BAILII: Recent Decisions

Posted March 6th, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Lediaev v Vallen [2009] EWCA Civ 156 (05 March 2009)

High Court (Administrative Court)

Stanley v Secretary of State for Communities & Local Government & Ors [2009] EWHC 404 (Admin) (04 March 2009)

Von Der Pahlen v Leoben High Court, Austria [2009] EWHC 383 (Admin) (04 March 2009)

Capel Parish Council v Surrey County Council [2009] EWHC 350 (Admin) (05 March 2009)

Helford Village Development Company Ltd, R (on the application of) v Kerrier District Council [2009] EWHC 400 (Admin) (05 March 2009)

High Court (Patents Court)

AT&T Knowledge Ventures LP, Re [2009] EWHC 343 (Pat) (03 March 2009)

High Court (Queen’s Bench Division)

Stanton v Collinson [2009] EWHC 342 (QB) (02 March 2009)

Prince Radu of Hohenzollern v Houston & Anor [2009] EWHC 398 (QB) (04 March 2009)

Flood v Times Newspapers Ltd & Ors [2009] EWHC 411 (QB) (05 March 2009)

Porter v Zurich Insurance Company [2009] EWHC 376 (QB) (05 March 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 6th, 2009 in legislation by sally

The Education and Skills Act 2008 (Commencement No. 2 and Savings) Order 2009

The Finance Act 2008, Schedule 37 (Appointed Day) Order 2009

The Finance Act 2008, Schedule 39 (Appointed Day, Transitional Provision and Savings) Order 2009

The Finance Act 2008, Schedule 36 (Appointed Day and Savings) Order 2009

The Finance Act 2008, Section 119 (Appointed Day) Order 2009

The Housing and Regeneration Act 2008 (Commencement No. 1 and Saving Provisions) Order 2009

The Medicines (Products for Human Use) (Fees) Regulations 2009

The Criminal Defence Service (Information Requests) Regulations 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 3) 2009

The National Health Service (Dental Charges) Amendment Regulations 2009

The Parole Board (Amendment) Rules 2009

The National Health Service (Amendments Relating to Optical Charges and Payments) Regulations 2009

The Care Quality Commission (Additional Functions) Regulations 2009

The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009

Source: www.opsi.gov.uk

Regina (Ahmad) v Newham London Borough Council – Times Law Reports

Posted March 6th, 2009 in housing, judicial review, law reports by sally

Regina (Ahmad) v Newham London Borough Council

House of Lords

“A scheme for the allocation of council housing which placed all applicants with priority needs, save for a few extreme cases, into one group and allocated any available property to the applicant who had been on the waiting list for the longest period was neither unlawful nor irrational.”

The Times, 6th March 2009

Source: www.timesonline.co.uk

 Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Deaf student launches discrimination action against law school – Law Society’s Gazette

Posted March 6th, 2009 in disability discrimination, legal education, news by sally

“A deaf would-be law student has begun proceedings against a London law school, alleging disability discrimination on the grounds of ‘unfavourable treatment’ and failure to make ‘reasonable adjustments’.”

Full story

Law Society’s Gazette. 5th March 2009

Source: www.lawgazette.co.uk

Unpublished research confirms bar earnings divide – Law Society’s Gazette

Posted March 6th, 2009 in barristers, news, remuneration by sally

“Widely held suspicions that white male barristers earn far more than their female and ethnic-minority colleagues have been confirmed by unpublished research commissioned by the Bar Council.”

Full story

Law Gazette’s Gazette, 5th March 2009

Source: www.lawgazette.co.uk

Airtime reseller had no duty to sue O2, rules High Court – OUT-LAW.com

Posted March 6th, 2009 in contracts, fiduciary duty, interpretation, news, telecommunications by sally

“A mobile phone airtime reseller did not have a legal duty to take network O2 to court on behalf of a company which had sold it its subscriber base, the High Court has said. The Court said the claim was based on a mistaken interpretation of a contract.”

Full story

OUT-LAW.com, 4th March 2009

Source: www.out-law.com

OFT launches competition inquiry on the buses – The Times

Posted March 6th, 2009 in competition, news, transport by sally

“The Office of Fair Trading (OFT) began an investigation into local bus services yesterday. The regulator said that the inquiry had been prompted by increasing concentration in the sector, which, after a number of takeovers, had left nearly two thirds of services controlled by only five large operators: Arriva, Go-Ahead, Stagecoach, FirstGroup and National Express.”

Full story 

The Times, 6th March 2009

Source: www.timesonline.co.uk

Foreign drivers face £900 roadside fines to halt rise in crashes – The Times

Posted March 6th, 2009 in fines, news, road traffic offences by sally

“Foreign drivers will have to pay on-the-spot fines of up to £900 for flouting traffic laws under new legislation to be introduced next month.”

Full story

The Times, 6th March 2009

Source: www.timesonline.co.uk

Love rival killing youth jailed – BBC News

Posted March 6th, 2009 in murder, news, sentencing, young offenders by sally

“A 17-year-old has been jailed for life for stabbing to death a man he believed to be a love rival.”

Full story 

BBC News, 5th March 2009

Source: www.bbc.co.uk

Youth guilty of gay man’s killing – BBC News

Posted March 6th, 2009 in homicide, homosexuality, news by sally

“A teenager who killed a gay man after hurling homophobic abuse at him, has been detained for more than two years in a young offenders’ institution.”

Full story 

BBC News, 5th March 2009

Source: www.bbc.co.uk

Man awarded £90,000 after suicide attempt – The Independent

Posted March 6th, 2009 in hospitals, news, personal injuries by sally

“A man who tried to kill himself has successfully sued the hospital which saved his life for £90,000 damages.”

Full story

The Independent, 6th March 2009

Source: www.independent.co.uk

BA crucifix worker takes case to Court of Appeal – Daily Telegraph

Posted March 6th, 2009 in employment, news, religious discrimination by sally

“British Airways check-in employee Nadia Eweida who was banned from wearing a Christian cross at work is to take her case to the Court of Appeal.”

Full story

Daily Telegraph, 6th March 2009

Source: www.telegraph.co.uk

Courtroom shortages causing long trial delays, report warns – The Guardian

Posted March 6th, 2009 in criminal justice, delay, news by sally

“A shortage of courtrooms mean victims and witnesses face long delays in criminal trials, the government’s spending watchdog has warned.”

Full story

The Guardian, 6th March 2009

Source: www.guardian.co.uk

Firms bought secret personal data on staff – privacy chief – The Guardian

Posted March 6th, 2009 in data protection, news, privacy by sally

“More than 40 major British companies face legal action for allegedly buying secret personal data about thousands of workers they wanted to vet before employing them.”

Full story

The Guardian, 6th March 2009

Source: www.guardian.co.uk

Jailed bogus aristocrat Hugh Rodley investigated for other frauds – The Times

Posted March 6th, 2009 in conspiracy, news, theft by sally

“A bogus aristocrat jailed for eight years yesterday for his leading role in the world’s biggest attempted theft is also being investigated for other massive frauds.”

Full story 

The Times, 6th March 2009

Source: www.timesonline.co.uk

Women and children ‘at risk as family courts reach breaking point’ – The Times

Posted March 6th, 2009 in family courts, news by sally

“The family courts system is at ‘breaking point’ and thousands of vulnerable women and children at risk of abuse are going without legal help, according to a report.”

Full story 

The Times, 6th March 2009

Source: www.timesonline.co.uk

Harry Potter actor’s killer sentenced to life in prison – The Guardian

Posted March 5th, 2009 in murder, news, sentencing by sally

“Karl Bishop, who stabbed to death the Harry Potter actor Rob Knox, was today sentenced at the Old Bailey to life in prison.”

Full story

The Guardian, 5th March 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 5th, 2009 in law reports by sally

High Court (Administrative Court)

Stanley v Secretary of State for Communities & Local Government & Ors [2009] EWHC 404 (Admin) (04 March 2009)

Von Der Pahlen v Leoben High Court, Austria [2009] EWHC 383 (Admin) (04 March 2009)  

High Court (Patents Court)

AT&T Knowledge Ventures LP, Re [2009] EWHC 343 (Pat) (03 March 2009)

High Court (Queen’s Bench Division)

Stanton v Collinson [2009] EWHC 342 (QB) (02 March 2009)

Prince Radu of Hohenzollern v Houston & Anor [2009] EWHC 398 (QB) (04 March 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 5th, 2009 in legislation by sally

The Housing and Regeneration Act 2008 (Commencement No. 3) Order 2009

The Planning and Compulsory Purchase Act 2004 (Commencement No.11) Order 2009

The Planning Act 2008 (Commencement No. 1 and Savings) Order 2009

The Pensions Act 2007 (Commencement No.3) Order 2009

The Bank Administration (Scotland) Rules 2009

The Bank Insolvency (Scotland) Rules 2009

The Bank Insolvency (England and Wales) Rules 2009

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2009

The Postgraduate Medical Education and Training Board (Fees) Rules Order 2009

The Companies (Shares and Share Capital) Order 2009

The Child Support (Miscellaneous Amendments) Regulations 2009

The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

 

Essex Trading Standards v Singh – WLR Daily

Posted March 5th, 2009 in law reports, trade marks by sally

Essex Trading Standards v Singh; [2009] WLR (D) 81

“In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the court to conclude on the facts that the defendant had acted in the honest belief that the use of the signs was not an infringement of the registered trade marks; it was also necessary to find that he had reasonable grounds for so believing.”

WLR Daily, 4th March 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.