BAILII: Recent Decisions

Posted July 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hutchison 3G UK Ltd v The Office of Communications [2009] EWCA Civ 683 (16 July 2009)

Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

Court of Appeal (Criminal Division)

CPS (Sussex) v Mattu [2009] EWCA Crim 1483 (17 July 2009)

High Court (Administrative Court)

Manhire, R (on the application of) v The Secretary of State for Justice [2009] EWHC 1788 (Admin) (16 July 2009)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2009] EWHC 1742 (Admin) (16 July 2009)

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

TW, R (on the application of) v Kent County Council [2009] EWHC 1790 (Admin) (17 July 2009)

High Court (Chancery Division)

The National Trust v Fleming & Ors [2009] EWHC 1789 (Ch) (17 July 2009)

High Court (Commercial Court)

Excelsior Group Productions Ltd v Yorkshire Television Ltd [2009] EWHC 1751 (Comm) (16 July 2009)

High Court (Family Division)

W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam) (17 July 2009)

High Court (Queen’s Bench Division)

Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors [2009] EWHC 1765 (QB) (16 July 2009)

NXS v London Borough of Camden [2009] EWHC 1786 (QB) (16 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 17th, 2009 in legislation by sally

The Council Tax Limitation (Maximum Amounts) (England) Order 2009

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2009

The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2009

The Companies Act 2006 (Consequential Amendments) (Uncertificated Securities) Order 2009

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009

The Motorways Traffic (M42 Motorway) (Junctions 10 to 11 Northbound) (Restriction on Use of Offside Lane) Regulations 2009

Source: www.opsi.gov.uk

R v Stewart – WLR Daily

Posted July 17th, 2009 in alcoholism, diminished responsibility, law reports, murder by sally

R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244

“A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, at some levels of severity, what might appear to be voluntary drinking might be inseparable from the defendant’s underlying syndrome.”

WLR Daily, 16th 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.

AP v Secretary of State for the Home Department – WLR Daily

Posted July 17th, 2009 in human rights, law reports by sally

AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243

“The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 hours per day was insufficiently stringent to amount to a deprivation of liberty within art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 16th 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.

Hudson v Leigh – Times Law Reports

Posted July 17th, 2009 in law reports by sally

Hudson v Leigh

Family Divison

“Where none of the three main participants, and, critically, the celebrating official, intended a ceremony to give rise to a lawful marriage, there was no marital status to be dealt with by a divorce decree of any kind.”

The Times, 17th July 2009

Source: www.timesonline.co.uk

Regina v Gore; Regina v Maher – Times Law Reports

Posted July 17th, 2009 in law reports by sally

Regina v Gore; Regina v Maher

Court of Appeal

“The issue of a fixed penalty notice asserting one offence did not protect the recipient from further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

The Times, 17th July 2009

Source: www.timesonline.co.uk

Government to ensure information preserved for future – Ministry of Justice

Posted July 17th, 2009 in freedom of information, press releases by sally

“The government has today set out plans to make sure that more public information is made available and is preserved for future generations.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

Jack Straw cracks down on trivial prisoner legal claims – Ministry of Justice

Posted July 17th, 2009 in legal aid, press releases, prisons by sally

“Jack Straw has announced proposals to crack down on nuisance legal claims and new powers to seize money from prisoners.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

Government Response to Law Commission’s Report on Housing – Ministry of Justice

Posted July 17th, 2009 in housing, press releases, reports by sally

“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

The Law Commission welcomes the Government’s response to its report on housing disputes – Law Commission

Posted July 17th, 2009 in housing, press releases, reports by sally

“The Law Commission welcomes the Government’s response to its report on housing disputes.”

Full press release

Law Commission, 16th July 2009

Source: www.lawcom.gov.uk

Restaurant must pay Dorset’s largest-ever fine for employing illegal workers – UK Border Agency

Posted July 17th, 2009 in fines, immigration, press releases by sally

“Two Bournemouth businesses have been fined a total of more than £40,000 for employing illegal workers.”

