Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – WLR Daily

Posted July 29th, 2009 in hospitals, human rights, law reports, smoking by sally

Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health [2009] EWCA Civ 795; [2009] WLR (D) 260

“A policy of banning smoking in the premises of an NHS trust, which had the effect of prohibiting smoking for those detained in a high security psychiatric hospital, did not contravene the patients’ human rights and was lawful.”

WLR Daily, 28th 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.

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

Posted July 29th, 2009 in control orders, law reports by sally

Secretary of State for the Home Department v GG [2009] EWCA Civ 786; [2009] WLR (D) 25

“There was no power to include in a control order a general requirement to submit to searches of the person.”

WLR Daily, 28th 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.

Desmond v Bower – WLR Daily

Posted July 29th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower [2009] EWCA Civ 667; [2009] WLR (D) 258

“The reasoning of the judge refusing the defendant in a libel trial permission to call evidence of discreditable behaviour by the claimant subsequent to the alleged libel was a matter of law in which the appellate court was entitled to intervene. Evidence of discreditable behaviour similar to that described in the alleged libel could be admitted even though the evidence concerned behaviour subsequent to the libel.”

WLR Daily, 28th 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.

Office of Fair Trading vs Foxtons Ltd – Times Law Reports

Posted July 29th, 2009 in estate agents, news, unfair contract terms by sally

Office of Fair Trading vs Foxtons Ltd

Chancery Division

“Provisions in an estate agent’s standard terms and conditions of its letting contracts with landlords relating to renewal commission, third party renewal commission and sales commission were unfair.”

The Times, 29th July 2009

Source: www.timesonline.co.uk

Ryan v Islington London Borough Council – Times Law Reports

Posted July 29th, 2009 in law reports by sally

Ryan v Islington London Borough Council

Court of Appeal

“A tenant who wished to acquire her local authority flat under the right to buy scheme could not require the local authority to carry out remedial works to the property as a precondition to complying with a notice to complete.”

The Times, 29th July 2009

Source: www.timesonline.co.uk

Boyfriend sentenced to life in jail for murder of Amy Leigh Barnes – The Times

Posted July 29th, 2009 in news by sally

“A football coach was told that he would spend at least 24 years in prison after he was found guilty yesterday of murdering his girlfriend, a model, who named her killer with her dying words.”

Full story

The Times, 29th July 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted July 29th, 2009 in legislation by sally

The Categories of Gaming Machine (Amendment) Regulations 2009

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

The School Teachers’ Incentive Payments (England) Order 2009

The Air Navigation (Restriction of Flying) (London Stansted Airport) (No. 2) Regulations 2009

The Merchant Shipping (Marine Equipment) (Amendment) Regulations 2009

The Further Education (Principals’ Qualifications) (England) (Amendment) (No. 2) Regulations 2009

The Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2009

The Armed Forces Act 2006 (Consequential Amendments) Order 2009

The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

The Armed Forces (Enlistment) Regulations 2009

The Police Pensions (Amendment) Regulations 2009

The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) (Amendment) Regulations 2009

The Food Irradiation (Wales) Regulations 2009

The National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc) (Wales) (Amendment) Regulations 2009

The School Admission Appeals Code (Appointed Day) (Wales) Order 2009

Source: www.opsi.gov.uk

Hacker’s ‘moral crusade’ over UFO – BBC News

Posted July 29th, 2009 in computer crime, extradition, news by sally

“A Briton fighting extradition to the US for hacking into top-secret computers claims he was morally justified in breaking the law.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 29th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Bannister, R. v [2009] EWCA Crim 1571 (28 July 2009)

CPS (Durham) v N [2009] EWCA Crim 1573 (28 July 2009)

Charles, R v [2009] EWCA Crim 1570 (28 July 2009)

K, R. v [2009] EWCA Crim 1640 (28 July 2009)

Court of Appeal (Civil Division)

Somerset County Council & Anor v Pike [2009] EWCA Civ 808 (28 July 2009)

George v Allied Healthcare (UK) [2009] EWCA Civ 756 (28 July 2009)

SRM Global Master Fund Lp & Ors v Her Majesty’s Treasury [2009] EWCA Civ 788 (28 July 2009)

Bookmakers’ Afternoon Greyhound Services Ltd & Ors v Amalgamated Racing Ltd & Ors [2009] EWCA Civ 750 (28 July 2009)

High Court (Chancery Division)

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd & Anor [2009] EWHC 1912 (Ch) (28 July 2009)

