BAILII: Recent Decisions

Posted October 13th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Rehman, R. v [2009] EWCA Crim 1944 (24 September 2009)

Court of Appeal (Civil Division)

MB, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1031 (16 September 2009)

AK & FH (Kosovo) v Secretary of State for the Home Deparment [2009] EWCA Civ 1032 (09 September 2009)

Johnson Brothers (A Firm) v Secretary of State for Communities & Local Government [2009] EWCA Civ 1004 (03 September 2009)

MA (Turkey) v Secretary of State for the Home Department [2009] EWCA Civ 1018 (03 September 2009)

Secretary of State for Defence v Lance Corporal (Now Corporal) Duncan & Anor [2009] EWCA Civ 1043 (12 October 2009)

High Court (Chancery Division)

Macdonald & Anor v Frost [2009] EWHC 2276 (Ch) (05 October 2009)

High Court (Administrative Court)

Wells, R (on the application of) v Parole Board [2009] EWHC 2458 (Admin) (22 September 2009)

Alcock, R (on the application of) v The Parole Board [2009] EWHC 2401 (Admin) (03 September 2009)

Matthews, R (on the application of) v HMP Swaleside [2009] EWHC 2397 (Admin) (05 October 2009)

High Court (Commercial Court)

Hitachi Capital (UK) Plc v V-12 Finance Ltd & Ors [2009] EWHC 2432 (Comm) (06 October 2009)

Source: www.bailii.org

Police face action over botched sex attack probes – The Independent

Posted October 13th, 2009 in news, police, sexual offences by sally

“Fourteen police officers could face prosecution over blunders during investigations into two serial sex attackers.”

Full story

The Independent, 12th October 2009

Source: www.independent.co.uk

Regina (Friends of the Earth) v Secretary of State for Business, Enterprise and Regulatory Reform; Regina (Help the Aged) v Secretary of State for Environment, Food and Rural Affairs – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Regina (Friends of the Earth) v Secretary of State for Business, Enterprise and Regulatory Reform; Regina (Help the Aged) v Secretary of State for Environment, Food and Rural Affairs

Court of Appeal

“It was not unlawful for government ministers to consider reasonable practicability, at least to some extent by reference to departmental budgets, when taking steps to implement specific targets, including eliminating fuel poverty.”

The Times, 13th October 2009

Source: www.timesonline.co.uk

Cherney v Deripaska – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Cherney v Deripaska

Court of Appeal

“An English court could exercise its discretion to take jurisdiction of a claim based on rights said to arise out of an English contract, even though those rights might be proprietary.”

The Times, 13th October 2009

Source: www.timesonline.co.uk

Hoholm v Government of Norway – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Hoholm v Government of Norway

Queen’s Bench Divisional Court

“Where an issue was available to be raised by a claimant on the evidence adduced at an extradition hearing, she was entitled to raise that issue on appeal to the Divisional Court, even though it had not been raised before.”

The Times, 13th October 2009

Source: www.timesonline.co.uk

Swindon Borough Council v Redpath – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Swindon Borough Council v Redpath

Court of Appeal

“When a local authority sought an antisocial behaviour injunction, it was not necessary for the victims of such conduct to be residents of council accommodation or their visitors or those engaged in lawful activity in council premises.”

The Times, 12th October 2009

Source: www.timesonline.co.uk

De-Winter Heald v Brent London Borough Council; Al-Jarah and Others v Same – Times Law Reports

Posted October 13th, 2009 in law reports by sally

De-Winter Heald v Brent London Borough Council; Al-Jarah and Others v Same

Court of Appeal

“Local authorities were entitled to contract out some or all of the reviews they were required to carry out under the Housing Act 1996.”

The Times, 12th October 2009

Source: www.timesonline.co.uk

High Court reinstates nurse who exposed neglect – The Independent

Posted October 13th, 2009 in news, nurses, whistleblowers by sally

“A nurse who was struck off the register for blowing the whistle on unacceptably low standards of care for elderly patients has won her fight for re-instatement.”

Full story

The Independent, 13th October 2009

Source: www.independent.co.uk

Judgement reserved on Baby P boss – BBC News

Posted October 13th, 2009 in child abuse, judicial review, news, social services by sally

“A judge has reserved his decision in a legal action brought by the dismissed head of Haringey children’s services, Sharon Shoesmith.”

Full story

BBC News, 12th October 2009

Source: www.bbc.co.uk

Court blocks MoD attempt to cut compensation for wounded soldiers – The Guardian

Posted October 13th, 2009 in armed forces, compensation, news, personal injuries by sally

“The court of appeal has dismissed an attempt by the Ministry of Defence to cut compensation to two wounded soldiers in a ruling welcomed as a ‘tremendous win’ by their supporters.”

