BAILII: Recent Decisions

Posted July 14th, 2009 in law reports by sally

Court of Appeal (Civil Division)

DA (Colombia) v Secretary of State for the Home Department [2009] EWCA Civ 682 (13 July 2009)

Bourne Leisure Ltd (t/a British Holidays) v Marsden [2009] EWCA Civ 671 (13 July 2009)

Highland Crusader Offshore Partners LP & Ors v Deutsche Bank AG & Anor [2009] EWCA Civ 725 (13 July 2009)

Court of Appeal (Criminal Division)

Knaggs v R. [2009] EWCA Crim 1363 (13 July 2009)

High Court (Administrative Court)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009)

High Court (Chancery Division)

S & D Property Investments Ltd v Nisbet [2009] EWHC 1726 (Ch) (13 July 2009)

High Court (Commercial Court)

Geofizika DD v MMB International Ltd [2009] EWHC 1675 (Comm) (10 July 2009)

Midgulf International Ltd v Groupe Chimiche Tunisien [2009] EWHC 1684 (Comm) (13 July 2009)

High Court (Queen’s Bench Division)

Stokes v London Borough of Brent [2009] EWHC 1426 (QB) (10 July 2009)

Green v Sunset & Vine Productions Ltd & Ors [2009] EWHC 1610 (QB) (13 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 14th, 2009 in legislation by sally

The General Dental Council (Constitution of Committees) Rules Order of Council 2009

The Transfer of Functions of the Charity Tribunal Order 2009

The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009

The National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2009

The Overseas Companies Regulations 2009

Source: www.opsi.gov.uk

Regina v Athwal and Another – Times Law Reports

Posted July 14th, 2009 in law reports by sally

Regina v Athwal and Another

Court of Appeal

“Chapter 2 of Part 11 of the Criminal Justice Act 2003 provided a comprehensive code on the admissibility of hearsay in criminal proceedings.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

Everitt v Budhram (a Bankrupt) and Another – Times Law Reports

Posted July 14th, 2009 in law reports by sally

Everitt v Budhram (a Bankrupt) and Another

Chancery Division

“The needs of a bankrupt could include his financial, medical, emotional and mental needs.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

Ul-Haq and Another v Shah – Times Law Reports

Posted July 14th, 2009 in fraud, law reports, personal injuries, striking out by sally

Ul-Haq and Another v Shah

Court of Appeal

“It was not possible to strike out a genuine claim on the ground that the claimant had been involved in a fraud upon the court in respect of an associated claim.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

Government steps-up fight against organised crime – Home Office

Posted July 14th, 2009 in assets recovery, press releases, proceeds of crime by sally

“The government’s new strategy on serious organised crime introduces plans to create a more hostile environment for organised criminals by seizing assets and shutting businesses.”

Full press release

Home Office, 13th July 2009

Source: www.homeoffice.gov.uk

Ryanair agrees website clarifications with OFT – OUT-LAW.com

Posted July 14th, 2009 in advertising, airlines, news by sally

“Ryanair will change the way it advertises its services after being referred to the Office of Fair Trading (OFT) by advertising regulator the Advertising Standards Agency (ASA).”

Full story

OUT-LAW.com, 13th July 2009

Source: www.out-law.com

Foxtons’ contracts were unfair because key terms were hidden, rules High Court – OUT-LAW.com

Posted July 14th, 2009 in estate agents, news, unfair contract terms by sally

“The terms and conditions in a letting agency’s contracts with landlords were unfair, the High Court has said. The agency, Foxtons, must now change the way it contracts with landlords.”

Full story

OUT-LAW.com, 13th July 2009

Source: www.out-law.com

‘Revenge killing’ gunman jailed – BBC News

Posted July 14th, 2009 in gangs, murder, news, sentencing by sally

“A gunman who shot a rival gang member in a north London barber shop as ‘payback’ for two other deaths has been jailed for life for murder.”

Full story

BBC News, 13th July 2009

Source: www.bbc.co.uk

‘Strangler’ awaits appeal verdict – BBC News

Posted July 14th, 2009 in appeals, diminished responsibility, mental health, news by sally

“The man dubbed the Stockwell Strangler for the murders of seven people will find out later if an appeal on mental health grounds has been successful.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Iraqi interpreters to sue MoD for not protecting them – Daily Telegraph

Posted July 14th, 2009 in armed forces, duty of care, interpreters, Iraq, news by sally

“A total of 25 claimants, most of them interpreters, claim they were owed a duty of care by the Government and are expected to launch legal action later this week, according to the BBC.”

