BAILII: Recent Decisions

Posted December 3rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Earlrose Golf and Leisure Ltd & Anor v Fair Acre Investments Ltd [2009] EWCA Civ 1295 (03 December 2009)

Court of Appeal (Criminal Division)

Ralphs, R v [2009] EWCA Crim 2555 (03 December 2009)

Bevens, R v [2009] EWCA Crim 2554 (03 December 2009)

Hussain v R. [2009] EWCA Crim 2556 (03 December 2009)

Gian & Anor v Crown Prosecution Service [2009] EWCA Crim 2553 (03 December 2009)

High Court (Chancery Division)

Shanks v Unilever Plc & Ors [2009] EWHC 3164 (Ch) (03 December 2009)

High Court (Commercial Court)

AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm) (03 December 2009)

BP Exploration Operating Company Ltd v Dolphin Drilling Ltd [2009] EWHC 3119 (Comm) (03 December 2009)

High Court (Family Division)

De L v H [2009] EWHC 3074 (Fam) (03 December 2009)

Source: www.bailii.org

Secretary of State for the Environment, Food and Rural Affairs v Meier and Others – Times Law Reports

Posted December 3rd, 2009 in law reports by sally

Secretary of State for the Environment, Food and Rural Affairs v Meier and Others

Supreme Court

“Where travellers were in trespassing occupation of part of a wood owned by the Secretary of State for the Environment, Food and Rural Affairs and threatened, if moved, to go to some other wood owned by him, he was entitled to an injunction to restrain such trespass, but not to an order for possession in respect of those other woods.”

The Times, 3rd December 2009

Source: www.timesonline.co.uk

Bee and Another v Thompson – Times Law Reports

Posted December 3rd, 2009 in law reports by sally

Bee and Another v Thompson

Court of Appeal

“A right of way for agricultural purposes reserved only under a testamentary disposition of two properties by the testatrix, who had owned those two properties, did not impliedly reserve a right to increase the use for residential purposes without the agreement of all parties.”

The Times, 3rd December 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted December 3rd, 2009 in legislation by sally

The Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) Order 2009

The Derelict Land Clearance Area (Drake Gardens, Tavistock) Order 2009

The Care Quality Commission (Registration) Regulations 2009

The Student Fees (Amounts) (England) (Amendment) Regulations 2009

The Civil Jurisdiction and Judgments Regulations 2009

The Offshore Funds (Tax) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Jack Straw: criminals cannot hide from the consequences of their crimes – Ministry of Justice

Posted December 3rd, 2009 in press releases, sentencing by sally

“People are to be given more and better information about the punishments given to criminals in their area, Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 3rd December 2009

Source: www.justice.gov.uk

Local communities to be informed of sentences – Home Office

Posted December 3rd, 2009 in press releases, sentencing by sally

“Justice Secretary Jack Straw announced today that people are to be given more and better information about the punishments given to criminals in their area.”

Full story

Home Office, 3rd December 2009

Source: www.homeoffice.gov.uk

New plans for smarter working to help police fight crime and tackle antisocial behaviour – Home Office

Posted December 3rd, 2009 in news, police by sally

“The Home Secretary has launched a new programme of measures to help the police work smarter to fight crime, tackle anti-social behaviour and further increase public confidence.”

Full press release

Home Office, 2nd December 2009

Source: www.homeoffice.gov.uk

High Court orders disclosure of Wikipedia user’s IP address in blackmail case – OUT-LAW.com

Posted December 3rd, 2009 in blackmail, disclosure, internet, news by sally

“The High Court has ordered the publishers of the Wikipedia user-generated encyclopaedia to reveal information which could identify a contributor in a blackmail case involving an unnamed famous businesswoman.”

Full story

OUT-LAW.com, 3rd December 2009

Source: www.out-law.com

“Very Important Information for Barristers: Changes to Rules Governing Practising Certificates and Administration of Oaths” – The Bar Council

Posted December 3rd, 2009 in barristers, oaths, press releases by sally

“Barristers should note that Section 14 of the LSA 2007 provides that any person who undertakes a reserved legal activity, such as exercising a right of audience, without being entitled to do so will be committing a criminal offence. This will come into force on 1 January 2010. A barrister is not authorised to carry out reserved legal activities unless he/she has in force a certificate issued by the Bar Council authorising him or her to do so.”

Full press release

The Bar Council, 3rd December 2009

Source: www.barcouncil.org.uk

Legal and Campaigning Organisations Call for Justice to be put Centre Stage in General Election Campaign – The Bar Council

Posted December 3rd, 2009 in press releases by sally

“A broad and influential coalition of eight leading legal and campaigning organisations has today called on politicians to put justice centre stage in the forthcoming General Election campaign.”

Full story

The Bar Council, 3rd December 2009

Source: www.barcouncil.org.uk

Deal Over Complex Terror and Murder Trials Undermined by Government’s Eleventh Hour Change in Proposals – The Bar Council

Posted December 3rd, 2009 in legal aid, murder, press releases, terrorism, trials by sally

“A deal to ensure proper funding for representation in the most complex criminal trials has today been threatened by a last-minute change of heart by the Government, the Bar said today.”

Full press release

The Bar Council, 2nd December 2009

Source: www.barcouncil.org.uk

Benefit cheat must repay £92,000 – BBC News

Posted December 3rd, 2009 in benefits, fraud, news by sally

“A man who fraudulently claimed more than £92,000 in benefits for his mother in Bangladesh has been told to repay the cash or spend longer in prison.”

Full story

BBC News, 2nd December 2009

Source: www.bbc.co.uk

Lie detector expert sentenced for speeding fib – The Guardian

Posted December 3rd, 2009 in lie detectors, news, perverting the course of justice, sentencing by sally

“Polygraph expert whose skills helped Jeremy Kyle and Jerry Springer found guilty of perverting the course of justice.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Woman told to repay £5 of fraud – BBC News

Posted December 3rd, 2009 in compensation, fraud, news, sentencing by sally

“A woman who stole £41,000 from her 95-year-old war hero great-uncle has been ordered to pay back just £5.”

Full story

BBC News, 2nd December 2009

Source: www.bbc.co.uk

Plant driver guilty of skip death – BBC News

Posted December 3rd, 2009 in health & safety, homicide, negligence, news by sally

“A heavy plant operator has been found guilty of killing a young bricklayer in a building site accident in Plymouth.”

Full story

BBC News, 2nd December 2009

Source: www.bbc.co.uk

Couple’s son, 2, taken into care by social workers after they ‘refused to feed him junk food’ – Daily Telegraph

Posted December 3rd, 2009 in children, news, social services by sally

“A two year-old boy was taken away by social services and put into foster care after his parents, Paul and Lisa Hessey, refused to follow doctors’ orders and feed him junk food, they have claimed.”

Full story

Daily Telegraph, 3rd December 2009

Source: www.telegraph.co.uk

OFT faces new legal fight as builders line up to challenge their fines for bid-rigging – The Times

Posted December 3rd, 2009 in news by sally

“The Office of Fair Trading (OFT) is facing another costly legal battle after 25 construction companies contested penalties imposed by the competition regulator for illegally inflating bids for building tenders.”

Full story

The Times, 3rd December 2009

Source: www.timesonline.co.uk

The war on legal aid: are lawyers starting to win the battle? – The Times

Posted December 3rd, 2009 in news by sally

“Has the balance of power shifted in the legal aid war? Until now, the legal profession has seemed up against it in the fight to resist damaging cuts in the £2 billion legal aid scheme.”

Full story

The Times, 2nd December 2009

Source: www.timesonline.co.uk

Government delay forces rail passengers to wait for better compensation rights – Daily Telegraph

Posted December 3rd, 2009 in compensation, consumer protection, EC law, railways by sally

“Millions of British rail passengers will be denied the right to claim a cash refund if their train is late because of the Government’s refusal to implement new EU consumer protection laws.”

Full story

Daily Telegraph, 3rd December 2009

Source: www.telegraph.co.uk

Police ‘misusing terror powers to stop tourists taking photos’ – Daily Telegraph

Posted December 3rd, 2009 in news, photography, police, terrorism by sally

“Police are misusing their terror powers to stop innocent photographers taking pictures of tourist attractions and even a chip shop, according to the government’s anti-terror adviser.”

Full story

Daily Telegraph, 3rd December 2009

Source: www.telegraph.co.uk