BAILII: Recent Decisions

Posted April 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Whippey v Jones [2009] EWCA Civ 452 (08 April 2009)

So v HSBC Bank Plc & Anor [2009] EWCA Civ 296 (03 April 2009)

High Court (Chancery Division)

Heslop v Bishton & Ors [2009] EWHC 607 (Ch) (20 April 2009)

High Court (Commercial Court)

Levicom International Holdings BV & Anor v Linklaters (a firm) [2009] EWHC 812 (Comm) (21 April 2009)

High Court (Admiralty Division)

George v Coastal Marine 2004 Ltd (t/a Mashfords) [2009] EWHC 816 (Admlty) (21 April 2009)

Source: www.bailii.org

H (a Child) v East Sussex County Council – Times Law Reports

Posted April 22nd, 2009 in law reports, reasons, special educational needs, tribunals by sally

H (a Child) v East Sussex County Council

Court of Appeal

“Special educational needs tribunals were required to give only summary reasons for their decisions.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk

Doleman v Shaw – Times Law Reports

Posted April 22nd, 2009 in assignment, leases, news, winding up by sally

Doleman v Shaw

Court of Appeal

“When a liquidator disclaimed a lease, that did not determine any liability under the lease of the original lessee or of the guarantor in relation to leases or assignments of the leases executed after the Landlord and Tenant (Covenants) Act 1995 had come into force on January 1, 1996, although the liability of the insolvent assignee company had ceased after the disclaimer.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk

Jews and Muslims succeed in bid to avoid post-mortems – The Independent

Posted April 22nd, 2009 in inquests, news by sally

“Bereaved families will be allowed to pay for pathologists to perform body scans on their loved ones to establish cause of death if they object to post-mortems for religious reasons, the Government announced yesterday.”

Full story

The Independent, 22nd April 2009

Source: www.independent.co.uk

Judge rejects G20 footage ban bid – BBC News

Posted April 22nd, 2009 in demonstrations, injunctions, media, news, police by sally

“An attempt to stop new footage being broadcast of the moments leading up to the death of Ian Tomlinson has failed.”

Full story

BBC News, 21st April 2009

Source: www.bbc.co.uk

Third postmortem to be carried out on Ian Tomlinson – The Guardian

Posted April 22nd, 2009 in demonstrations, inquests, news by sally

“A third postmortem examination is to be carried out tomorrow on the body of Ian Tomlinson, the newspaper seller who died shortly after a police officer hit him from behind during the G20 protests on 1 April.”

Full story

The Guardian, 21st April 2008

Source: www.guardian.co.uk

Guantanamo men in High Court bid – BBC News

Posted April 22nd, 2009 in evidence, intelligence services, news, torture by sally

“Lawyers for seven men who were detained at Guantanamo Bay are seeking a court order preventing any evidence of their alleged mistreatment being destroyed.”

Full story

BBC News, 22nd April 2009

Source: www.bbc.co.uk

Linklaters wins €50m negligence claim – The Times

Posted April 22nd, 2009 in law firms, negligence, news by sally

“Linklaters, the ‘magic circle’ law firm, today ducked a multimillion-pound payout after defeating one of the largest negligence claims ever brought against a UK law firm.”

Full story

The Times, 21st April 2009

Source: www.timesonline.co.uk

Sex attack cab driver jailed for minimum eight years – The Independent

Posted April 22nd, 2009 in news, sentencing, sexual offences by sally

“A London taxi driver who sexually assaulted a string of women passengers whom he plied with champagne laced with sedatives was jailed for at least eight years today.”

Full story

The Independent, 21st April 2009

Source: www.independent.co.uk

Exclusive: Inside Broadmoor – The Independent

Posted April 21st, 2009 in insanity, news, secure hospitals by sally

“Peter Sutcliffe is held there. So is Ian Brady. But can anything be done to treat the criminally insane? Katherine Faulkner is given a tour of the hospital”

Full story

The Independent, 21st April 2009

Source: www.independent.co.uk

Binyam Mohamed: MI5 officer gave false evidence in Guantánamo detainee case – The Guardian

Posted April 21st, 2009 in disclosure, evidence, intelligence services, news by sally

“Lawyers for the government have admitted that a senior MI5 officer gave false evidence to the high court in the case of former Guantánamo Bay prisoner Binyam Mohamed.”

Full story

The Guardian, 21st April 2009

Source: www.guardian.co.uk

London arbitration court opens in India – The Times

Posted April 21st, 2009 in arbitration, India, news by sally

“Dignitaries representing the British and Indian legal professions gathered in New Delhi this weekend to mark the latest step in the opening of the prized Indian legal services market to foreign law firms.”

Full story

The Times, 20th April 2009

Source: www.timesonline.co.uk

Foreign Office accused of hindering human rights lawyers in Gaza Strip – The Guardian

Posted April 21st, 2009 in news, war crimes by sally

“British lawyers attempting to build a war crimes case against Israel have been blocked from entering the Gaza Strip because the Foreign Office has refused to support their work, the Guardian has learned.”

Full story

The Guardian, 21st April 2009

Source: www.guardian.co.uk

Couple jailed for fake ID factory – BBC News

Posted April 21st, 2009 in identity fraud, news, sentencing by sally

“A couple who set up and ran an international fake ID factory from their Cheshire home have been jailed.”

Full story

BBC News, 20th April 2009

Source: www.bbc.co.uk

Magistrate resigns over homosexual comments – Daily Telegraph

Posted April 21st, 2009 in disciplinary procedures, homosexuality, magistrates, news by sally

“A magistrate has resigned after making derogatory comments about homosexuals in a BBC television documentary.”

Full story

Daily Telegraph, 20th April 2009

Source: www.telegraph.co.uk

Men may not be able to blame alcohol for underage sex – The Times

Posted April 21st, 2009 in age of consent, alcohol abuse, news, sexual offences by sally

“Drinking alcohol does not affect a man’s ability to guess whether a young girl is under the age of consent, according to a study with implications for cases of underage sex.”

Full story

The Times, 20th April 2009

Source: www.timesonline.co.uk

Road rage killing driver jailed – BBC News

Posted April 21st, 2009 in homicide, news, sentencing by sally

“A man has been jailed for 27 months for the manslaughter of a motorist after he ‘lost control’ in a road rage incident.”

Full story

BBC News, 20th April 2009

Source: www.bbc.co.uk

Pirate Bay convictions are legally insignificant outside Sweden – OUT-LAW.com

Posted April 20th, 2009 in copyright, internet, news by sally

“A court in Sweden has found the co-founders of file-sharing site The Pirate Bay guilty of copyright offences. Each of them has been sentenced to one year in prison. But while the ruling has symbolic significance outside Sweden, it has little legal significance.”

Full story

OUT-LAW.com, 17th April 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted April 20th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

AT & Anor, R. v [2009] EWCA Crim 668 (12 March 2009)

High Court (Queen’s Bench Division)

Watersheds v Simms [2009] EWHC 713 (QB) (12 March 2009)

High Court (Family Division)

Re A (Minor) V [2009] EWHC 710 (Fam) (17 March 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 20th, 2009 in legislation by sally

The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009

The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

The Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2009

The Armed Forces (Conditional Release from Custody) Order 2009

The Court Martial Appeal Court (Bail) Order 2009

The Armed Forces (Proceedings) (Costs) Regulations 2009

The Criminal Justice Act 1988 (Application to Service Courts) (Evidence) (Revocation) Order 2009

Source: www.opsi.gov.uk