BAILII: Recent Decisions

Posted February 22nd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Muhammed v R [2010] EWCA Crim 227 (19 February 2010)

Azam & Ors v R [2010] EWCA Crim 226 (19 February 2010)

Thames Water Utilities Ltd, R v [2010] EWCA Crim 202 (19 February 2010)

Moore, R v [2010] EWCA Crim 224 (19 February 2010)

Court of Appeal (Civil Division)

Al Dawood Shipping Lines Ltd v Dynastic Maritime Inc (Rev 1) [2010] EWCA Civ 104 (19 February 2010)

WL (Congo) 1 and 2 & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 111 (19 February 2010)

High Court (Chancery Division)

Winwood & Anor (Trustees of the E.E.Marsh Land Settlement) v Biffa Waste Services Ltdo & Anor [2010] EWHC 242 (Ch) (19 February 2010)

Nanjing Automobile (Group) Corporation & Ors v MG Sports and Racing Europe Ltd & Anor [2010] EWHC 270 (Ch) (19 February 2010)

Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd & Anor [2010] EWHC 243 (Ch) (19 February 2010)

Re Kaupthing Singer & Friedlander Ltd [2010] EWHC 316 (Ch) (19 February 2010)

High Court (Family Division)

Z, Re [2009] EWHC 3621 (Fam) (21 December 2009)

Source: www.bailii.org

War hero fantasist cleared of deception on legal technicality – The Times

Posted February 22nd, 2010 in news by sally

“A fantasist who claimed to be a decorated war veteran has had all charges against him dropped at Nuneaton Magistrates’ Court because of a legal technicality.”

Full story

The Times, 20th February 2010

Source: www.timesonline.co.uk

PROFILE: Jonathan Sumption – The Times

Posted February 22nd, 2010 in news by sally

“The barrister Jonathan Sumption has been described as the cleverest man in Britain, with ‘a brain the size of the planet’ and fees to match. So when David Miliband hired this top legal banana to help to suppress evidence of MI5’s complicity in torturing a terrorist suspect, the foreign secretary did not envisage any slip-ups.”

Full story

The Times, 21st February 2010

Source: www.timesonline.co.uk

Assisted suicide: law to be decriminalised ‘by back door’ from next week – Daily Telegraph

Posted February 22nd, 2010 in assisted suicide, news by sally

“Assisted suicide will be effectively decriminalised by the back door in landmark guidance to be published next week.”

Full story

Daily Telegraph, 19th February 2010

Source: www.telegraph.co.uk

Bamber case reviewed – The Independent

Posted February 22nd, 2010 in Criminal Cases Review Commission, news by sally

“A man who has spent the past 23 years in jail for shooting dead five of his relatives is to have his conviction re-examined after doubts were raised over key evidence used during his trial.”

Full story

The Independent, 22nd February 2010

Source: www.independent.co.uk

Robbery suspect Peter Blake ‘opened court doors and strolled to freedom’ – The Times

Posted February 22nd, 2010 in news by sally

“After walking through the double doors of Court 35, Peter Blake turned down a winding staircase and within three minutes had navigated his way unnoticed through the Gothic maze of the Royal Courts of Justice.”

Full story

The Times, 20th February 2010

Source: www.timesonline.co.uk

Regulation of estate agents ‘unnecessary’, says OFT – Law Society’s Gazette

Posted February 22nd, 2010 in estate agents, news, reports, solicitors by sally

“Solicitors have expressed disappointment that the Office of Fair Trading did not propose the regulation of estate agents in its home buying and selling report published last week.”

Full story

Law Society’s Gazette, 22nd February 2010

Source: www.lawgazette.co.uk

Two race claims out of 150 upheld against Metropolitan police at tribunal – Daily Telegraph

Posted February 22nd, 2010 in news, police, race discrimination, tribunals by sally

“Only two of almost 150 race claims made against the country’s largest police force in the past four years have been upheld at tribunals, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 20th February 2010

Source: www.telegraph.co.uk

MI5 may face new torture inquiry – The Times

Posted February 22nd, 2010 in news by sally

“As befits Britain’s most senior spy, Jonathan Evans is noted in Whitehall for being cool under fire. That quality will be tested this week when MI5’s director-general learns whether his service is about to be engulfed by one of the biggest crises in its 100-year history.”

Full story

The Times, 21st February 2010

Source: www.timesonline.co.uk

Photographer films his own ‘anti-terror’ arrest – The Guardian

Posted February 22nd, 2010 in news, photography, police, terrorism by sally

“Police questioned an amateur photographer under anti-terrorist legislation and later arrested him, claiming pictures he was taking in a Lancashire town were ‘suspicious’ and constituted ‘antisocial behaviour’.”

Full story

The Guardian, 21st February 2010

Source: www.guardian.co.uk

‘Baby P’ doctor faces GMC hearing – BBC News

Posted February 22nd, 2010 in child abuse, doctors, negligence, news by sally

“A doctor accused of failing to spot the signs that Baby P was being abused is due before the General Medical Council (GMC) charged with misconduct.”

Full story

BBC News, 22nd February 2010

Source: www.bbc.co.uk

Judge criticises ‘waste of money’ case after pensioner threatens boys with hammer – Daily Telegraph

Posted February 22nd, 2010 in affray, news, sentencing, threatening behaviour by sally

“A Crown Court case against a pensioner who threatened four boys for climbing trees was a waste of taxpayers’ money, a judge has said.”

Full story

Daily Telegraph, 20th February 2010

Source: www.telegraph.co.uk

Girls, you can take the skirts off – The Times

Posted February 22nd, 2010 in news by sally

“Equality and human rights law may make it illegal for schools to force girls to wear skirts — because uniforms discriminate against transsexuals.”

Full story

The Times, 21st February 2010

Source: www.timesonline.co.uk

‘Psychopathic’ father jailed for baby murder – BBC News

Posted February 19th, 2010 in child abuse, deportation, murder, news, sentencing by sally

“A father who ‘used his baby as a tool to avoid deportation’ has been jailed for life for her murder, and must serve a minimum of 16 years.”

Full story

BBC News, 19th February 2010

Source: www.bbc.co.uk

BA cabin crew lose high court battle to prevent airline cuts – The Guardian

Posted February 19th, 2010 in airlines, contract of employment, news, trade unions by sally

“British Airways cabin crew today lost their high court bid for a permanent injunction preventing the airline from imposing cost-cutting proposals.”

Full story

The Guardian, 19th February 2010

Source: www.guardian.co.uk

Four years for mother who smothered son to death – The Independent

Posted February 19th, 2010 in appeals, homicide, news, sentencing by sally

“A woman who smothered her three-year-old son to death with a pillow was sentenced to four years jail for his manslaughter today after successfully appealing against her conviction for his murder.”

Full story

The Independent, 19th February 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted February 19th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hemsley v R [2010] EWCA Crim 225 (18 February 2010)

Zaman, R. v [2010] EWCA Crim 209 (22 January 2010)

Jordan & Ors, R. v [2010] EWCA Crim 206 (28 January 2010)

High Court (Queen’s Bench Division)

Rayment v Ministry of Defence [2010] EWHC 218 (QB) (18 February 2010)

Frost v Oldfield [2010] EWHC 279 (QB) (18 February 2010)

High Court (Chancery Division)

Jayasinghe v Liyanage [2010] EWHC 265 (Ch) (18 February 2010)

Joyce v Bowman Law Ltd [2010] EWHC 251 (Ch) (18 February 2010)

High Court (Administrative Court)

Austin v Chief Constable of Surrey Police [2010] EWHC 266 (Admin) (18 February 2010)

Ogbonna v Nursing & Midwifery Council [2010] EWHC 272 (Admin) (18 February 2010)

High Court (Commercial Court)

Masefield AG v Amlin Corporate Member Ltd [2010] EWHC 280 (Comm) (18 February 2010)

Markerstudy Insurance Company Ltd & Ors v Endsleigh Insurance Services Ltd [2010] EWHC 281 (Comm) (18 February 2010)

Source: www.bailii.org

Public say in youth crime punishment – Ministry of Justice

Posted February 19th, 2010 in consultations, Ministry of Justice, news, young offenders by sally

“Communities in the North East affected by crime will get a say in how young offenders are punished, Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 18th February 2010

Source: www.justice.gov.uk

Media watchdog needs ‘radical shake-up’ but should not be abolished, MPs argue – The Times

Posted February 19th, 2010 in news by sally

“Tougher powers for the Press Complaints Commission and an end to the right of companies to sue for libel will be proposed next week in a longawaited report by MPs. But the much criticised press watchdog will escape calls for its abolition or for any form of state regulation of the press.”

Full story

The Times, 19th February 2010

Source: www.timesonline.co.uk

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same – WLR Daily

Posted February 19th, 2010 in appeals, domicile, law reports, taxation by sally

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same [2010] EWCA Civ 83; [2010] WLR (D) 45

“The revenue had not been shown, in considering cases founded upon asserted non-resident status, to have altered its interpretation or application of relevant guidance material.”

WLR Daily, 18th February 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.