BAILII: Recent Decisions

Posted January 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly & Company Ltd [2009] EWCA Civ 1362 (18 December 2009)

BP Shipping Ltd v Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership [2009] EWCA Civ 1407 (21 December 2009)

O M (Children) v Local Authority & Ors [2009] EWCA Civ 1405 (21 December 2009)

Wild v Secretary of State for Environment, Food and Rural Affairs & Anor [2009] EWCA Civ 1406 (21 December 2009)

Hammonds (A Firm) v Jones [2009] EWCA Civ 1400 (21 December 2009)

Parkinson Engineering Services Plc v Swan & Anor [2009] EWCA Civ 1366 (21 December 2009)

Lewis, R (on the application of) v HM Coroner for the Mid & North Division of the County of Shropshire & Anor [2009] EWCA Civ 1403 (21 December 2009)

Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) [2009] EWCA Civ 1404 (21 December 2009)

Court of Appeal (Criminal Division)

Marsh, R v [2009] EWCA Crim 2696 (21 December 2009)

Monaghan & Ors v R. [2009] EWCA Crim 2699 (21 December 2009)

Reed & Anor, R v [2009] EWCA Crim 2698 (21 December 2009)

Norris, R v [2009] EWCA Crim 2697 (21 December 2009)

High Court (Chancery Division)

Ross & Anor v HM Revenue & Customs [2010] EWHC 13 (Ch) (12 January 2010)

High Court (Commercial Court)

Dalwood Marine Co v Nordana Line A/S [2009] EWHC 3394 (Comm) (21 December 2009)

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2009] EWHC 3314 (Comm) (21 December 2009)

High Court (Family Division)

Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)

High Court (Technology and Construction Court)

European Dynamics SA v HM Treasury [2009] EWHC 3419 (TCC) (23 December 2009)

Crowley (t/a Crowley Civil Engineers v Rushmoor Borough Council [2010] EWHC 2237 (TCC) (10 January 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 13th, 2010 in legislation by sally

The Pensions Act 2008 (Commencement No. 5) Order 2010

The National Employment Savings Trust Corporation Naming and Financial Year Order 2010

The Employers’ Duties (Implementation) Regulations 2010

The Employers’ Duties (Registration and Compliance) Regulations 2010

The Transfer Values (Disapplication) Regulations 2010

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2010

The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2010

The National Employment Savings Trust (Consequential Provisions) Order 2010

The Health and Social Care Act 2008 (Commencement No. 14) Order 2010

The Social Security (Contributions Credits for Parents and Carers) Regulations 2010

The Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2010

The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010

The Transfer of Tribunal Functions Order 2010

The Banking Act 2009 (Exclusion of Insurers) Order 2010

Source: www.opsi.gov.uk

Government confirms £500,000 fines for worst data protection offenders – OUT-LAW.com

Posted January 13th, 2010 in data protection, fines, news by sally

“Organisations responsible for major breaches of personal information security will face fines up to £500,000 from 6th April this year. The long-awaited penalties for serious data protection breaches have been approved by the Government.”

Full story

OUT-LAW.com, 12th January 2010

Source: www.out-law.com

Government to consult on punishments for breaking online air fare rules – OUT-LAW.com

Posted January 13th, 2010 in airlines, consultations, consumer protection, news, penalties by sally

“The Government will consult within weeks on new penalties for airlines that employ hidden charges to mislead consumers. The action will close a loophole by which airlines can avoid penalties for breaking the law.”

Full story

OUT-LAW.com, 11th January 2010

Source: www.out-law.com

Man sentenced for poisoning curry with slug pellets – BBC News

Posted January 13th, 2010 in food, news, poisoning, sentencing by sally

“A man from Manchester who tried to poison his neighbours by lacing a curry with slug pellets has been given a suspended prison sentence.”

Full story

BBC News, 12th January 2010

Source: www.bbc.co.uk

Comedian Jimmy Carr guilty of speeding in Suffolk – BBC News

Posted January 13th, 2010 in news, road traffic offences by sally

“Comic Jimmy Carr has been convicted of speeding for driving at 10mph over the limit through a village in Suffolk.”

Full story

BBC News, 12th January 2010

Source: www.bbc.co.uk

Kent police admit unlawful stop and search of twins, 11 – BBC News

Posted January 13th, 2010 in children, news, police, stop and search by sally

“The stop and search of 11-year-old twins at the Kingsnorth Climate Camp was unlawful, Kent police have admitted at London’s High Court.”

Full story

BBC News, 12th January 2010

Source: www.bbc.co.uk

Council launches legal bid to abolish sheltered housing wardens – Daily Telegraph

Posted January 13th, 2010 in care homes, elderly, judicial review, news by sally

“Council officials are attempting to force through plans to abolish round-the-clock wardens in housing for vulnerable elderly people despite the worst winter in decades.”

