BAILII: Recent Decisions

Posted July 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Allen & Ors v GMB [2008] EWCA Civ 810 (16 July 2008)

Strachey v Ramage [2008] EWCA Civ 804 (16 July 2008)

Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)

Allen, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 808 (15 July 2008)

High Court (Queen’s Bench Division)

Johnson v Luxcool Ltd & Ors [2008] EWHC 1591 (QB) (15 July 2008)

High Court (Chancery Division)

Lexi Holdings v Luqman & Anor [2008] EWHC 1639 (Ch) (16 July 2008)

IB4AI Llc v Auriel Capital [2008] EWHC 1571 (Ch) (23 June 2008)

High Court (Administrative Court)

E v The Governing Body of JFS & Anor [2008] EWHC 1665 (Admin) (16 July 2008)

Murphy v Media Protection Services Ltd [2008] EWHC 1666 (Admin) (16 July 2008)

Nobbs v Director of Public Prosecutions [2008] EWHC 1653 (Admin) (27 June 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 17th, 2008 in legislation by sally

The Council Tax Limitation (Maximum Amounts) (England) Order 2008

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Slovenia) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Moldova) Order 2008

The Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2008

The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008

The Ministerial and other Salaries Order 2008

The Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2008

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008

The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Saudi Arabia) Order 2008

The Films Co-Production Agreements (Amendment) Order 2008

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2008

The Merchant Shipping (Liner Conferences) (Gibraltar) (Repeal) Order 2008

The Air Navigation (Amendment) Order 2008

The European Communities (Designation) (No. 2) Order 2008

The Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008

The Army Terms of Service (Amendment etc.) Regulations 2008

The Childcare Act 2006 (Provision of Information) (Wales) (Amendment) Regulations 2008

The North East Wales National Health Service Trust (Dissolution) Order 2008

The Conwy and Denbighshire National Health Service Trust (Dissolution) Order 2008

The North East Wales National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008

The Education Act 2002 (Commencement No. 12) (Wales) Order 2008

The Education (National Curriculum) (Foundation Stage) (Wales) Order 2008

The Education (Disapplication of the National Curriculum for Wales at Key Stage 1) (Wales) Regulations 2008

The Education (School Day and School Year) (Wales) (Amendment) Regulations 2008

The Pigs (Records, Identification and Movement) (Wales) Order 2008

Source: www.opsi.gov.uk

Lord Mayor’s Dinner For The Judges – Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales

Posted July 17th, 2008 in judiciary, speeches by sally

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales (PDF)

Lord Mayor’s Dinner For The Judges, 15th July 2008

Source: www.judiciary.gov.uk

Practice Direction (Administrative Court: Uncontested proceedings) – Times Law Reports

Posted July 17th, 2008 in Administrative Court, law reports, practice directions by sally

Practice Direction (Administrative Court: Uncontested proceedings)

Queen’s Bench Division

“Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.”

The Times, 17th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa – Times Law Reports

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa

Court of Appeal (Criminal Division)

“A 12-month prison sentence for using a false passport was appropriate even though it had not been used to gain entry to the United Kingdom but in order to obtain work.”

The Times, 17th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Westcott v Westcott – WLR Daily

Posted July 17th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241

A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”

WLR Daily, 16th July 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.

Uzinterimpex JSC v Standard Bank plc – WLR Daily

Posted July 17th, 2008 in conversion, damages, law reports by sally

Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819; [2008] WLR (D) 240

“The general principle that damages in tort were to provide just compensation for the loss suffered in the particular circumstances of the case applied to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act.”

WLR Daily, 16th July 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.

Roberts v Gill & Co and another – WLR Daily

Posted July 17th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239

Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”

WLR Daily, 16th July 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.