Full story

Daily Telegraph, 14th July 2009

Source: www.telegraph.co.uk

Max Clifford plans court action over News of the World’s hacking – The Guardian

Posted July 14th, 2009 in improper use of telecommunications, media, news by sally

“The celebrity publicist MAx Clifford is starting a legal action against the News of the World to uncover any role its journalists may have played in intercepting messages left on his mobile phone.”

Full story

The Guardian, 14th July 2009

Source: www.guardian.co.uk

Retirement age review brought forward – The Independent

Posted July 13th, 2009 in news, retirement by sally

“A review of the so-called default retirement age, which allows employers to require staff to retire at 65, is to be brought forward by a year, the Government announced today.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Organised crime groups one step ahead of police, Home Office admits – The Times

Posted July 13th, 2009 in news, proceeds of crime, tax evasion by sally

“Tax investigations of the kind used to convict Al Capone are to be used to tackle the 30,000 organised criminals who cost the UK up to £40 billion a year.”

Full story

The Times, 13th July 2009

Source: www.timesonline.co.uk

Judge secures injunction against ‘snarling’ dogs next door – Daily Telegraph

Posted July 13th, 2009 in dogs, injunctions, news by sally

“District judge Araba Obadai has found herself on the other side of the court for the last 18 months over a long-running feud with her neighbour over his Doberman dogs.”

Full story

Daily Telegraph, 13th July 2009

Source: www.telegraph.co.uk

Pond death toddler’s parents to repay compensation – The Independent

Posted July 13th, 2009 in appeals, compensation, duty of care, news by sally

“The parents of a toddler who drowned in a pond at a holiday park were today ordered to repay their compensation award.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Caretaker jailed after poisoning lover’s omelette – Daily Telegraph

Posted July 13th, 2009 in arson, murder, news, sentencing by sally

“A school caretaker called Stephen Singer was jailed for life on Monday for killing his lover Dina Sharpe after lacing her omelette with sleeping pills.”

Full story

Daily Telegraph, 13th July 2009

Source: www.telegraph.co.uk

Aristocrat fined for road offence – BBC News

Posted July 13th, 2009 in fines, news, road traffic offences by sally

“An aristocrat aged 82 has been fined after she was found guilty of driving without due care and attention in an incident which preceded a fatal crash.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

E, R (on the application of) v Governing Body of JFS & Anor [2009] EWCA Civ 681 (10 July 2009)

Secretary of State for the Home Department v QY (China) [2009] EWCA Civ 680 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 726 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 670 (10 July 2009)

High Court (Administrative Court)

Forest Heath District Council & Ors v The Electoral Commission & Ors [2009] EWHC 1682 (Admin) (10 July 2009)

Moghaddam v London Borough of Hammersmith & Fulham [2009] EWHC 1670 (Admin) (10 July 2009)

Hay v HM Treasury [2009] EWHC 1677 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1687 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009)

HIgh Court (Chancery Division)

Sharma & Anor v Farlam Ltd & Ors [2009] EWHC 1622 (Ch) (10 July 2009)

Brazzill & Ors v Willoughby & Ors [2009] EWHC 1633 (Ch) (10 July 2009)

PNPF Trust Company Ltd (Pilots’ National Pension Fund, trustee of) v Taylor & Ors [2009] EWHC 1693 (Ch) (10 July 2009)

The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch) (10 July 2009)

High Court (Patents Court)

Novartis AG & Anor v Johnson & Johnson Medical Ltd (t/a Johnson & Johnson Vision Care) & Anor [2009] EWHC 1671 (Pat) (10 July 2009)

High Court (Queen’s Bench Division)

A v Enskat [2009] EWHC 1630 (QB) (10 July 2009)

MGN Ltd v Horton [2009] EWHC 1680 (QB) (10 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 13th, 2009 in legislation by sally

The M57 Motorway Junction 7 (Switch Island) (Speed Limits) Regulations 2009

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009

The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009

The Registrar of Companies and Applications for Striking Off Regulations 2009

The General Dental Council (Constitution) Order 2009

The Data Protection (Processing of Sensitive Personal Data) Order 2009

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009

The Banking Act 2009 (Restriction of Partial Property Transfers) (Amendment) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 8) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 9) 2009

The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2009

The International Monetary Fund (Limit on Lending) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 10) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 11) 2009

The National Health Service Trusts (Transfer of Staff, Property, Rights and Liabilities) (Wales) Order 2009

The Local Health Boards (Transfer of Staff, Property, Rights and Liabilities) (Wales) Order 2009

Source: www.opsi.gov.uk