Full press release

UK Border Agency, 16th July 2009

Source: www.ukba.homeoffice.gov.uk

Government’s Impact Assessment on Family Legal Aid Contains ‘Surprising and Fundamental’ Errors – The Bar Council

Posted July 17th, 2009 in family courts, legal aid, press releases by sally

“The Bar Council and the Family Law Bar Association have today published a review of the Impact Assessment carried out by Ernst & Young on the impact of the Legal Service Commission’s proposed cuts to the family legal aid budget.  The review, which was conducted by the independent economic consultancy Oxera, analyses the Ernst & Young report, A Market Analysis of Family Advocacy, which was published on the 29th June.”

Full press release

The Bar Council, 16th July 2009

Source: www.barcouncil.org.uk

Bar Council Welcomes Centre for Social Justice Report on Family Law Reform – The Bar Council

Posted July 17th, 2009 in family courts, press releases, reports by sally

“The Bar Council has today welcomed the report on family law reform, Every Family Matters, from the Centre for Social Justice, a leading think tank which is chaired by the Rt Hon Iain Duncan Smith MP, the former Leader of the Conservative Party.   The Centre for Social Justice’s latest family law report, which focuses on the breakdown of family life in modern Britain, and the way in which this is addressed by the legal system.”

Full press release

The Bar Council, 16th July 2009

Source: www.barcouncil.org.uk

Press Release: Attorney General welcomes analysis of CPS advocacy – Attorney General’s Office

Posted July 17th, 2009 in advocacy, Crown Prosecution Service, press releases by sally

“Press Release: Attorney General welcomes analysis of CPS advocacy.”

Full press release

Attorney General’s Office, 16th July 2009

Source: www.attorneygeneral.gov.uk

Press Release: O’Connor and Rooney – serial burglars’ sentences doubled – Attorney General’s Office

Posted July 17th, 2009 in burglary, press releases, sentencing by sally

“O’Connor and Rooney: serial burglars’ sentences doubled.”

Full press release

Attorney General’s Office, 16th July 2009

Source: www.attorneygeneral.gov.uk

Straw tightens shoplifting fines – BBC news

Posted July 17th, 2009 in fines, news, theft by sally

“On-the-spot fines for shoplifting will now be limited to first-time offenders who are not drug users, Justice Secretary Jack Straw has said.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Men jailed for heroin conspiracy – BBC News

Posted July 17th, 2009 in conspiracy, drug offences, news, sentencing by sally

“Eight men have been sentenced for a drugs conspiracy that saw millions of pounds of heroin imported into the UK.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Government response to damages consultation dubbed ‘anti-climax’ by lawyers – Law Society’s Gazette

Posted July 17th, 2009 in consultations, damages, news by sally

“Solicitors dubbed the government’s response to the Law on Damages consultation an anti-climax this week, two years after its original deadline.”

Full story

Law Society’s Gazette, 16th July 2009

Source: www.lawgazette.co.uk

The instruction of prosecution advocates in the Crown Court and payment of counsel by the CPS – HM Crown Prosecution Service Inspectorate

Posted July 17th, 2009 in advocacy, barristers, Crown Court, Crown Prosecution Service, press releases by sally

“Inspectors assessed internal and external prosecuting advocates in the Crown Court. Two-thirds were fully competent, including some very good. A quarter of advocates were lacklustre. Only 7.9% were less than competent, including some very poor.”

Full press release

HMcpsi, 16th July 2009

Source: www.hmcpsi.gov.uk

A third of all prosecution advocates ‘lacklustre’ or poor, inspection says – Law Society’s Gazette

Posted July 17th, 2009 in advocacy, barristers, Crown Prosecution Service, news by sally

“A third of all prosecution advocates are ‘lacklustre’ or ‘less than competent’ according to a review carried out by the Crown Prosecution Service Inspectorate published today.”

Full story

Law Society’s Gazette, 16th July 2009

Source: www.lawgazette.co.uk