Sumption quits race for seat in Supreme Court – The Lawyer
“Brick Court’s Jonathan Sumption QC has withdrawn his application to join the Supreme Court.”
The Lawyer, 9th December 2009
Source: www.thelawyer.com
BAILII: Recent Decisions
Supreme Court
Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13 (09 December 2009)
Horncastle & Ors, R. v [2009] UKSC 14 (09 December 2009)
A, R (on the application of)v B [2009] UKSC 12 (09 December 2009)
Court of Appeal (Civil Division)
Glaister & Ors v Appelby-In-Westmorland Town Council [2009] EWCA Civ 1325 (09 December 2009)
Dadourian Group International Inc & Ors v Simms & Ors [2009] EWCA Civ 1327 (09 December 2009)
Dhami & Anor v Lloyds TSB General Insurance Ltd [2009] EWCA Civ 1326 (09 December 2009)
Court of Appeal (Criminal Division)
IB v R [2009] EWCA Crim 2575 (09 December 2009)
High Court (Commercial Court)
Kazeminy & Ors v Siddiqi & Ors [2009] EWHC 3207 (Comm) (09 December 2009)
High Court (Queen’s Bench Division)
Lord Chancellor v Purnell & Anor [2009] EWHC 3158 (QB) (07 December 2009)
Hughes v Risbridger & Anor [2009] EWHC 3244 (QB) (09 December 2009)
High Court (Technology and Construction Court)
Anglo Swiss Holdings Ltd & Anor v Packman Lucas Ltd [2009] EWHC 3212 (TCC) (09 December 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Traffic Management (London Borough of Hounslow) Permit Scheme Order 2009
The Traffic Management (London Borough of Redbridge) Permit Scheme Order 2009
The Traffic Management (London Borough of Islington) Permit Scheme Order 2009
The Traffic Management (Transport for London) Permit Scheme Order 2009
The Traffic Management (City of Westminster) Permit Scheme Order 2009
The Traffic Management (London Borough of Wandsworth) Permit Scheme Order 2009
The Carbon Accounting (Amendment) Regulations 2009
The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009
The Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) (No.2) Order 2009
The Non-Domestic Rating (Rural Settlements) (England) (Amendment) Order 2009
The Non-Domestic Rating (Stud Farms) (England) Order 2009
The Value Added Tax (Amendment) (No. 5) Regulations 2009
Source: www.opsi.gov.uk
Freedom of information – update on recent FoI cases – Law Society’s Gazette
“The recent controversy over bonuses paid to civil servants employed by the Ministry of Defence highlights the public interest in salaries and bonuses of public sector officials.”
Law Society’s Gazette, 10th December 2009
Source: www.lawgazette.co.uk
Lawyers attack government plans to extend family reporting – Law Society’s Gazette
“Family lawyers have attacked government plans to extend the media’s right to report family cases, warning that they will clog the courts with preliminary hearings and lead to miscarriages of justice.”
Law Society’s Gazette, 10th December 2009
Source: www.lawgazette.co.uk
MPs lobby to exclude solicitors from asbestos compensation scheme – Law Society’s Gazette
“MPs are lobbying prime minister Gordon Brown to exclude solicitors from any government-run scheme to compensate workers for asbestos-related pleural plaques.”
Law Society’s Gazette, 10th December 2009
Source: www.lawgazette.co.uk
New ombudsman scheme for legal complaints – Ministry of Justice
“The Office for Legal Complaints has announced further moves to set up a new ombudsman scheme that will investigate and resolve complaints by consumers of legal services.”
Ministry of Justice, 9th December 2009
Source: www.justice.gov.uk
Regina v Horncastle and Another; Regina v Marquis and Another – Times Law Reports
Regina v Horncastle and Another; Regina v Marquis and Another
Supreme Court
“A defendant’s right to a fair trial guaranteed by article 6 of the European Convention on Human Rights would not be violated where his conviction was based solely or to a decisive extent on the statement of an absent witness, provided that the provisions of the Criminal Justice Act 2003 were observed.”
The Times, 10th December 2009
Source: www.timesonline.co.uk
Ex-BBC presenter Ashley Blake refused leave to appeal – BBC News
“A former BBC TV presenter who was jailed for two years for hitting a teenager with a pole has been told he cannot appeal against his sentence.”
BBC News, 9th December 2009
Source: www.bbc.co.uk
Improving and clarifying the law on conspiracy and attempts to commit crimes – Law Commission
“On 10 December 2009 we published our report on Conspiracy and Attempts. This report makes recommendations to reform the law governing the criminal liability of those who agree, or attempt, to commit offences.”
Law Commission, 10th December 2009
Source: www.lawcom.gov.uk
Call to change ‘criminal conspiracy’ law – BBC News
“Senior lawyers say the law in England and Wales should be changed to make it easier to prove criminal conspiracy. The Law Commission says criminals can currently escape prosecution for conspiracy by claiming they did not know what they were doing was illegal.”
BBC News, 10th December 2009
Source: www.bbc.co.uk
Using intercept evidence in court ‘not yet viable’ – BBC News
“The use of intercept evidence in criminal trials is not yet ‘legally or practically viable’, the independent reviewer of terror laws has said.”
BBC News, 10th December 2009
Source: www.bbc.co.uk
Former MI5 man loses supreme court case in memoirs fight – The Guardian
“Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.”
The Guardian, 9th December 2009
Source: www.guardian.co.uk
Government-ordered review to call for sport to unite in corruption war – The Guardian
“A review launched by the government in the wake of high-profile match-fixing allegations is set to recommend the creation of a single unit dedicated to investigating corruption in sports betting.”
The Guardian, 10th December 2009
Source: www.guardian.co.uk
Scientists urge reform of ‘lethal’ libel law – The Times
“England’s draconian libel laws pose a danger to public health because they are interfering with the research published by medical journals, senior editors and scientists said.”
The Times, 10th December 2009
Source: www.timesonline.co.uk
Bath Spa: Council paid £4m compensation for delay – BBC News
“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”
BBC News, 9th December 2009
Source: www.bbc.co.uk
R (A) v Director of Establishments of the Security Service – WLR Daily
R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356
“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”
WLR Daily, 9th 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.
Judges block horse injury claim – BBC News
“A County Durham man left with brain damage after being kicked by a horse at a Cumbrian fair, has been blocked from claiming compensation.”
BBC News, 9th December 2009
Source: www.bbc.co.uk
Firm fined after chemical explosion closed motorways – BBC News
“An international waste management company has been fined £150,000 after a major chemical fire closed two motorways in Lancashire.”
BBC News, 9th December 2009
Source: www.bbc.co.uk
Coroner criticises MoD over fatal helicopter crash – The Independent
“A coroner today criticised the Ministry of Defence for failing to adequately maintain a helicopter which crashed and caught fire in Iraq, claiming the lives of two SAS soldiers.”
The Independent, 9th December 2009
Source: www.independent.co.uk
