BAILII: Recent Decisions

Posted July 8th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Heffernan v London Borough of Hackney [2009] EWCA Civ 665 (07 July 2009)

Secretary of State for Environment, Food and Rural Affairs v Downs [2009] EWCA Civ 664 (07 July 2009)

Foster Wheeler Ltd v Hanley & Ors [2009] EWCA Civ 651 (08 July 2009)

Court of Appeal (Criminal Division)

Sofroniou v R [2009] EWCA Crim 1360 (07 July 2009)

Pepperell, R. v [2009] EWCA Crim 1327 (07 July 2009)

High Court (Chancery Division)

Equitas Ltd (the Names At Lloyd’s for the 1992 and Prior Years of Account), Re [2009] EWHC 1595 (Ch) (07 July 2009)

Clarke & Anor v Corless & Anor [2009] EWHC 1636 (Ch) (08 July 2009)

High Court (Patents Court)

Cranway Ltd v Playtech Ltd & Ors [2009] EWHC 1588 (Pat) (07 July 2009)

High Court (Technology and Construction Court)

Fitzroy Robinson Ltd v Mentmore Towers Ltd [2009] EWHC 1552 (TCC) (07 July 2009)

Source: www.bailii.org

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others – Times Law Reports

Posted July 8th, 2009 in Judaism, law reports, race discrimination, school admissions by sally

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others

Court of Appeal

“A Jewish school which restricted its intake to Jews, as defined by the Office of the Chief Rabbi, while making no requirement of practice or faith, discriminated racially against applicants who were not Jewish by descent or orthodox conversion.”

The Times, 8th July 2009

Source: www.timesonline.co.uk

R (P) v Secretary of State for Justice – WLR Daily

Posted July 8th, 2009 in human rights, law reports, prisons, young offenders by sally

R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234

“Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young offender while he was in detention, a ‘real and immediate’ risk to life was a prerequisite.”

WLR Daily, 7th 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 Downer – WLR Daily

Posted July 8th, 2009 in admissibility, burglary, law reports by sally

R v Downer  [2009] EWCA Crim 1361; [2009] WLR (D) 233

“The offence of aggravated burglary under s 10 (1) of the Theft Act 1968 was not to be regarded as an indivisible offence and, in order to find out what constituted a burglary, it was essential to have regard to the two types of burglary described in (a) and (b) of s 9(1) of the Act.”

WLR Daily, 7th 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.

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) – WLR daily

Posted July 8th, 2009 in housing, law reports by sally

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 613; [2009] WLR (D) 232

“In determining whether a decision by a local authority to seek possession of land where there were unauthorised occupiers was reasonable, the county court could look at a series of decisions taken by the authority including any decision to continue with the proceedings taken at the time of the hearing. Any one of the series could be challenged if shown to be unreasonable. The court should go beyond a pure rationality test and look at facts concerning the personal circumstances of the occupiers known to the local authority at the time of the relevant decision.”

WLR Daily, 3rd 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.

Recent Statutory Instruments – OPSI

Posted July 8th, 2009 in legislation by sally

The Education and Skills Act 2008 (Commencement No. 4, Commencement No. 3 (Amendment), Transitory and Saving Provisions) Order 2009

The Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009

The Police and Justice Act 2006 (Commencement No. 11) Order 2009

The Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009

The Education (Independent Educational Provision in England) (Unsuitable Persons) Regulations 2009

The Lyme Bay Designated Area (Fishing Restrictions) (Amendment) Order 2009

The Fishguard to Bangor Trunk Road (A487) (Porthmadog, Minffordd and Tremadog Bypass and De-trunking) Order 2009

The Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009

Source: www.opsi.org.uk

Gangmaster laws to be extended to cut deaths in construction industry – The Guardian

Posted July 8th, 2009 in company directors, construction industry, gangmasters, health & safety, inquiries, news, trade unions by sally

“Directors will be legally forced to ensure good health and safety management and gangmaster licensing will be extended to the construction industry as the centrepiece of a hard-hitting government inquiry into the high number of fatalities on Britain’s building sites published today.”

Full story

The Guardian, 8th July 2009

Source: www.guardian.co.uk

FSA consults on a penalty framework that could treble fines – OUT-LAW.com

Posted July 8th, 2009 in financial regulation, fines, news by sally

“Regulatory fines could double or treble in size under a new framework for calculating financial penalties proposed by the Financial Services Authority (FSA) yesterday.”

Full story

OUT-LAW.com, 7th July 2009

Source: www.outlaw.com

Office of the Legal Services Ombudsman annual report – Ministry of Justice

Posted July 8th, 2009 in ombudsmen, press releases by sally

“Zahida Manzoor CBE, the Legal Services Ombudsman, has commented on the first steps towards the implementation of the Legal Services Act in her annual report and accounts.”

Full press release

Ministry of Justice, 7th July 2009

Source: www.justice.gov.uk

Genocide – Jack Straw to strengthen law – Ministry of Justice

Posted July 8th, 2009 in crimes against humanity, genocide, international law, press releases, war crimes by sally

“New plans to strengthen the law on genocide, war crimes and crimes against humanity were announced by Justice Secretary Jack Straw today.”

Full press release

Ministry of Justice, 7th July 2009

Source: www.justice.gov.uk

The Law Commission publishes its Annual Report for 2008-09 – Law Commission

Posted July 8th, 2009 in Law Commission, news, reports by sally

“The Law Commission’s Annual Report for 2008-09”

Full report

Law Commission, 8th July 2009

Source: www.lawcom.gov.uk

Cocaine swallower gets six years – UK Border Agency

Posted July 8th, 2009 in drug offences, press releases, sentencing by sally

“A Nigerian man who tried to smuggle cocaine into the West Midlands has been jailed for six years at Manchester Crown Court.”

Full press release

UK Border Agency, 6th July 2009

Source: http://www.ukba.homeoffice.gov.uk

A web page can be prior art without its authenticity being proved ‘up to the hilt’ – OUT-LAW.com

Posted July 8th, 2009 in internet, news, patents, standard of proof by sally

“An online news story that described a bank’s method for authenticating website visitors was valid evidence of prior art, the UK Intellectual Property Office (IPO) has ruled. The date on the web page could be taken at face value, it said.”

Full story

OUT-LAW.com, 7th July 2009

Source: www.out-law.com

Government White Paper sets out changes for UK consumer law – OUT-LAW.com

Posted July 8th, 2009 in consumer protection, electronic commerce, news by sally

“The UK Government will appoint a Consumer Advocate with powers to sue on behalf of consumers, the rules for selling digital downloads will change and the law of misrepresentation will be simplified, according to plans published on Thursday.”

Full story

OUT-LAW.com, 6th July 2009

Source: www.out-law.com

Children to Tell Parliament What Cuts in Legal Representation Mean for their Chances in the Family Justice System – The Bar Council

Posted July 8th, 2009 in children, family courts, legal aid, press releases by sally

“Parliamentarians, family barristers and children’s charities will today continue their discussions on vulnerable children and the law.  At a meeting in Parliament, chaired by Lord Thomas of Gresford QC, speakers from the Family Law Bar Association, Association of Lawyers for Children and the NSPCC, among others, will consider the dramatic impact that proposed cuts to family legal aid will have on vulnerable children and families.”

Full press release

The Bar Council, 7th July 2009

Source: www.barcouncil.org.uk

Cross-Party Group to Hear Concerns Over Future of Lawyers Doing Publicly Funded Work – The Bar Council

Posted July 8th, 2009 in legal aid, legal profession, press releases by sally

“An influential all-party group of MPs and Peers will today hear wide-ranging concerns voiced regarding the future supply of lawyers with the skills to do publicly funded work in the justice system.”

Full press release

The Bar Council, 6th July 2009

Source: www.barcouncil.org.uk

G20 report calls for riot policing review – The Independent

Posted July 8th, 2009 in demonstrations, news, police by sally

“Her Majesty’s Chief Inspector of Constabulary, Denis O’Connor, said senior officers were too focused on dealing with disorder, and not enough on allowing peaceful protest.”

Full story

The Guardian, 7th July 2009

Source: www.independent.co.uk

Radical preacher sent back to jail – The Independent

Posted July 8th, 2009 in news, release on licence, sentencing by sally

“The radical Islamic preacher Abu Izzadeen has been recalled to jail after breaking the terms of his release, prison sources said today.”

Full  story

The Independent, 8th July 2009

Source: www.independent.co.uk

Jail for woman, 21, who groomed schoolgirl – The Independent

Posted July 8th, 2009 in children, news, sentencing, sexual grooming, sexual offences by sally

“A woman was jailed for 20 months yesterday for what is believed to be the first case of an adult female grooming a schoolgirl for sex.”

Full story

The Independent, 8th July 2009

Source: www.independent.co.uk

Court’s reversal of pesticides decision prompts accusations of whitewash – The Guardian

Posted July 8th, 2009 in appeals, environmental health, news, pesticides by sally

“Court rules in favour of government after Georgina Downs last year won case based on ‘solid evidence’ of harm from crop spraying.”

Full story

The Guardian, 7th July 2009

Source: www.guardian.co.uk