The Form of Judgments in Common Law Jurisdictions: A Comparison – Speech by The Rt Hon Lady Justice Arden DBE

Posted July 17th, 2008 in judgments, speeches by sally

The Form of Judgments in Common Law Jurisdictions: A Comparison (PDF)

Speech by The Rt Hon Lady Justice Arden DBE

Conference in honour of Lord Bingham, 20th June 2008

Source: www.judiciary.gov.uk

CPS publishes policy on prosecuting crimes against older people – Crown Prosecution Service

Posted July 17th, 2008 in Crown Prosecution Service, elderly, news by sally

“The Director of Public Prosecutions, Sir Ken Macdonald, QC, said the Crown Prosecution Service was making clear to the public that it takes crime against older people seriously as a policy published today sets out how it handles these cases.”

Full story

Crown Prosecution Service, 15th July 2008

Source: www.cps.gov.uk

Juvenile informers are the answer to knife crime wave – The Times

Posted July 17th, 2008 in investigatory powers, news, offensive weapons, young offenders by sally

“There is something very flawed about the Government’s response to knife crime. To be fair, none of the political parties has come up with an effective way of tackling the problem.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk

Compensation call over Equitable – BBC News

Posted July 17th, 2008 in compensation, insurance, maladministration, news by sally

“Ministers should set up a compensation fund for policyholders in the Equitable Life, the Parliamentary Ombudsman says.”

Full story

BBC News, 17th July 2008

Source: www.bbc.co.uk

Call for reform as UK data protection rules turn 10 – The Register

Posted July 17th, 2008 in data protection, news by sally

“The UK’s Data Protection Act turned ten years old on Wednesday amid calls to either update [sic] the legislation or enforce the rules it established.”

Full story

The Register, 16th July 2008

Source: www.theregister.co.uk

‘Barristers are prima donnas in all sorts of different ways’ – The Times

Posted July 17th, 2008 in barristers, judiciary, women by sally

“The first woman High Court judge in the Commercial Court made a crucial career decision as a schoolgirl in the 1960s, when she was surprised to hear Lord Scarman’s ‘dinosaur-like views’ on women barristers.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk

Convicted drug dealers banned from owning more than one mobile phone – Daily Telegraph

Posted July 17th, 2008 in drug offences, news, telecommunications by sally

“Four convicted drug dealers have become the first criminals in England and Wales to be banned from owning or using more than one mobile telephone, under new police powers.”

Full story

Daily Telegraph, 17th July 2008

Source: www.telegraph.co.uk

Sir Cliff Richard pins hopes on law that will keep cash rolling in until he’s 113 – The Times

Posted July 17th, 2008 in copyright, EC law, news, retrospectivity by sally

“The rock dinosaurs of the 1960s are in line for a spectacular windfall after the EU announced plans yesterday to extend musicians’ entitlement to retrospective royalties from 50 to 95 years.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk

Child killing report ‘scandalous’ – BBC News

Posted July 17th, 2008 in children, homicide, mental health, news, social services by sally

“Health professionals failed to assess the risk a mentally ill mother posed to her two young children, a report into their deaths has found.”

Full story

BBC News, 17th July 2008

Source: www.bbc.co.uk

Raids planned for companies breaking data protection laws – Daily Telegraph

Posted July 17th, 2008 in data protection, news by sally

“The Government’s information watchdog is to be given expanded powers to raid companies suspected of breaking data protection rules.”

Full story

Daily Telegraph, 17th July 2008

Source: www.telegraph.co.uk

Women lawyers and the City: where are they? – The Times

Posted July 17th, 2008 in solicitors, special report, women by sally

“Last month marked 793 years since Magna Carta was signed, a great step forward for the cause of liberty in Britain. Yet although there has been much progress over these eight centuries, there is one area of shame for lawyers like myself — that opportunities for high-flying women in our profession seem more suited to the 13th than the 21st century.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk

Witness anonymity bill is passed – BBC News

Posted July 17th, 2008 in anonymity, bills, news, witnesses by sally

“Emergency legislation to allow witnesses in sensitive criminal trials to give evidence anonymously has cleared Parliament.”

Full story

BBC News, 16th July 2008

Source: www.bbc.co.uk