BAILII: Recent Decisions

Posted July 31st, 2009 in law reports by sally

Court of Appeal (Civil Division)

NA (Afghanistan) v Secretary of State for the Home Department (Rev 1) 2009] EWCA Civ 846 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

AM, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 833 (30 July 2009)

Friends of the Earth & Ors, R (on the application of) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 (30 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

Posted July 31st, 2009 in legislation by sally

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

Posted July 31st, 2009 in appeals, ASBOs, burden of proof, law reports by sally

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

Posted July 31st, 2009 in dangerous driving, law reports, police by sally

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

Posted July 31st, 2009 in competition, law reports by sally

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others [2009] EWCA Civ 76; [2009] WLR (D) 263

“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

Posted July 31st, 2009 in insolvency, law reports, winding up by sally

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same [2009] EWHC 1912 (Ch); [2009] WLR (D) 262

 “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

Posted July 31st, 2009 in diminished responsibility, homicide, law reports, mental health by sally

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

Posted July 31st, 2009 in law reports by sally

Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening

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

Posted July 31st, 2009 in consultations, press releases, rehabilitation by sally

“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.”

Full press release

Ministry of Justice, 31st July 2009

Source: www.justice.gov.uk

Bar Council accuses CPS of ‘Alice in Wonderland accounting’ – Law Society’s Gazette

Posted July 31st, 2009 in accounts, Crown Prosecution Service, news by sally

“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.”

Full story

Law Society’s Gazette, 30th July 2009

Source: www.lawgazette.co.uk

News focus: miners’ compensation – Law Society’s Gazette

Posted July 31st, 2009 in claims management, industrial injuries, miners, news, professional conduct, solicitors by sally

“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.”

Full story

Law Society’s Gazette, 30th July 2009

Source: www.lawgazette.co.uk

Bar Council Contributes to Debate on Civil Litigation Costs – The Bar Council

Posted July 31st, 2009 in costs, press releases by sally

“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.”

Full press release

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

Posted July 31st, 2009 in appeals, news, trade marks by sally

“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.”

Full story

OUT-LAW.com, 31st July 2009

Source: www.out-law.com

Interest rate of 15% was not a punishment, rules Court of Appeal – OUT-LAW.com

Posted July 31st, 2009 in company law, contracts, interest, news, penalties by sally

“An interest rate of 15% agreed in a contract between two companies was not a penalty and was justified, the Court of Appeal has said. The interest, which had been ruled unlawful, can be charged, said the Court.”

Full story

OUT-Law.com, 30th July 2009

Source: www.out-law.com

Racecourse price agreements did not break competition law, says Court of Appeal – OUT-LAW.com

Posted July 31st, 2009 in competition, gambling, media, news by sally

“Racecourses did not break competition laws when they decided to sell their television rights only to a company that they owned. A rival company owned by betting shops has lost its case at the Court of Appeal.”

Full story

OUT-LAW.com, 30th July 2009

Source: www.out-law.com

‘Salsa affair’ stab man is jailed – BBC News

Posted July 31st, 2009 in attempted murder, attempts, murder, news, sentencing by sally

“A 66-year-old man who tried to murder his young Filipino wife after she had an affair with a salsa teacher has been jailed for 18 years.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

Banking reform ‘largely cosmetic’ – BBC News

Posted July 31st, 2009 in banking, financial regulation, news by sally

“The government’s plans for reforming the regulation of banks are ‘largely cosmetic’ and ‘lack clarity’, MPs in the Treasury Select Committee say.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Solicitors boycott virtual courts – BBC News

Posted July 31st, 2009 in courts, live link evidence, news, solicitors by sally

“A government scheme to allow defendants to be dealt with via ‘virtual courts’ is being boycotted by solicitors who say it is ‘justice on the cheap’.

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Teacher Guy Button gave gun to father for hospital ward suicide – The Times

Posted July 31st, 2009 in news by sally

“A music teacher faces up to ten years in prison after he admitted giving his father, who was terminally ill, a gun so that he could shoot himself dead in a busy hospital ward.”

Full story

The Times, 31st July 2009

Source: www.timesonline.co.uk

Teenage volunteers face prosecution unless they register with anti-paedophile database – Daily Telegraph

Posted July 31st, 2009 in children, criminal records, news, vetting by sally

“Guidance for the controversial Independent Safeguarding Authority states that youths who want to help vulnerable groups will have to be vetted ‘in time for their 16th birthday to avoid committing an offence’.”

Full story

Daily Telegraph, 31st July 2009

Source: www.telegraph.co.uk