Full story

Daily Telegraph, 13th January 2010

Source: www.telegraph.co.uk

MoD ‘pays more in compensation to chicken farmer than injured soldier’ – Daily Telegraph

Posted January 13th, 2010 in armed forces, compensation, news, personal injuries by sally

“The Ministry of Defence has been condemned amid claims it paid less compensation to an injured soldier than to a farmer whose chickens were disturbed by RAF jets.”

Full story

Daily Telegraph, 12th January 2010

Source: www.telegraph.co.uk

Heinz baby product ad banned over misleading claims – The Guardian

Posted January 13th, 2010 in advertising, food, news by sally

“A TV ad campaign for Heinz baby products that made misleading claims about their health benefits has been banned by the advertising  watchdog.”

Full story

The Guardian, 13th January 2010

Source: www.guardian.co.uk

Medal cheat Roger Day aimed to be a hero for his younger wife – The Times

Posted January 13th, 2010 in commemorations, news by sally

“A bogus war hero who was exposed when he wore an ‘impossible’ array of medals at a Remembrance Day parade has been sentenced to 60 hours’ community service.”

Full story

The Times, 13th January 2010

Source: www.timesonline.co.uk

Andy Burnham backs Bill to stop children using sunbeds at tanning salons – The Times

Posted January 13th, 2010 in news by sally

“A campaign to prevent tanning salons allowing children to use sunbeds will win government support today as ministers try to curb rising rates of skin cancer.”

Full story

The Times, 13th January 2010

Source: www.timesonline.co.uk

Peaches Geldof wins damages over prostitute claims – BBC News

Posted January 12th, 2010 in damages, defamation, media, news by sally

“Peaches Geldof, daughter of Bob Geldof, has accepted substantial, undisclosed libel damages over a newspaper claim that she had worked as a prostitute.”

Full story

BBC News, 12th January 2010

Source: www.bbc.co.uk

Half a million pound fines for serious breaches of data protection – Ministry of Justice

Posted January 12th, 2010 in data protection, fines, news, penalties by sally

“The Information Commissioner will soon be able to impose a penalty of up to £500,000 on data controllers who seriously contravene data protection principles.”

Full story

Ministry of Justice, 12th January 2010

Source: www.justice.gov.uk

Stop-and-search powers ruled illegal by European court – BBC News

Posted January 12th, 2010 in human rights, news, police, stop and search, terrorism by sally

“Police powers to use terror laws to stop and search people without grounds for suspicion are illegal, the European Court of Human Rights has ruled.”

Full story

BBC News, 12th Janaury 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 12th, 2010 in law reports by sally

High Court (Administrative Court)

Gray v Secretary of State for Justice & Anor [2010] EWHC 2 (Admin) (11 January 2010)

British Gurkha Welfare Society & Ors v Ministry of Defence [2010] EWHC 3 (Admin) (11 January 2010)

High Court (Technology and Construction Court)

RWE Npower Plc v Alstom Power Ltd [2009] EWHC B40 (TCC) (23 December 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 12th, 2010 in legislation by sally

The Motor Vehicles (International Circulation) (Amendment) Order 2010

The Pension Protection Fund (Pension Compensation Cap) Order 2010

The Occupational Pension Schemes (Levy Ceiling) Order 2010

The Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010

The Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2010

Source: www.opsi.gov.uk

Lotteries: Repeals Consultation – Law Commission

Posted January 12th, 2010 in consultations, gambling, Law Commission, legislation, repeals by sally

“In our consultation paper we propose the repeal of some seven obsolete statutory provisions which relate to the holding of different forms of lottery.”

Full story

Law Commission, 12th January 2010

Source: www.lawcom.gov.uk

Regina v Gilham – Times Law Reports

Posted January 12th, 2010 in law reports by sally

Regina v Gilham

Court of Appeal

“Images on the screen constituted sufficient evidence of data copied on to the random access memory of a computer, being used for playing counterfeit games, to establish a breach of copyright offence.”

The Times, 12th January 2010

Source: www.timesonline.co.uk

Cavel USA Inc and Another v Seaton Insurance Co and Another – Times Law Reports

Posted January 12th, 2010 in law reports by sally

Cavel USA Inc and Another v Seaton Insurance Co and Another

Court of Appeal

“The concept of ‘fraud’ in an English commercial law context in a case having an international flavour, was not confined to deceit flowing from fraudulent misrepresentation; it had a much wider application and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

The Times, 12th January 2010

Source: www.timesonline.co.uk