BAILII: Recent Decisions

Posted October 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Guyett & Anor v R [2009] EWCA Crim 1943 (08 October 2009)

Electric Gate Services Ltd, R v [2009] EWCA Crim 1942 (08 October 2009)

High Court (Chancery Division)

Courtman v Ludlam & Anor [2009] EWHC 2067 (Ch) (06 August 2009)

Source: www.bailii.org

Elections for the 2010 Bar Council – The Bar Council

Posted October 9th, 2009 in barristers, news by sally

“Nominations for election to the 2010 Bar Council are now open. All practitioners, both employed and self-employed, are encouraged to consider standing for election. If you are interested in putting your name forward, please complete the attached form and send it to the Executive Assistant to the Chairman by 5pm on Wednesday 21 October.”

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The Bar Council, 8th October 2009

Source: www.barcouncil.org.uk

Regina v Wilkinson; Regina v Ali and Others; Regina v Olawaiye and Others; Regina v Bennett; Attorney-General’s Reference No 43 of 2009 – Times Law Reports

Posted October 9th, 2009 in law reports by sally

Regina v Wilkinson; Regina v Ali and Others; Regina v Olawaiye and Others; Regina v Bennett; Attorney-General’s Reference No 43 of 2009

Court of Appeal (Criminal Division)

“Deterrent and punitive sentences should be imposed on those involved in the large scale importation and/or manufacture, sale and distribution of guns and, as well as very lengthy determinate sentences, indeterminate sentences should also be considered.”

The Times, 9th October 2009

Source: www.timesonline.co.uk

PCSOs disciplined at ‘twice the rate of ordinary police’ – Daily Telegraph

Posted October 9th, 2009 in disciplinary procedures, news, police by sally

“Police Community Support Officers are disciplined at twice the rate of rank-and-file police, new figures show.”

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Daily Telegraph, 9th October 2009

Source: www.telegraph.co.uk

Sharon Shoesmith was told of failings, court hears – The Guardian

Posted October 9th, 2009 in child abuse, judicial review, news, social services by sally

“Sharon Shoesmith, the former head of children’s services at the centre of the Baby Peter case, was made aware of ‘very significant professional failings’ in her department at Haringey before she was sacked, the high court heard today.”

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The Guardian, 8th October 2009

Source: www.guardian.co.uk

Thalidomide victims still fighting for justice 35 years on – The Independent

Posted October 9th, 2009 in birth, compensation, medicines, news, personal injuries by sally

“Britain’s most revered newspaper editor returned to the scene of his greatest triumph yesterday, joining thalidomide survivors to demand that the Government acknowledge its role in the world’s worst drug disaster.”

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The Independent, 9th October 2009

Source: www.independent.co.uk

Legal risk to property investors – BBC News

Posted October 9th, 2009 in contracts, injunctions, news by sally

“Investors hit by the downturn and who choose not to complete property deals can still be forced to buy after a court injunction, lawyers have warned.”

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BBC News, 8th October 2009

Source: www.bbc.co.uk

Mother to give evidence in ‘honour killing’ trial – The Guardian

Posted October 9th, 2009 in domestic violence, Islam, murder, news by sally

“The mother of a schoolgirl who disappeared 10 years ago is to give evidence against her husband at his trial for the alleged murder of their daughter in a so-called ‘honour killing’. Tulay Goren, 15, was murdered by her father and his brothers because she fell in love with the wrong man, an Old Bailey jury heard today.”

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The Guardian, 8th October 2009

Source: www.guardian.co.uk

Immigration rules relaxed to allow tens of thousands to stay, secret memo – Daily Telegraph

Posted October 9th, 2009 in asylum, immigration, news by sally

“Immigration rules have been quietly relaxed to allow tens of thousands of asylum seekers to stay – so a deadline to clear a massive backlog can be met, The Daily Telegraph can disclose.”

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Daily Telegraph,

Source: www.telegraph.co.uk

Senior judge says ‘collaborative’ approach can be extended – The Times

Posted October 9th, 2009 in news by sally

“Couples are increasingly settling divorce disputes outside court through a new American-style method which could be extended to other litigation, one of Britain’s top judges said last night.”

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The Times, 8th October 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted October 8th, 2009 in legislation by sally

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009

The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 12) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted October 8th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pomfrett, R v [2009] EWCA Crim 1939 (08 October 2009)

Mejia & Anor, R v [2009] EWCA Crim 1940 (08 October 2009)

Court of Appeal (Civil Division)

Al Tamimi v Khodari [2009] EWCA Civ 1042 (08 October 2009)

High Court (Queen’s Bench Division)

Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) (08 October 2009)

High Court (Chancery Division)

North Eastern Properties Ltd v Coleman & Anor [2009] EWHC 2174 (Ch) (20 August 2009)

Rawnsley & Anor v Weatherall Green & Smith North Ltd [2009] EWHC 2393 (Ch) (06 October 2009)

Mayes v HM Revenue & Customs [2009] EWHC 2443 (Ch) (08 October 2009)

High Court (Administrative Court)

Boyle, R (on the application of) v Haverhill Pub Watch & Ors [2009] EWHC 2441 (Admin) (08 October 2009)

High Court (Commercial Court)

AET Inc Ltd v Arcadia Petroleum Ltd [2009] EWHC 2337 (Comm) (08 October 2009)

High Court (Technology and Construction Court)

Barr & Ors v Biffa Waste Services Ltd (No.2) [2009] EWHC 2444 (TCC) (2 October 2009)

Source: www.bailii.org

Transsexual in court appeal for breast enlargement – Daily Telegraph

Posted October 8th, 2009 in cosmetic surgery, news, sex discrimination by sally

“A transsexual refused breast enlargement surgery on the NHS is to take her case to the High Court, at a cost of tens of thousands of pounds to the hospital’s budget.”

Full story

Daily Telegraph, 8th October 2009

Source: www.telegraph.co.uk

Contest aims to turn young hackers into cyber security ‘top guns’ – The Times

Posted October 8th, 2009 in news by sally

“Britain’s would-be computer hackers are to be targeted in a campaign to persuade them to turn their back on illegal activities and become cyber security ‘top guns’.”

Full story

The Times, 8th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 8th, 2009 in law reports by sally

Court of Appeal (Civil Division)

EI Du Pont Nemours & Co v United Kingdom Intellectual Property Office [2009] EWCA Civ 966 (17 September 2009)

CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)

High Court (Queen’s Bench Division)

Sumbulu v Sarker & Ors [2009] EWHC 2424 (QB) (02 October 2009)

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2009] EWHC 2011 (QB) (31 July 2009)

High Court (Technology and Construction Court)

Costain Ltd v Charles Haswell & Partners Ltd [2009] EWHC B25 (TCC) (24 September 2009)

Source: www.bailii.org

Vicente Pereda v Madrid Movilidad SA – Times Law Reports

Posted October 8th, 2009 in law reports by sally

Vicente Pereda v Madrid Movilidad SA; Case C-277/08

Court of Justice of the European Communities

“National provisions or collective agreements which provided that a worker who was sick during a period of scheduled annual leave did not have the right, after his recovery, to take his annual leave at another time were unlawful.”

The Times, 8th October 2009

Source: www.timesonline.co.uk

Regina (Age UK) v Secretary of State for Business, Innovation and Skills, Equality and Human Rights Commission and Another intervening) – Times Law Reports

Posted October 8th, 2009 in law reports by sally

Regina (Age UK) v Secretary of State for Business, Innovation and Skills, Equality and Human Rights Commission and Another intervening)

Queen’s Bench Division

“Provisions permitting an employer to require retirement at the age of 65 were justified where he could show that the treatment was a proportionate means of achieving a legitimate aim since the government had a legitimate social policy aim: protecting the integrity and confidence in the United Kingdom labour market.”

The Times, 8th October 2009

Source: www.timesonline.co.uk

Practice Direction (Criminal Proceedings: Additional Forms) – WLR Daily

Posted October 8th, 2009 in criminal procedure, law reports, practice directions by sally

Practice Direction (Criminal Proceedings: Additional Forms); [2009] WLR (D) 293

“The forms for use in connection with the following Parts of the Criminal Procedure Rules 2005, as amended, were set out. The amendments were to take effect on 5 October 2009.”

WLR Daily, 7th October 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.

Family lawyer fears over guardians’ ‘dangerous’ caseloads – Law Society’s Gazette

Posted October 8th, 2009 in children, family courts, law centres, news by sally

“Leading family lawyer Christina Blacklaws has hit out at the ‘dangerous’ workload of employed guardians at the Children and Family Court Advisory Service (Cafcass).”

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Law Society’s Gazette, 8th October 2009

Source: www.lawgazette.co.uk

Don’t tell anyone – but the judges are becoming media-friendly – The Times

Posted October 8th, 2009 in news by sally

“This week the Lord Chief Justice issued new guidelines on gun crime. Nothing unusual in that, but Lord Judge also made a point of drawing the media’s attention to key points in his judgment. A small move, but indicative of a big change in approach.”

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The Times, 8th October 2009

Source: www.timesonline.co.uk