BAILII: Recent Decisions

Posted June 15th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Jones v Kaney [2010] EWHC 61 (QB) (21 January 2010)

High Court (Administrative Court)

Mhango, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1321 (Admin) (10 June 2010)

Am, R (on the application of) v The Chief Constable of West Midlands Police [2010] EWHC 1228 (Admin) (28 May 2010)

The Law Society of England and Wales, R (on the application of) v The Lord Chancellor [2010] EWHC 1406 (Admin) (15 June 2010)

W & M, R (on the application of) v Oldham Youth Court [2010] EWHC 661 (Admin) (03 March 2010)

Nursing and Midwifery Council v Carthy [2010] EWHC 1194 (Admin) (18 March 2010)

Crown Prosecution Service v Patel [2010] EWHC 1221 (Admin) (13 May 2010)

Crown Prosecution Service, R (on the application of) v Cambridge Crown Court [2010] EWHC 663 (Admin) (19 February 2010)

Said, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 365 (Admin) (03 February 2010)

Hussain, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1220 (Admin) (12 May 2010)

Nursing and Midwifery Council, R (on the application of) v Salauroo [2010] EWHC 367 (Admin) (27 January 2010)

Williams, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 407 (Admin) (10 February 2010)

Leeson, R (on the application of) v DPP [2010] EWHC 994 (Admin) (16 April 2010)

Hakeem, R (on the application of) v Valuation Tribunal Service & Anor [2010] EWHC 152 (Admin) (18 January 2010)

Ganic v Republic of Serbia [2010] EWHC 878 (Admin) (11 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 15th, 2010 in legislation by sally

The Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010

The Drinking Milk (Wales) Regulations 2010

Source: www.opsi.gov.uk

Regina v George and others – WLR Daily

Posted June 15th, 2010 in airlines, appeals, conspiracy, law reports, price fixing by sally

Regina v George and others [2010] EWCA Crim 1148; [2010] WLR (D) 147

“Where a statute imposed criminal liability on an individual who dishonestly agreed with one or more other people to do a prohibited act, the intention and purpose was to criminalise that individual, regardless of whether those other persons were also dishonest.”

Full story

WLR Daily, 14th June 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.

Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Posted June 15th, 2010 in appeals, contracts, damages, law reports, set-off by sally

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010

Source:

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

Regina (Morge) v Hampshire County Council – WLR Daily

Posted June 15th, 2010 in appeals, EC law, environmental protection, law reports, local government, planning by sally

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th June 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.

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd – WLR Daily

Posted June 15th, 2010 in appeals, defamation, law reports, malicious falsehood by sally

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd [2010] EWCA Civ 609; [2010] WLR (D) 144

“The single meaning rule in defamation did not apply in claims of malicious falsehood.”

WLR Daily, 11th June 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 (Vodafone Ltd and Others) v Secretary of State for Business, Enterprise and Regulatory Reform, Office of Communications and Others, interested parties – Times Law Reports

Posted June 15th, 2010 in law reports by sally

Regina (Vodafone Ltd and Others) v Secretary of State for Business, Enterprise and Regulatory Reform, Office of Communications and Others, interested parties Case C-58/08

Court of Justice of the European Union

“No principles of European Union law were infringed in capping charges made by mobile telephone operators to customers for calls made outside their home state but within the Community.”

The Times, 15th June 2010

Source: www.timesonline.co.uk

Freedom of Information Act gives protection to royal secrets – The Times

Posted June 15th, 2010 in archives, news by sally

“The Royal Family and the Royal Household were exempted from direct requests for information under the Freedom of Information Act 2000. The Royal Household was not included in the Act’s definition of a public authority, so members of the public are unable to access information held in the Royal Archives. Public bodies can be asked to release information that may include details about the Royal Family, but protection also covers communications between public bodies, such as government departments, and the Royal Family or Royal Household.”

Full story

The Times, 15th June 2010

Source: www.timesonline.co.uk

Lawyers for Bloody Sunday families view Saville report – BBC News

Posted June 15th, 2010 in armed forces, inquiries, news, Northern Ireland, reports by sally

“Lawyers for the families of those killed and injured on Bloody Sunday and the soldiers involved are studying Lord Saville’s report on the events.”

Full story

BBC News, 15th June 2010

Source: www.bbc.co.uk

Anti-paedophile database halted weeks before launch for ‘commonsense’ reasons – Daily Telegraph

Posted June 15th, 2010 in child abuse, criminal records, news by sally

“Plans for a database of adults who want to work with children have been halted following a wave of criticism.”

Full story

Daily Telegraph, 14th June 2010

Source: www.telegraph.co.uk

Lord Saville — an outstanding legal mind defined by Bloody Sunday inquiry –

Posted June 15th, 2010 in inquiries, judges, news by sally

“It is an irony of the Bloody Sunday inquiry that the most expensive and long judicial investigation in history was chaired by a judge chosen for his efficiency.”

Full story

The Times, 14th June 2010

Source: www.timesonline.co.uk

Cab rapist John Worboys in appeal to cut sentence – BBC News

Posted June 15th, 2010 in appeals, news, sentencing, sexual offences by sally

“A London taxi driver jailed indefinitely for drugging and sexually assaulting female passengers in his black cab is launching an appeal against his sentence.”

Full story

BBC News, 15th June 2010

Source: www.bbc.co.uk

Yarl’s Wood staff criticised for poor investigation into child sex case – The Guardian

Posted June 15th, 2010 in child abuse, children, detention, immigration, news, reports by sally

“Social workers failed to properly investigate a case of two five-year-old boys found engaging in sexual activity at Yarl’s Wood detention centre and concerns an older child may have abused one of them, an official report found today.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Witnesses ‘lied to hide Prince’s involvement,’ court told – The Times

Posted June 15th, 2010 in news by sally

“Witnesses in the Chelsea Barracks case ‘concocted an untrue story’ to cover up the involvement of the Prince of Wales and the Emir of Qatar in the cancellation of an £81 million modernist housing project, the High Court was told yesterday.”

Full story

The Times, 15th June 2010

Source: www.timesonline.co.uk

Insurers’ new code may add insult to personal injury lawyers – The Guardian

Posted June 15th, 2010 in compensation, insurance, legal profession, news, personal injuries, third parties by sally

“Personal injury lawyers and insurers are not the greatest of friends. Lawyers often see insurers as obstructive and just trying to weasel out of paying. Insurers see lawyers as equally obstructive and just trying to squeeze as much money as they can for themselves out of the compensation process.”

Full story

The Guardian, 15th June 2010

Source: www.guardian.co.uk

Teenager sentenced for rape of boys – The Independent

Posted June 15th, 2010 in news, rape, sentencing, young offenders by sally

“A teenager who raped two young boys has been sentenced to a community rehabilitation order, police said today.”

Full story

The Independent, 14th June 2010

Source: www.independent.co.uk

GPs agree to waive privacy of mentally ill gun owners – The Guardian

Posted June 15th, 2010 in confidentiality, doctors, firearms, medical ethics, mental health, news by sally

“Doctors have agreed to breach their duty of medical confidentiality to patients who own guns if they fear they have become so seriously mentally ill they may use their weapons on themselves or the public, the Guardian has learned.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Parliament Square eviction case a ‘collision of rights’ – BBC News

Posted June 14th, 2010 in demonstrations, London, news, trespass by sally

“The High Court has heard the Mayor of London’s attempt to evict Parliament Square protesters is a ‘collision of rights’.”

Full story

BBC News, 14th June 2010

Source: www.bbc.co.uk

Policewoman awarded £275,000 over sex discrimination – The Independent

Posted June 14th, 2010 in damages, news, police, sex discrimination by sally

“A policewoman who endured sexist comments at work has been awarded £275,000 in damages from her former force, it emerged today.”

Full story

The Independent, 14th June 2010

Source: www.independent.co.uk

Ken Clarke signals ‘more sensible’ prison sentencing policy – The Guardian

Posted June 14th, 2010 in lord chancellor, news, sentencing by sally

“Prison reformers today welcomed what appeared to be a major shift in the approach to penal policy outlined by the new justice secretary, Ken Clarke, over the weekend.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk