BAILII: Recent Decisions

Posted March 27th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Horden, R. v [2009] EWCA Crim 388 (20 February 2009)

C, R. v [2009] EWCA Crim 446 (20 February 2009)

Squires, R. v [2009] EWCA Crim 398 (20 February 2009)

High Court (Commercial Court)

AXA Insurance Ltd v Akther & Darby Solicitors & Ors [2009] EWHC 635 (Comm) (27 March 2009)

Source: www.bailii.org

Corporation Tax Act 2009

Posted March 27th, 2009 in corporation tax, legislation by sally

Corporation Tax Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

AF (Jamaica) v Secretary of State for the Home Department – WLR Daily

Posted March 27th, 2009 in deportation, human rights, law reports, married persons by sally

AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240; [2009] WLR (D) 112

“In considering whether it was consistent with the right to respect for family life to require the wife and children of a man whose deportation had been ordered to accompany him in deportation the court should look at the issue from the point of view of the wife and children and not just of the potential deportee. It was not enough that there were no insuperable obstacles to their moving because the ultimate test was one of proportionality.”

WLR Daily, 26th March 2009

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council – Times Law Reports

Posted March 27th, 2009 in law reports, planning, repairs by sally

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council

Queen’s Bench Division

“Where only part of a building was in such condition as to affect adversely the amenity of the area, the local planning authority had no power to serve a notice requiring the taking of remedial steps on those occupying other parts of the building.”

The Times, 27th March 2009

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.

In re Rottmann (a Bankrupt) – Times Law Reports

Posted March 27th, 2009 in bankruptcy, law reports, self-incrimination by sally

In re Rottmann (a Bankrupt)

Court of Appeal

“The court had power to order the examination of a bankrupt be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 27th March 2009

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.

Youell and Others v La Reunion Aerienne – Times Law Reports

Posted March 27th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell and Others v La Reunion Aerienne

Court of Appeal

“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”

The Times, 27th March 2009

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.

Revolution needed to put victims at heart of justice system – Daily Telegraph

Posted March 27th, 2009 in criminal justice, news, victims by sally

“Victims are not at the heart of the criminal justice system and it would take a ‘revolution’ to put them there, the country’s leading support group warns today.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

Judges fail in Tribunal bid to extend working lives beyond 70 – The Times

Posted March 27th, 2009 in judiciary, news, retirement by sally

“Two judges fighting to work beyond the age of 70 have lost their case, the Tribunals Service has said. ”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

Scotland Yard sends written apologies after guilty verdict on chef who assaulted 71 women – The Independent

Posted March 27th, 2009 in news, police, sexual offences by sally

“One of Britain’s most prolific sex attackers could have been caught years earlier if it was not for a series of errors by police officers who continually missed chances to catch him.”

Full story

The Independent, 27th March 2009

Source: www.independent.co.uk

Chef accused of rape of drunken lawyer acquitted in 45 minutes – Daily Telegraph

Posted March 27th, 2009 in alcohol abuse, news, rape by sally

“A jury took just 45 minutes to acquit a chef wrongly accused of raping a lawyer who claimed she was took drunk to give her consent.”

Full story

Daily Telegraph, 27th March 2009

Source: www.telegraph.co.uk

Police launch investigation of MI5 over torture claims – The Independent

Posted March 27th, 2009 in intelligence services, news, torture by sally

“The security service, MI5, is to be investigated by the Metropolitan Police over allegations that its officers were complicit in the torture of a UK resident held by the US government for seven years.”

Full story

The Independent, 27th March 2009

Source: www.independent.co.uk

Tesco to challenge any person who looks under 25 if they buy alcohol – Daily Telegraph

Posted March 27th, 2009 in alcohol abuse, children, news by sally

“Tesco will insist that any shopper who looks under 25 must prove his or her age to buy alcohol, after it became the first supermarket to be taken to court for persistently selling alcohol to youngsters.”

Full story

Daily Telegraph, 27th March 2009

Source: www.telegraph.co.uk

Are government databases excessive? – The Times

Posted March 27th, 2009 in data protection, government departments, news, privacy by sally

“A report finds almost a quarter of major databases are illegal. Is the data storage disproportionate?”

Full story

The Times, 27th March 2009

Source: www.timesonline.co.uk

Objection! Judges reject new robes – The Independent

Posted March 27th, 2009 in court dress, judiciary, news by sally

“The English judiciary has long been regarded as a bastion of conservative mores and sartorial continuity. So when, 10 months ago, former designer of the year Betty Jackson ripped up 300 years of tradition by introducing a new robe for some of England’s most trenchant legal minds, her chutzpah raised eyebrows far beyond the High Court.”

Full story

The Independent, 27th March 2009

Source: www.independent.co.uk

BT direct debit rebel loses case – BBC News

Posted March 27th, 2009 in contracts, news, utilities by sally

“A Nottingham man who took BT to court after being cut off in a row over how to pay his bill has lost his case.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk

Domestic violence: 18 new special courts announced – Ministry of Justice

Posted March 27th, 2009 in courts, domestic violence, news, victims by sally

“Victims of Domestic Violence will receive extra help and support from 18 new Specialist Domestic Violence Courts, Justice Minister Bridget Prentice announced today.”

Full story

Ministry of Justice, 26th March 2009

Source: www.justice.gov.uk

Charon Reports: Cheating or taking professional advice? – Charon QC

Posted March 26th, 2009 in legal education, podcasts by sally

“Today I talked to John Foster, spokesman for Oxbridge Training Contracts about the legality of his service, his view of the ethics and exactly what Oxbridge Training Contracts is actually offering to students who wish to use their services. We also talk about the provision of model answers, tailored to specific questions put by the student client, and the problems that could arise if a student submits these model answers as their own work for coursework assessment.”

Podcast

Charon QC, 24th March 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Recent Statutory Instruments – OPSI

Posted March 26th, 2009 in legislation by sally

The South London Healthcare National Health Service Trust (Establishment) and the Bromley Hospitals National Health Service Trust, the Queen Elizabeth Hospital National Health Service Trust and the Queen Mary’s Sidcup National Health Service Trust (Dissolution) Order 2009

The Enactment of Extra-Statutory Concessions Order 2009

The Official Statistics Order 2009

Source: www.opsi.gov.uk

Magistrate ‘fell asleep’ during trial – Daily Telegraph

Posted March 26th, 2009 in magistrates, news by sally

“A magistrate, John Harrison, is under investigation after reportedly falling asleep during a teenager’s trial for an alleged assault.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

Gurkhas resume settlement battle – BBC News

Posted March 26th, 2009 in armed forces, Gurkhas, news by sally

“The government may be ‘humiliated’ into complying with a timetable to change its immigration policy on Gurkha veterans, a solicitor has said.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk