncil.org.uk

Ministers admit more work is needed on family legal aid scheme – The Bar Council

Posted July 24th, 2009 in family courts, legal aid, press releases by sally

“Government Ministers have acknowledged that controversial plans to impose fixed fees for legal representation for vulnerable families and children cannot proceed without ‘further analysis’.”

Full press release

The Bar Council, 21st July 2009

Source: www.barcouncil.org.uk

Bar Ready to Redouble Efforts on Social Mobility – The Bar Council

Posted July 24th, 2009 in barristers, press releases by sally

“The Bar is ready to redouble its efforts to promote fair access to the profession, Bar Council Chairman, Desmond Browne QC said today.”

Full press release

The Bar Council, 20th July 2009

Source: www.barcouncil.org.uk

Attorney General spells out her relationship with prosecutors at end of thorough review of the role – Attorney General’s Office

Posted July 24th, 2009 in attorney general, press releases, prosecutions by sally

“Attorney General spells out her relationship with prosecutors at end of thorough review of the role.”

Full press release

Attorney General’s Office, 21st July 2009

Source: www.attorneygeneral.gov.uk

Information Tribunal overlooked public interest in legal privilege case, says High Court – OUT-LAW.com

Posted July 24th, 2009 in disclosure, freedom of information, news, public interest, tribunals by sally

“The Information Tribunal misunderstood part of a Freedom of Information (FOI) Act request and failed to properly adjudicate other parts of it, the High Court has said. The case must be re-considered by the Tribunal.”

Full story

OUT-LAW.com, 23rd July 2009

Source: www.out-law.com

EU privacy watchdog issues warning over transport monitoring – OUT-LAW.com

Posted July 24th, 2009 in EC law, news, privacy, transport by sally

“New systems planned by the European Commission to ease traffic problems across Europe do not adequately protect the privacy of travellers, according to the regulator set up to monitor the privacy implications of Commission actions.”

Full story

OUT-LAW.,com, 24th July 2099

Surce: www.out-law.com

Inquiry over police custody death – BBC News

Posted July 24th, 2009 in death in custody, news by sally

“An investigation is under way by the Independent Police Complaints Commission (IPCC) after a Gwynedd man died following police custody.”

Full story

BBC News, 23rd July 2009

Source: www.bbc.co.uk

OAP’s payout after bank’s advice – BBC News

Posted July 24th, 2009 in banking, compensation, news by sally

“A 91-year-old retired farmer has won nearly £200,000 compensation after he was advised by his bank to invest his savings on the stock market.”

Full story

BBC News, 23rd July 2009

Source: www.bbc.co.uk

Gas fitter trial ‘stark warning’ – BBC news

Posted July 24th, 2009 in health & safety, homicide, news by sally

“A gas fitter’s manslaughter conviction after the death of two friends from carbon monoxide poisoning is a ‘stark warning’ to unqualified workmen.”

Full story

BBC News, 24th July 2009

Source: www.bbc.co.uk

Woman jailed for killing husband – BBC News

Posted July 24th, 2009 in homicide, news, sentencing by sally

“A mother-of-four from Northampton has been found guilty of killing her husband by knifing him in the heart.”

Full story

BBC News, 23rd July 2009

Source: www.bbc.co.uk

Asda back-pedals after advert shows £70 bike built so badly it was dangerous – The Guardian

Posted July 24th, 2009 in advertising, news by sally

“Supermarket pulls TV ad for ‘flat-pack’ bike after experts say brakes and steering would not work properly.”

Full story

The Guardian, 23rd July 2009

Source: www.guardian.co.uk

CPS ‘outdated and ripe for reform’ says boss – The Guardian

Posted July 24th, 2009 in criminal justice, Crown Prosecution Service, news by sally

“The director of public prosecutions, Keir Starmer, plans revamp of criminal justice system, with victims and witnesses to be the focus of changes.”

Full story

The Guardian, 23rd July 2009

Source: www.guardian.co.uk

Tax avoidance experts may face FSA crackdown – The Guardian

Posted July 24th, 2009 in banking, financial regulation, news, tax avoidance by sally

“Bank bosses who allow their firms to devise schemes to help customers avoid paying tax could face sanctions from the Financial Services Authority.”

Full story

The Guardian, 23rd July 2009

Source: www.guardian.co.uk

Water companies told to spend less and pass benefit to customers – The Times

Posted July 24th, 2009 in news, water companies by sally

“Britain’s water companies were ordered yesterday to slash 4 per cent from their bills by 2015 in a rare piece of good news for millions of hard-pressed consumers.”

Full story

The Times, 24th July 2009

Source: www.timesonline.co.uk