In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted December 17th, 2009 in care orders, child abuse, law reports, parental responsibility, standard of proof by sally

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 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.

Financial Times Ltd and Others v United Kingdom – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Financial Times Ltd and Others v United Kingdom

European Court of Human Rights

“The public interest in the protection of journalists’ sources was sufficient to outweigh any threat of damage through future dissemination of a company’s confidential information or any possibility of obtaining damages for past breaches of confidence, even if considered cumulatively.”

The Times, 16th December 2009

Source: www.timesonline.co.uk

Axa Insurance Ltd v Akhter & Darby and Others – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Axa Insurance Ltd v Akhter & Darby and Others

Court of Appeal

“An insurer’s cause of action for negligent advice by insured solicitors accrued when after-the-event insurance cover, creating contingent liability, had been issued to defendant solicitors to protect costs and expenses of litigants to bring actions and not when the litigants’ claims failed thereby causing financial loss to the insurer.”

The Times, 15th December 2009

Source: www.timesonline.co.uk

Omojudi v United Kingdom – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Omojudi v United Kingdom

European Court of Human Rights

“Deporting a sex offender who had indefinite leave to remain and had lived in the United Kingdom for 26 years was disproportionate and a breach of his right to a family life.”

The Times, 15th December 2009

Source: www.timesonline.co.uk

Three guilty of murdering son who tried to save father in post office raid – The Times

Posted December 17th, 2009 in news by sally

“Three balaclava-clad raiders who shot dead a postmaster’s son as he tried to defend his parents in the village store are facing life sentences after their conviction for his murder.”

Full story

The Times, 16th December 2009

Source: www.timesonline.co.uk

Outcry over plan to give attorney general veto on war crimes warrants – The Guardian

Posted December 17th, 2009 in attorney general, news, veto, war crimes, warrants by sally

“The attorney general will be asked to approve warrants before suspected war criminals can be arrested in future under a plan being negotiated by the Foreign Office in response to the row over attempts to arrest Israel’s former foreign minister.”

Full story

The Guardian, 16th December 2009

Source: www.guardian.co.uk

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted December 17th, 2009 in copyright, damages, enforcement, law reports by sally

Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367

“A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of a three-dimensional object in accordance with a design which was itself copyright. A claim against the helmet-maker for breach of United States copyrights was not justiciable in England because the infringement was essentially a local matter involving local policies and local public interest and was a matter for local judges. There was no international jurisdiction over copyright infringement claims and if one were to be created it should be done by international treaty rather than by the courts themselves.”

WLR Daily, 16th December 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.

Star Wars propmaker wins battle against George Lucas – Daily Telegraph

Posted December 17th, 2009 in copyright, damages, enforcement, news by sally

“A propmaker has won a multi-million pound Appeal Court battle with the makers of Star Wars over the rights to manufacture Stormtrooper helmets.”

Full story

Daily Telegraph, 17th December 2009

Source: www.telegraph.co.uk

Judiciary must speak out on ‘parlous state of family law’ – Law Society’s Gazette

Posted December 17th, 2009 in children, family courts, judiciary, news by sally

“The judiciary must ‘come off the bench’ and speak out about the ‘parlous state of family law in 2009’, lord justice Wall has said.”

Full story

Law Society’s Gazette, 17th December 2009

Source: www.lawgazette.co.uk

Decision on Trafigura’s BBC libel case due today – The Guardian

Posted December 17th, 2009 in defamation, news by sally

“A resolution is expected in the high court today of the libel action brought against the BBC by British-based oil traders Trafigura. A hearing is scheduled before Mr Justice Eady this morning.”

Full story

The Guardian, 17th December 2009

Source: www.guardian.co.uk

Life for rape re-enactment killer – BBC News

Posted December 16th, 2009 in murder, news, rape, sentencing by sally

“A convicted murderer has been jailed for life for raping a woman seven months after he was released from prison on parole.”

Full story

BBC News, 16th December 2009

Source: www.bbc.co.uk

Barry George in newspaper payout over Dando claims – BBC News

Posted December 16th, 2009 in compensation, defamation, news by sally

“Barry George has accepted ‘substantial’ damages over claims he was stalking women and articles suggesting he murdered Jill Dando.”

Full story

BBC News, 16th December 2009

Source: www.bbc.co.uk

Online-only news will be regulated by press watchdog for first time – OUT-LAW.com

Posted December 16th, 2009 in complaints, internet, media, news by sally

“Internet-only publications will face the same regulations as newspapers for the first time under an extension to the powers of newspaper industry self-regulator body the Press Complaints Commission (PCC).”

