BAILII: Recent Decisions
Court of Appeal (Civil Division)
McDonnell & Anor v Walker [2009] EWCA Civ 1257 (24 November 2009)
High Court (Commercial Court)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009
The Taxes, etc. (Fees for Payment by Telephone) Regulations 2009
The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009
The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009
The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2009
The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009
The District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order 2009
The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2009
The Double Taxation Relief and International Tax Enforcement (Qatar) Order 2009
The Double Taxation Relief and International Tax Enforcement (Libya) Order 2009
The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2009
Source: www.opsi.gov.uk
Ban intercept evidence in terror trials, advises Lord Carlile – The Guardian
“Intercept evidence should not be allowed into British terror trials, the government’s terrorism reviewer said today.”
The Guardian, 24th November 2009
Source: www.guardian.co.uk
Thomas v Director of Public Prosecutions – Times Law Reports
Thomas v Director of Public Prosecutions
Queen’s Bench Divisional Court
“Vulnerable homeless persons in rooms in local authority hostels with a licence to occupy for a day a bedroom with a lock, were as entitled to the protection of the law as anyone else and could exclude trespassers.”
The Times, 25th November 2009
Source: www.timesonline.co.uk
Regina v S(K) – Times Law Reports
Court of Appeal (Criminal Division)
“A judge should not continue to try a case alone after discharging the jury because of jury tampering where an informed objective bystander might legitimately conclude that there was a real possibility of bias by the judge.”
The Times, 25th November 2009
Source: www.timesonline.co.uk
Victims turned away because of legal aid squeeze – The Times
“Dozens of law firms are having to turn away vulnerable clients, including victims of domestic violence, because they have exhausted this year’s legal aid budgets.”
The Times, 24th November 2009
Source: www.timesonline.co.uk
Bank charges ruling expected – The Guardian
“Millions of current account customers could come a step closer to reclaiming ‘unfair’ charges they paid on unauthorised overdrafts today when the supreme court hands down a long-awaited appeal ruling.”
The Guardian, 25th November 2009
Source: www.guardian.co.uk
Straight couple in legal challenge to form a civil partnership – The Times
“A straight couple who want to become the first hetrosexuals in Britain to form a civil partnership will launch a legal challenge after a council refused their request.”
The Times, 25th November 2009
Source: www.timesonline.co.uk
Why are payouts so unfair? – The Guardian
“The £100,000 compensation awarded to the family of Jean Charles de Menezes pales beside the £4m being claimed in a current sexual harrassment case. Why the huge difference?”
The Guardian, 25th November 2009
Source: www.guardian.co.uk
Children and family court service facing ‘strain’ – BBC News
“The body protecting children in family courts is going through unprecedented strain, a union has warned.”
BBC News, 24th November 2009
Source: www.bbc.co.uk
‘Cruel, illegal, immoral’: Human Rights Watch condemns UK’s role in torture – The Guardian
“The attorney general was under intense pressure tonight to order a wider series of police investigations into British complicity in torture after one of the world’s leading human rights organisations said there was clear evidence of the UK government’s involvement in the torture of its own citizens.”
The Guardian, 24th November 2009
Source: www.guardian.co.uk
Epileptic mother wins £4m damages after fit in hospital birth – Daily Telegraph
“An epileptic mother-to-be and her unborn baby, both of whom almost drowned when she suffered a fit whilst unattended in a hospital bath, have won more than £4 million in High Court damages.”
Daily Telegraph, 25th November 2009
Source: www.telegraph.co.uk
Taser arrest man plans legal move – BBC News
“A man who claims he was repeatedly shot with a Taser during his arrest in Nottingham intends to sue the police, the BBC understands.”
BBC News, 24th November 2009
Source: www.bbc.co.uk
Watchdog Lord Carlile attacks Gordon Brown comment on April 2009 raid – The Times
“The Prime Minister has been criticised by his independent reviewer of terrorism legislation for comments he made about an anti-terrorist raid.”
The Times, 25th November 2009
Source: www.timesonline.co.uk
Constitutional change and the future of parliamentary democracy – Ministry of Justice
“An abridged version of a lecture given by Jack Straw at Brunel University’s Magna Carta Institute on Monday 23 November 2009.”
Ministry of Justice, 24th November 2009
Source: www.justice.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Pacan & Ors, R. v [2009] EWCA Crim 2436 (16 October 2009)
Court of Appeal (Civil Division)
Transview Properties Ltd v City Site Properties Ltd [2009] EWCA Civ 1255 (24 November 2009)
Widlake v BAA Ltd [2009] EWCA Civ 1256 (23 November 2009)
High Court (Queen’s Bench Division)
The Lord Chancellor v Michael J Reed Ltd [2009] EWHC 2981 (QB) (23 November 2009)
High Court (Administrative Court)
Stratford On Avon District Council v Dyde [2009] EWHC 3011 (Admin) (04 November 2009)
Goldsmith v Director of Public Prosecutions [2009] EWHC 3010 (Admin) (04 November 2009)
Bhatti & Ors v Croydon Magistrates Court & Ors [2009] EWHC 3004 (Admin) (06 November 2009)
High Court (Commercial Court)
SK Shipping (S) Pte Ltd v Petroexport Ltd [2009] EWHC 2974 (Comm) (24 November 2009)
Source: www.bailii.org
Rights and Responsibilities: civic duty and the rule of law – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Rights and Responsibilities: civic duty and the rule of law (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Denning Lecture, 23 November 2009
Source: www.judiciary.gov.uk
Brittain v N (Aliane and Sear, Third Parties) – WLR Daily
B v N (A and S, Third Parties) [2009] EWHC 2884 (Admin); [2009] WLR (D) 340
“The court’s power under s 80(4) of the Criminal Justice Act 1988 (now repealed) to order ‘any person having possession of realisable property’ to give possession to a receiver did not empower the court to make such an order against tenants protected by contract and/or statute whose interests had not been determine by a court order.”
WLR Daily, 23rd November 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.