Full story

The Guardian, 12th October 2009

Source: www.guardian.co.uk

JJB Sports will proceed with rights issue after delay – The Times

Posted October 13th, 2009 in news by sally

“JJB Sports, the sportswear retailer, will launch its £100 million rights issue early this week, after it was abruptly postponed last Friday, sources close to the company said yesterday.”

Full story

The Times, 12th October 2009

Source: www.timesonline.co.uk

Guardian gagged from reporting parliament – The Guardian

Posted October 13th, 2009 in freedom of expression, injunctions, media, news, parliament by sally

“The Guardian has been prevented from reporting parliamentary proceedings on legal grounds which appear to call into question privileges guaranteeing free speech established under the 1688 Bill of Rights.”

Full story

The Guardian, 12th October 2009

Source: www.guardian.co.uk

Injured servicemen’s awards to be reassessed – The Independent

Posted October 12th, 2009 in appeals, armed forces, compensation, news, personal injuries by sally

“Compensation awards to two injured servicemen are to be reassessed following a ruling by appeal judges today in a case brought by the Ministry of Defence.”

Full story

The Independent, 12th October 2009

Source: www.independent.co.uk

School fined after girl’s fingers burnt away by plaster of Paris in art class – The Times

Posted October 12th, 2009 in news by sally

“A school was ordered to pay £19,000 today after a 16-year-old girl lost most of her fingers when a bucket of plaster of Paris set around her hands during a school art lesson.”

Full story

The Times, 12th October 2009

Source: www.timesonline.co.uk

Six men jailed for ‘vile’ kidnap – BBC News

Posted October 12th, 2009 in kidnapping, news, sentencing by sally

“Six members of a gang that kidnapped two men – one of them a friend of the singer Lily Allen – have been jailed for up to 12 years each.”

Full story

BBC News, 12th October 2009

Source: www.bbc.co.uk

£1.3 million payout for bus fall victim – The Independent

Posted October 12th, 2009 in damages, negligence, news, personal injuries by sally

“A man who suffered severe head injuries when he fell from a London night bus was awarded more than £1 million damages today.”

Full story

The Indepedent, 12th October 2009

Source: www.independent.co.uk

The BPP Bar Vocational Course Saga continues … – Charon QC

Posted October 12th, 2009 in legal education, news by sally

“Legal Week reports: It has also been confirmed that BPP Law School, which last month asked for volunteers among its BVC students to defer for a year, exceeded its allocated numbers of 456 by 80. This figure includes both the full-time and part-time BVC courses run by BPP in London and Leeds. It has since been reduced to 63 as a result of deferrals and withdrawals.”

Full story

Charon QC, 12th October 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Marine death family prosecute MoD – BBC News

Posted October 12th, 2009 in armed forces, negligence, news by sally

“The family of a Royal Marine killed in service in Afghanistan is taking legal action against the Ministry of Defence.”

Full story

BBC News, 12th October 2009

Source: www.bbc.co.uk

Lawyer’s £5m battle over ruined career – The Guardian

“A former president of the Law Society and his City law firm are being sued for up to £5m over allegations that they helped a global oil company wreck a barrister’s career.”

Full story

The Guardian, 11th October 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 12th, 2009 in law reports by sally

Court of Appeal (Criminal Court)

Rollins, R. v [2009] EWCA Crim 1941 (09 October 2009)

Court of Appeal (Civil Division)

Astall & Anor v Revenue and Customs [2009] EWCA Civ 1010 (09 October 2009)

Chandler, R (on the application of) v Secretary of State for Children, Schools and Families [2009] EWCA Civ 1011 (09 October 2009)

High Court (Queen’s Bench)

CEP Holdings Ltd v CEP Claddings Ltd [2009] EWHC 2447 (QB) (09 October 2009)

Kahangi & Ors v Nourizadeh [2009] EWHC 2451 (QB) (09 October 2009)

High Court (Chancery Division)

Cowlishaw & Anor v O&D Building Contractors Ltd [2009] EWHC 2445 (Ch) (08 October 2009)

Invertec Ltd v De Mol Holding BV & Anor [2009] EWHC 2471 (Ch) (09 October 2009)

High Court (Administrative Court)

NA, R (on the application of) v London Borough of Croydon [2009] EWHC 2357 (Admin) (18 September 2009)

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009)

High Court (Commercial Court)

Gard Marine & Energy Ltd v Lloyd Tunnicliffe & Ors [2009] EWHC 2388 (Comm) (09 October 2009)

Source: www.bailii.org