Full story

OUT-LAW.com, 16th December 2009

Source: www.out-law.com

Human rights committee warning on civil litigation funding curbs – Law Society’s Gazette

Posted December 16th, 2009 in human rights, legal aid, news by sally

“The government must consider evidence that civil court costs rules and funding limitations are preventing people who have suffered human rights abuses at the hands of UK companies from seeking redress, the Joint Committee on Human Rights said today.”

Full story

Law Society’s Gazette, 16th December 2009

Source: www.lawgazette.co.uk

Life term for homophobic murder – BBC News

Posted December 16th, 2009 in homosexuality, murder, news, sentencing by sally

“A man has been jailed for life for murdering one man and attempting to murder his partner in a homophobic attack in south London.”

Full story

BBC News, 16th December 2009

Source: www.bbc.co.uk

Jewish school loses places fight – BBC News

Posted December 16th, 2009 in Judaism, news, race discrimination, school admissions by sally

“The Supreme Court has ruled that a Jewish school in London cannot restrict admission to pupils it considers to be ethnically Jewish.”

Full story

BBC News, 16th December 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 16th, 2009 in law reports by sally

Supreme Court

S-B Children, Re [2009] UKSC 17 (14 December 2009)

Court of Appeal (Civil Division)

Easyjet Airline Co Ltd, R (on the application of) v Civil Aviation Authority [2009] EWCA Civ 1361 (15 December 2009)

Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)

British Telecommunications Plc v The Office of Communications [2009] EWCA Civ 1360 (15 December 2009)

High Court (Chancery Division)

Red River UK Ltd & Anor v Sheikh & Anor [2009] EWHC 3257 (Ch) (24 November 2009)

Walsh v Singh & Anor [2009] EWHC 3219 (Ch) (15 December 2009)

Vision Express (UK) Ltd v Revenue & Customs [2009] EWHC 3245 (Ch) (15 December 2009)

Lehman Brothers International (Europe) v CRC Credit Fund Ltd & Ors [2009] EWHC 3228 (Ch) (15 December 2009)

High Court (Family Division)

R (A Child), Re [2009] EWHC B38 (Fam) (06 November 2009)

High Court (Administrative Court)

Aamer v Secretary of State for Foreign and Commonwealth Affairs [2009] EWHC 3316 (Admin) (15 December 2009)

Baker, R (on the application of) v Bath and North East Somerset Council [2009] EWHC 3320 (Admin) (15 December 2009)

High Court (Commercial Court)

Bank of New York Mellon v GV Films Ltd [2009] EWHC 3315 (Comm) (15 December 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 16th, 2009 in legislation by sally

The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2009

The Control of Salmonella in Turkey Flocks Order 2009

The International Joint Investigation Teams (International Agreement) Order 2009

The Social Security (Housing Costs Special Arrangements) (Amendment) Regulations 2009

The Quality Partnership Schemes (England) (Amendment) Regulations 2009

The Quality Contracts Schemes (Pension Protection) Regulations 2009

The Quality Contracts Schemes (Application of TUPE) Regulations 2009

The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009

The Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009

The Quality Contracts Schemes (QCS Boards) (England) Regulations 2009

The Road Vehicles (Construction and Use)(Amendment)(No.4) Regulations 2009

The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009

The Census (England and Wales) Order 2009

The European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Montenegro) Order 2009

The Misuse of Drugs Act 1971 (Amendment) Order 2009

The Jobseeker’s Allowance (Skills Training Conditionality Pilot) Regulations 2010

The Local Transport Act 2008 (Commencement No. 2 and Transitional Provision) Order 2009

Source: www.opsi.gov.uk

MPs sue CIA to shatter secrecy on Britain’s role in rendition – The Guardian

Posted December 16th, 2009 in disclosure, intelligence services, news, rendition by sally

“A group of MPs is suing the CIA in the American courts in an attempt to force the agency to hand over information about Britain’s secret involvement in its extraordinary rendition programme.”

Full story

The Guardian, 15th December 2009

Source: www.guardian.co.uk

High court bars ‘easyCouncil’ from removing live-in wardens – The Guardian

Posted December 16th, 2009 in elderly, local government, news by sally

“A high court judge today stopped a council from removing 24-hour live-in wardens from sheltered housing in a blow to the Conservative authority’s attempt to remodel itself as ‘easyCouncil’ after the no-frills budget airline easyJet.”

Full story

The Guardian, 15th December 2009

Source: www.guardian.co.uk