Three not guilty over Birmingham riot death – BBC News
“Three men accused of murdering a 23-year-old man during riots in Birmingham have been found not guilty.”
BBC News, 17th February 2010
Source: www.bbc.co.uk
Judge blocks Milford Haven port strike – The Guardian
“A high court judge has blocked a strike by workers at one of Britain’s busiest ports, as British Airways cabin crew brace themselves for a legal challenge to next week’s strike ballot result.”
The Guardian, 17th February 2010
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (17 February 2010)
Court of Appeal (Civil Division)
Harley & Ors v Smith & Anor [2010] EWCA Civ 78 (17 February 2010)
Actavis UK Ltd v Novartis AG [2010] EWCA Civ 82 (17 February 2010)
Virdi v The Law Society of England and Wales & Anor [2010] EWCA Civ 100 (16 February 2010)
Smith v Youth Justice Board for England and Wales & Anor [2010] EWCA Civ 99 (16 February 2010)
Bilkus v Stockler Brunton (A Firm) [2010] EWCA Civ 101 (16 February 2010)
Court of Appeal (Criminal Division)
Barry, R v [2010] EWCA Crim 195 (17 February 2010)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010
The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2010
The Deposits in the Sea (Exemptions) (Amendment) (England and Wales) Order 2010
The School Admissions Code (Appointed Day) (England) Order 2010
The Marine and Coastal Access Act 2009 (Commencement No.2 and Transitional Provisions) Order 2010
The Education (Chief Inspector of Education and Training in Wales) Order 2010
The British Nationality (Rwanda) Order 2010
The Pitcairn Constitution Order 2010
The Double Taxation Relief and International Tax Enforcement (Libya) Order 2010
The National Insurance Contribution Credits (Transfer of Functions) (Northern Ireland) Order 2010
The Double Taxation Relief and International Tax Enforcement (Qatar) Order 2010
The Parliamentary Commissioner Order 2010
The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2010
The Inspectors of Education, Children’s Services and Skills Order 2010
The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010
The Health Professions (Hearing Aid Dispensers) Order 2010
The Travel Concessions (Eligible Services) (Amendment) Order 2010
The Bus Service Operators Grant (Wales) (Amendment) Regulations 2010
The Learner Travel Information (Wales) (Amendment) Regulations 2010
Source: www.opsi.gov.uk
Entrepreneur faces £30m tax demand after residency ruling leaves thousands exposed – The Times
“The Court of Appeal ruled that Robert Gaines-Cooper was liable to pay UK tax despite spending less than 91 days a year in the country because England had remained ‘the centre of gravity of his life and interests’.”
The Times, 17th February 2010
Source: www.timesonline.co.uk
Allison v HM Advocate – Times Law Reports
Supreme Court
“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”
The Times, 17th February 2010
Source: www.timesonline.co.uk
Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – Times Law Reports
Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs
Court of Appeal
“It was for the court to determine whether a government claim of serious damage to national security required parts of the reasons in its judgment should be left out.”
The Times, 16th February 2010
Source: www.timesonline.co.uk
Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports
Alemo-Herron and Others v Parkwood Leisure Ltd
Court of Appeal
“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”
The Times, 15th February 2010
Source: www.timesonline.co.uk
JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same – Times Law Reports
JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same
Court of Appeal
“The Home Secretary would have to show very serious reasons to justify the removal, on the basis of a criminal conviction, of a settled migrant who had spent the major part of his/her childhood in the United Kingdom, if it would interfere with the Convention right to respect for his/her private and family life.”
The Times, 8th February 2010
Source: www.timesonline.co.uk
Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily
Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40
“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”
WLR Daily, 16th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Statutory guidance will tell companies how to prevent bribery – OUT-LAW.com
“A Government minister will have to publish guidance for companies on a new bribery offence that had been criticised for not being clear enough. The Bribery Bill would make it an offence for a company to fail to prevent bribery.”
OUT-LAW.com, 16th February 2010
Source: www.out-law.com
Yarl’s Wood children face ‘extreme distress’, report reveals – The Guardian
“Children held at an immigration detention centre face ‘extremely distressing’ arrest and transportation procedures, and are subjected to prolonged and sometimes repeated periods of detention, according to a damning report by the Children’s Commissioner.”
The Guardian, 17th February 2010
Source: www.guardian.co.uk
Companies could be forced to publicise corporate manslaughter conviction – Ministry of Justice
“Companies convicted of corporate manslaughter could be forced to take out adverts publicising their conviction as a result of new measures which come into effect today.”
Ministry of Justice, 16th February 2010
Source: www.justice.gov.uk
Murder arrest over Ray Gosling’s BBC confession – BBC News
“TV presenter Ray Gosling has been arrested on suspicion of murder by Nottinghamshire Police after he admitted killing his lover.”
BBC News, 17th February 2010
Source: www.bbc.co.uk
Most jurors do not understand judge’s legal advice, says report – The Guardian
“Two out of three jurors do not fully understand the legal directions given to them by judges when they retire to consider their verdicts, according to a report for the Ministry of Justice.”
The Guardian, 17th February 2010
Source: www.guardian.co.uk
Ground-breaking research finds juries are fair and effective – Ministry of Justice
“Juries in England and Wales have been found to be fair, effective and efficient by the most in-depth study into the issue ever undertaken in this country, published today.”
Ministry of Justice, 17th February 2010
Source: www.justice.gov.uk
Barber v Croydon London Borough Council – WLR Daily
Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39
“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”
WLR Daily, 16th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
FSA issues record fine for insider trading – BBC News
“The City watchdog, the Financial Services Authority (FSA), has issued the largest fine in its history against an individual for insider trading.”
BBC News, 16th February 2010
Source: www.bbc.co.uk
Judge orders extradition of five men over Crete murder bid – The Independent
“Five young men accused of attempting to murder a British holidaymaker in Crete were today ordered to travel to Greece to face justice. A judge granted an extradition request after hearing the gang were suspected of the savage mob attack in Malia in June 2008.”
The Independent, 16th February 2010
Source: www.independent.co.uk