High Court (Queen’s Bench Division)

Revenue & Customs Prosecutions Office v May & Anor [2009] EWHC 1826 (QB) (22 July 2009)

Willmore v Knowsley Metropolitan Borough Council [2009] EWHC 1831 (QB) (24 July 2009)

High Court (Administrative Court)

Mohan, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1949 (Admin) (28 July 2009)

Yollari & Anor, R (on the application of) v Secretary of State for Transport & Anor [2009] EWHC 1918 (Admin) (28 July 2009)

Yeong v General Medical Council [2009] EWHC 1923 (Admin) (28 July 2009)

AN, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1921 (Admin) (28 July 2009)

High Court (Commercial Court)

Compania Sud-Americana De Vapores S.A. v Nippon Yusen Kaisha [2009] EWHC 1606 (Comm) (09 July 2009)

Source: www.bailii.org

Court of Appeal ruling highlights value of website disclaimers – OUT-LAW.com

Posted July 29th, 2009 in duty of care, internet, news by sally

“Websites can owe a duty of care to people who visit them and rely on the information they provide, England’s Court of Appeal has said. But while misstatements may provoke lawsuits, website warnings will mitigate liability, according to the ruling.”

Full story

OUT-LAW.com, 29th July 2009

Source: www.out-law.com

Judges rule skill of police officers irrelevant to dangerous driving – Daily Telegraph

Posted July 29th, 2009 in dangerous driving, news, police by sally

“The ‘special skill’ of a police driver is ‘an irrelevant circumstance’ when considering whether driving is dangerous, three judges have ruled.”

Full story

Daily Telegraph, 28th July 2009

Source: www.telegraph.co.uk

Law Society to students: legal career may be too risky – The Lawyer

Posted July 29th, 2009 in Law Society, legal profession, news by sally

“The Law Society is set to launch a campaign warning students to think twice about embarking on a career in law.”

Full story

The Lawyer, 28th July 2009

Source: www.thelawyer.com

Britain’s biggest DVD pirates jailed – The Guardian

Posted July 29th, 2009 in conspiracy, copyright, news, sentencing, trade marks by sally

“A father and his two sons who kept dozens of Chinese workers in virtual slavery to run Britain’s biggest DVD piracy operation were jailed for a total of 16 years today.”

Full story

The Guardian, 28th July 2009

Source: www.guardian.co.uk

Mental health killings increase – BBC News

Posted July 29th, 2009 in homicide, mental health, news, statistics, suicide by sally

“The number of people killed by those with a mental illness increased between 1997 and 2005, official figures show.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

Immigration rules are a drain on the country, says Judge Ian Trigger – Daily Telegraph

Posted July 29th, 2009 in drug trafficking, immigration, news by sally

“Judge Ian Trigger has described Britain’s immigration system as ‘completely lax’ and claimed it partly contributed to rising national debt.”

Full story

Daily Telegraph, 29th July 2009

Source: www.telegraph.co.uk

File loss blunder in rape case – BBC News

Posted July 29th, 2009 in DNA, double jeopardy, evidence, news, rape by sally

“A man suspected of raping a woman 12 years ago cannot face prosecution, as the police have lost the case file.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

Diego Garcia rendition victim challenges UK in court – The Guardian

Posted July 29th, 2009 in Diego Garcia, intelligence services, news, rendition, terrorism, torture by sally

“The government is refusing to provide details of the torture and wrongful detention of a man rendered through British territory, it was claimed today, depriving him of a remedy for ‘serious civil and criminal wrongdoing’.”

Full story

The Guardian, 28th July 2009

Source: www.guardian.co.uk

Cyclist’s family awarded £580,000 – BBC News

Posted July 29th, 2009 in accidents, compensation, insurance, news by sally

“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of £580,000.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

Northern Rock investors lose compensation appeal – The Times

Posted July 29th, 2009 in news by sally

“Former shareholders in Northern Rock, the state-owned bank, today (28 July) lost their second legal challenge over the Government’s compensation scheme.”

Full story

The Times, 28th July 2009

Source: www.timesonline.co.uk

MoD challenges payments for injured soldiers – The Guardian

Posted July 29th, 2009 in armed forces, compensation, news, personal injuries by sally

“The Ministry of Defence today brushed aside criticism of its attempt to cut compensation for wounded soldiers, telling the court of appeal that payments should be limited to the soldier’s initial injury and not include subsequent disabilities.”

Full story

The Guardian, 28th July 2009

Source: www.guardian.co.uk