Warning over constitution reforms – BBC News
“The government’s attempts to reform the UK constitution risk failure if they are carried out in too ‘ad hoc and piecemeal’ a way, an MPs’ report said.”
BBC News, 29th July 2009
Source: www.bbc.co.uk
Hillsborough files to be opened – BBC News
“Families who lost their loved ones in the Hillsborough disaster have renewed hope of a full disclosure after a meeting with the home secretary.”
BBC News, 29th July 2009
Source: www.bbc.co.uk
Yeong v General Medical Council – WLR Daily
Yeong v General Medical Council [2009] EWHC 1923 (Admin); [2009] WLR (D) 268
“When considering a medical practitioner’s fitness to practise where the misconduct consisted of violation of the professional relationship between doctor and patient the efforts made by the practitioner to address his behaviour for the future might carry less weight than in cases where the misconduct consisted of clinical errors or incompetence.”
WLR Daily, 30th July 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.
R (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same – WLR Daily
“The statutory scheme established to compensate shareholders subsequent to the nationalisation of Northern Rock plc, on the basis of the assessment of the valuation of the shares by means of the statutory assumptions provided for in s 5(4) of the Banking (Special Provisions) Act 2008, did not violate the shareholders’ right to the protection of their property guaranteed under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Those statutory assumptions struck the balance, required by the Convention, between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights.”
WLR Daily, 30th July 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.
R v Nelson; R v Pathak; R v Paulet – WLR Daily
R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266
“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”
WLR Daily, 30th July 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.
HIV sex offender appeal rejected – BBC News
“A sex offender from Devon who breached an order banning him from contacting people over the age of 60 has failed in a bid to reduce his latest jail term.”
BBC News, 30th July 2009
Source: www.bbc.co.uk
Stiletto snag smoker wins payout – BBC News
“A woman who broke a leg after catching her stiletto heel in a pub’s smoking area has received £18,000 compensation.”
BBC News, 30th July 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)
ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834 (30 July 2009)
Manning & Anor v Kings College Hospital NHS Trust [2009] EWCA Civ 832 (31 July 2009)
MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)
Court of Appeal (Criminal Division)
Whittington v R. [2009] EWCA Crim 1641 (30 July 2009)
Iqbal v R. [2009] EWCA Crim 1627 (30 July 2009)
HIgh Court (Administrative Court)
Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) (29 July 2009)
Saha v The General Medical Council [2009] EWHC 1907 (Admin) (29 July 2009)
Serious Organised Crime Agency v Perry & Ors [2009] EWHC 1960 (Admin) (30 July 2009)
High Court (Chancery Division)
Bilkus v Stockler Brunton (a firm) [2009] EWHC 1957 (Ch) (30 July 2009)
Parkinson v Fawdon [2009] EWHC 1953 (Ch) (30 July 2009)
High Court (C0mmercial Court)
Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)
Calyon v Wytwornia Sprzetu Komunikacynego Pzl Swidnik SA [2009] EWHC 1914 (Comm) (30 July 2009)
High Court (Queen’s Bench Division)
Williams v Jervis (Komatsu) [2009] EWHC 1838 (QB) (30 July 2009)
Williams v Jervis (Komatsu) [2009] EWHC 1837 (QB) (30 July 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Glasgow Commonwealth Games Act 2008 (Games Association Right) Order 2009
The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009
The Welsh College of Horticulture (Dissolution) Order 2009
The School Admissions Code (Appointed Day) (Wales) Order 2009
Source: www.opsi.gov.uk
R v Charles – WLR Daily
R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265
“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”
WLR Daily, 30th July 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.
R v Bannister – WLR Daily
R v Bannister [2009] EWCA Crim 1571; [2009] WLR (D) 264
“A driver’s special skill, or lack of skill, was an irrelevant circumstance when considering whether his driving was dangerous.”
WLR Daily, 30th July 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.
Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others – WLR Daily
“A co-operative venture between several business participants as the necessary and proportionate means to enter a new market to achieve the overall objective of the venture was not anti-competitive contrary to art 81EC of the EC Treaty.”
WLR Daily, 30th July 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.
Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same – WLR Daily
“Although a contractual provision which had the effect of requiring a person who had become insolvent to be deprived of an asset conflicted with the principle that an insolvent’s assets would be available for distribution among his creditors and would generally be unenforceable, the principle did not invalidate contractual provisions which had the effect of prejudicing creditors of a company in the event of insolvency by the actual or effective removal of an asset from the insolvent estate.”
WLR Daily, 30th July 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.
R v Khan – WLR Daily
R v Khan [2009] EWCA Crim 1569; [2009] WLR (D) 261
“The circumstance that, on a charge of murder, there was unchallenged expert medical evidence that the defendant suffered from such abnormality of mind as to support a defence of diminished responsibility did not of itself necessitate the withdrawal of the charge from the jury.”
WLR Daily, 29th July 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.
Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening – Times Law Reports
House of Lords
“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances that he would take into account in considering whether to prosecute persons such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”
The Times, 31st July 2009
Source: www.timesonline.co.uk
Reducing reoffending in London – consultation response – Ministry of Justice
“A consultation setting out proposed priorities for the delivery of prison and probation services in the capital and the joint work between agencies to reduce reoffending. The consultation will be used to inform an action plan for 2009-11.”
Ministry of Justice, 31st July 2009
Source: www.justice.gov.uk
Bar Council accuses CPS of ‘Alice in Wonderland accounting’ – Law Society’s Gazette
“The Bar Council accused the Crown Prosecution Service of ‘Alice in Wonderland accounting’ this week over the CPS’s claim to have saved millions using its own lawyers rather than external advocates.”
Law Society’s Gazette, 30th July 2009
Source: www.lawgazette.co.uk
News focus: miners’ compensation – Law Society’s Gazette
“The work that solicitors have done under the mineworkers’ compensation scheme has attracted the attention of press, parliament and the public ever since details of wrongdoing began to emerge earlier this decade. But the debate has focused on two controversies: the millions of pounds that solicitors have earned, and the deductions that some solicitors made from miners’ compensation.”
Law Society’s Gazette, 30th July 2009
Source: www.lawgazette.co.uk
Bar Council Contributes to Debate on Civil Litigation Costs – The Bar Council
“The Bar Council has today published its response to Lord Justice Jackson’s Preliminary Report on the costs of civil litigation. Lord Justice Jackson, who has been asked by the Master of the Rolls to investigate civil litigation costs, published his Preliminary Report in May 2009. A Bar Council Working Group, chaired by Michael Todd QC, has submitted its response to the Preliminary Report. This sets out the Bar Council’s views on the principles of civil litigation costs and on case management.”
The Bar Council, 31st July 2009
Source: www.barcouncil.org.uk
Food mixer did not violate rival’s trade mark by using similar shape – OUT-LAW.com
“A claim that one food mixer violated the trade mark rights of another by being similar in shape has failed. The Court of Appeal said that any similarity in shape between the machines had not given Kenwood an unfair advantage over Whirlpool.”
OUT-LAW.com, 31st July 2009
Source: www.out-law.com
