BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)
Source: www.bailii.org
Straw: virtual courts deliver swift justice – Ministry of Justice
“Justice Secretary Jack Straw praised the first virtual court pilot for delivering justice faster and more efficiently, when he visited Camberwell Green Magistrates’ Court.”
Ministry of Justice, 27th May 2009
Source: www.justice.gov.uk
Civil Procedure Rules: 10 years of change – Law Society’s Gazette
“If you are a civil litigator able to remember serving a writ on behalf of a plaintiff, as well as the days of pleadings, interrogatories, further and better particulars, affidavits and discovery, then you are, shall we say, of a certain vintage. For solicitors who have entered practice in the past decade, these terms are relics of the days before claimants and claim forms, statements of case, requests for further information, witness statements and disclosure.But 10 years on from the implementation of the Civil Procedure Rules, have the reforms laboured over by Lord Woolf provided much more than a change in terminology?”
Law Society’s Gazette, 28th May 2009
Source: www.lawgazette.co.uk
Police retention of photos of innocent man breached his right to privacy, says Court of Appeal – OUT-LAW.com
“Police should not have kept photos taken of an arms trade protester, the Court of Appeal has ruled. The retention of the photos long after the peaceful protest was a breach of the man’s right to privacy, the Court ruled.”
OUT-LAW.com, 27th May 2009
Source: www.outlaw.com
Patients win right to delete records on controversial health database – OUT-LAW.com
“Patients will be able to demand that their health records are deleted from the massive database being built by the NHS, privacy regulator the Information Commissioner’s Office has said. Previously, patients could only have details ‘masked’, not deleted.”
OUT-LAW.com, 27th May 2009
Source: www.out-law.com
EBay has ‘no legal duty’ to protect others’ trade marks, says High Court – OUT-LAW.com
“Online auction site eBay has ‘no legal duty’ to protect other companies’ trade marks or stop its sellers from infringing them, the High Court has said.”
OUT-LAW.com, 26th May 2009
Source: www.out-law.com
Jail after laser shone onto plane – BBC News
“A 21-year-old man has been jailed for shining a laser light at a passenger plane preparing to land.”
BBC news, 28th May 2009
Source: www.bbc.co.uk
David Beckham jacket tussle ends with rap on the knuckles for Primark – The Guardian
“A lot of men may try to emulate fashion icon David Beckham, but the Primark retail chain – nicknamed Primani for its ability to turn out designer fashions at high street prices – has been rapped on the knuckles for doing just that with one of the footballer’s favourite jackets. The Cheltenham–based firm Superdry felt a line had been crossed and accused Primark of copying elements of its signature Brad leather jacket. The two parties have reached an out-of-court financial settlement with Primark also promising not to produce the offending jacket again. Primark declined to comment.”
The Guardian, 28th May 2009
source: www.guardian.co.uk
Car firm fined over hurt worker – BBC News
“A car parts company has been fined almost £6,000 after a worker was crushed in an accident in a workshop.”
BBC News, 28th May 2009
Source: www.bbc.co.uk
Child rapists ‘avoiding prison’ – BBC News
“Six convicted child rapists were not sent to jail in 2007, according to Ministry of Justice statistics.”
BBC News, 29th May 2009
Source: www.bbc.co.uk
Abu Hamza sons jailed over £1 million luxury car scam – The Times
“Three sons of the radical cleric Abu Hamza al-Masri were jailed today for their part in the theft of more than £1 million worth of luxury cars that were then sold all over Europe.”
The Times, 29th May 2009
Source: www.timesonline.co.uk
Cafcass chief Anthony Douglas is called to account by judge – The Times
“The head of the children’s court agency was summoned by a judge yesterday to explain ‘deplorable and entirely unacceptable’ case delays after the Baby Peter scandal.”
The Times, 29th May 2009
Source: www.timesonline.co.uk
Mother in court over school place – BBC News
“A mother is to appear in court accused of lying about her address in order to gain a place for her son at a popular infant school.”
BBC News, 29th May 2009
Source: www.bbc.co.uk
Late abortion tribunal challenge – BBC News
“Pro-life campaigners are continuing their fight for the publication of details of late medical abortions. An information tribunal is set to hear a Department of Health appeal that such information should not be published.”
BBC News, 28th May 2009
Source: www.bbc.co.uk
R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily
“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”
WLR Daily, 27th May 2009
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.
Napier and another v Pressdram Ltd – WLR Daily
Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172
“Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the adjudication contained no private information concerning the solicitor. The procedural nature of the investigation itself did not give rise to a duty of confidentiality.”
WLR Daily, 27th May 2009
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.
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Horncastle & Ors v R. [2009] EWCA Crim 964 (22 May 2009)
High Court (Chancery Division)
Enviroco Ltd v Farstad Supply A/S [2009] EWHC 906 (Ch) (22 May 2009)
High Court (Queen’s Bench)
Lloyds TSB Commercial Finance Ltd. v Melia & Ors [2009] EWHC 1114 (QB) (05 May 2009)
Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)
High Court (Administrative Court)
Defence Estates v JL & Anor [2009] EWHC 1049 (Admin) (05 May 2009)
Nicholas-Pillai v General Medical Council [2009] EWHC 1048 (Admin) (06 May 2009)
Mitchell v The Nursing and Midwifery Council [2009] EWHC 1045 (Admin) (06 May 2009)
Southall v The General Medical Council [2009] EWHC 1155 (Admin) (22 May 2009)
High Court (Commercial Court)
Vitol SA v Conoil Plc [2009] EWHC 1144 (Comm) (22 May 2009)
High Court (Patents Court)
TNS Group Holdings Ltd. v Nielsen Media Research Inc [2009] EWHC 1160 (Pat) (20 May 2009)
Source: www.bailii.org
Should Britain import the US method of dealing with fraud? – The Times
“The headlines in these pages this week that ‘City police warn of huge rise in fraud cases’ was accompanied by the astonishing report that the number of reported frauds has risen by 64 per cent in the past year ‘with people from all walks of life falling victim’.”
The Times, 28th May 2009
Source: www.timesonline.co.uk
Knife crime: only one person last year handed maximum sentence – Daily Telegraph
“The Government’s claim to a tougher stance on knife crime has been exposed as a sham after just one person caught carrying a blade last year was handed the new maximum four years behind bars.”
Daily Telegraph, 27th May 2009
Source: www.telegraph.co.uk
