BAILII – Recent Decisions

Posted October 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

S & Anor, R. v [2008] EWCA Crim 2177 (09 October 2008)

High Court (Administrative Court)

Royal Society for the Prevention of Cruelty To Animals (RSPCA), R (on the application of) v The Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2321 (Admin) (07 October 2008)

High Court (Family Division)

M & Anor (Children) [2008] EWHC 2281 (Fam) (06 October 2008)  

Source: www.bailii.org

Symbian Ltd v Comptroller General of Patents – WLR Daily

Posted October 10th, 2008 in computer programs, law reports, patents by sally

Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310

A patent application concerning a method of accessing data in a dynamic link library in a computing device was not excluded from registration under s 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program ‘as such’, since it involved a technical contribution to the prior art which would enable computers and related devices to work faster and more reliably.”

WLR Daily, 9th October 2008

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.

St George v Home Office – WLR Daily

Posted October 10th, 2008 in drug abuse, law reports, negligence, personal injuries by sally

St George v Home Office [2008] EWCA Civ 1068; [2008] WLR (D) 309

When a person who was an addict suffered a seizure while he was in custody as a result of withdrawal from addiction, and then fell and suffered injury, regard was to be had, when considering the claimant’s possible contributory negligence and whether the resulting damage was the result ‘partly of his own fault’, to the question whether the addiction was a ‘potent cause’ of the damage.”

WLR Daily, 9th October 2008

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.

Online complaints plan on hold – Law Society’s Gazette

Posted October 10th, 2008 in complaints, internet, news, solicitors by sally

“Controversial plans to publish complaints against solicitors online have been shelved. In a long-awaited decision, the Legal Complaints Service (LCS) this week said it still favours the idea – but passed responsibility for any scheme to its successor body, which comes into being in 2010.”

Full story

Law Society’s Gazette, 8th October 2008

Source: www.lawgazette.co.uk

Public Guardian Board open meeting – Ministry of Justice

Posted October 10th, 2008 in mental health, powers of attorney, press releases by sally

“Justice Minister Bridget Prentice has given a speech at the first open meeting of the Public Guardian Board, a body set up under the Mental Capacity Act to scrutinise and review the work of the Office of the Public Guardian.”

Full press release

Ministry of Justice, 8th October 2008

Source: www.justice.gov.uk

Reducing reoffending in London – Ministry of Justice

Posted October 10th, 2008 in consultations, press releases, prisons, probation, recidivists 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.”

Full press release

Ministry of Justice, 8th October 2008

Source: www.justice.gov.uk

Attorney General welcomes independent report on Fraud Prosecutions Service – Attorney General’s Office

Posted October 10th, 2008 in fraud, press releases, prosecutions by sally

“Attorney General welcomes independent report on Fraud Prosecutions Service.”

Full press release

Attorney General’s Office, 9th October 2008

Source: www.attorneygeneral.gov.uk

MPs’ smacking ban attempt fails – BBC News

Posted October 10th, 2008 in children, corporal punishment, news by sally

“A cross-party group of MPs has failed to force through a ban on smacking children in England and Wales.”

Full story

BBC News, 8th October 2008

Source: www.bbc.co.uk

Council fined over theatre safety – BBC News

Posted October 10th, 2008 in fines, health & safety, news, theatre by sally

“A council has been fined a maximum £45,000 after a teacher fell down a lift shaft backstage at a theatre while preparing for the Urdd eisteddfod.”

Full story

BBC News, 9th October 2008

Source: www.bbc.co.uk

Half of state schools are breaking admissions rules, inquiry finds – The Guardian

Posted October 10th, 2008 in education, news by sally

“Half of state schools in England are in breach of new rules on admissions, according to the chief adjudicator, Sir Philip Hunter.”

Full story

The Guardian, 10th October 2008

Source: www.guardian.co.uk

Apology over Pc ‘killer’ report – BBC News

Posted October 10th, 2008 in defamation, news, police by sally

“A Met police officer has accepted a public apology over a false claim that he ran down and killed a teenage thief.”

Full story

BBC News, 9th October 2008

Source: www.bbc.co.uk

Elderly in private care homes win better rights – Daily Telegraph

Posted October 10th, 2008 in care homes, complaints, news by sally

“Pensioners and their families will benefit from a new complaints system and tougher inspections for their homes.”

Full story

Daily Telegraph, 10th October 2008

Source: www.telegraph.co.uk

Lost data: Details of 100,000 Armed Forces personnel missing – Daily Telegraph

Posted October 10th, 2008 in armed forces, data protection, news by sally

“A computer hard drive with the private details of 100,000 members of the Armed Forces is missing, the Ministry of Defence has said.”

Full story

Daily Telegraph, 10th October 2008

Source: www.telegraph.co.uk

Pitcairn victims of child sex abuse win compensation – The Guardian

“Victims of child sex abuse on Pitcairn island, the remote British outpost in the South Pacific, will receive compensation from the British government, the Foreign Office announced yesterday.”

Full story

The Guardian, 10th October 2008

Source: www.guardian.co.uk

NHS complaints going unheeded – The Guardian

Posted October 10th, 2008 in complaints, health, news by sally

“The NHS in England is failing to learn from more than 130,000 complaints it receives each year from patients, parliament’s spending watchdog said today.”

Full story

The Guardian, 10th October 2008

Source: www.guardian.co.uk

Jail sentence for nuisance caller – BBC News

Posted October 9th, 2008 in assault, news, nuisance, sentencing, telecommunications by sally

“A man who made more than a 100 abusive and threatening calls mainly to women has been jailed for four years.”

Full story

BBC News, 9th October 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 9th, 2008 in law reports by sally

High Court (Chancery Division)

Les Laboratoires Servier & Anor v Apotex Inc & Ors [2008] EWHC 2347 (Ch) (9 October 2008)

Courts Plc (In Liquidation) [2008] EWHC 2339 (Ch) (09 October 2008)

High Court (Queen’s Bench Division)

Williams v Jervis (Lex Komatsu) [2008] EWHC 2346 (QB) (08 October 2008)

Source: www.bailii.org

Judge attacks ‘miserable’ bin laws as serial fly-tipper escapes prison sentence – Daily Telegraph

Posted October 9th, 2008 in environmental protection, news, sentencing, waste by sally

“A judge has criticised sentencing guidelines which prevented him sending a serial fly-tipper to prison while ‘decent, law-abiding citizens’ fear punishment after falling foul of council bin rules.”

Full story

Daily Telegraph, 9th October 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted October 9th, 2008 in legislation by sally

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2008

The Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) (Amendment) Regulations 2008

The Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2008

The Overseas Insurers (Tax Representatives) (Amendment) Regulations 2008

The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment) Regulations 2008

The Taxation of Benefits under Government Pilot Schemes (Better off in Work Credit) Order 2008

The Income Tax (Pay As You Earn) (Amendment) (No.2) Regulations 2008

The Hydrocarbon Oil (Supply of Rebated Heavy Oil) (Payment of Rebate) Regulations 2008

The Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft) (Payment of Rebate etc.) Regulations 2008

The Wool Textile Industry (Export Promotion Levy) (Revocation) Order 2008

The Air Navigation (Environmental Standards For Non-EASA Aircraft) Order 2008

Source: www.opsi.gov.uk

Killer of champion boxer James Oyebola is jailed for life – The Guardian

Posted October 9th, 2008 in murder, news, sentencing by sally

“The gunman who shot dead the former British boxing champion James Oyebola in a row over smoking was jailed for life today.”

Full story

The Guardian, 9th October 2008

Source: www.guardian.co.uk