Ministers win vote on gay hatred – BBC News
“An attempt to insert a defence of ‘free speech’ into a bill designed to criminalise incitement to hatred over sexual orientation has failed.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Barnett v Secretary of State for Communities and Local Government and another – WLR Daily
Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107
“The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission. Where full planning permission was granted for the construction of buildings, the grant approved the application plans and drawings unless the grant expressly stated otherwise.”
WLR Daily, 24th March 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.
Hazel Blears’ standoff with Muslim Council overshadows new anti-terror launch
“A standoff between the communities secretary, Hazel Blears, and the Muslim Council of Britain was said last night to ‘cut to the heart’ of the government’s revised counter-terror strategy to challenge those who defend terrorism and violent extremism.”
The Guardian, 25th March 2009
Source: www.guardian.co.uk
Regina v Kousar – Times Law Reports
Court of Appeal (Criminal Division)
“A wife who knew her husband was storing business merchandise in the matrimonial home, acquiesced in it being there and did not demand its removal, was not in control or possession of the goods.”
The Times, 25th 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.
Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs – Times Law Reports
Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs
Court of Appeal
“An outsourcing company responsible for calculating and paying the wages of workers employed by a labour provider to work for other businesses was not entitled to use its own employer reference when accounting for the tax on the workers’ wages because it was not the workers’ employer.”
The Times, 25th 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.
Regina v Billingham (Mark) Regina v Billingham (Justin) – Times Law Reports
Regina v Billingham (Mark) Regina v Billingham (Justin)
Court of Appeal (Criminal Division)
“While the present Judicial Studies Board direction in respect of previous inconsistent statements required the jury to be sure that a previous statement exculpatory of a defendant was true, it was sufficient for the jury to conclude that it might be true.”
The Times, 25th 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.
Senior judge warns that changes will not open up family courts – The Times
“Ministers’ plans to open the family courts to the media have been hailed as a signifiant reform. But is all as it seems? The proposals are coming under fire — and not just from disgruntled members of the public who will still be denied access to the hearings. ”
The Times, 24th March 2009
Source: www.timesonline.co.uk
Social network sites ‘monitored’ – BBC News
“Social networking sites like Facebook could be monitored by the UK government under proposals to make them keep details of users’ contacts.”
BBC News, 25th March 2009
Source: www.bbc.co.uk
MPs back holding private inquests – BBC News
“MPs have backed government plans to hold inquests in private and without a jury in some sensitive cases, such as those involving national security.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Killer’s sentence appeal rejected – BBC News
“A man who admitted the manslaughter of a girl who died years after he had shaken her as a baby failed to convince top judges his sentence was too harsh.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Courts must read effect into ambiguous contracts, says Court of Appeal – OUT-LAW.com
“When a contract is poorly drafted and its effect unclear courts should interpret it in order to give it force rather than to render it void, the Court of Appeal has said.”
OUT-LAW.com, 24th March 2009
Source: www.out-law.com
Grandmother killer driver jailed – BBC News
“A driver who admitted killing a grandmother who had been taking her grandson for a Christmas Eve stroll has been jailed for four and a-half-years.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Man jailed for murdering landlady – BBC News
“A barman from Cornwall who claimed he awoke to find his landlady having sex with him has been given a life sentence for her murder.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Businessman who murdered estranged wife loses conviction appeal – Daily Telegraph
“Businessman Nat Fraser who murdered his estranged wife Arlene nearly 11 years ago has lost his latest bid to overturn his conviction.”
Daily Telegraph, 24th March 2009
Source: www.telegraph.co.uk
Paranoid schizophrenic released into community to murder – Daily Telegraph
“Paranoid schizophrenic Tennyson Obih who was sectioned twice before being released into care in the community went ‘off the radar’ of the health services and murdered a policeman in broad daylight.”
Daily Telegraph, 24th March 2009
Source: www.telegraph.co.uk
PCC chair criticises media law firms – The Guardian
“The chairman of the Press Complaints Commission has rounded on a number of London media law firms, saying that they see the press watchdog as their ‘sworn enemy’.”
The Guardian, 24th March 2009
Source: www.guardian.co.uk
Private school child safety rules should be ‘overhauled’ – The Guardian
“Rules governing children’s safety in independent schools and academies should be ‘comprehensively overhauled’, a government advisor said today.”
The Guardian, 24th March 2009
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
MH (Syria) v Secretary of State for the Home Department [2009] EWCA Civ 226 (24 March 2009)
High Court (Administrative Court)
Secretary of State for the Home Department v AM [2009] EWHC 572 (Admin) (23 March 2009)
High Court (Commercial Court)
Source: www.bailii.org.uk
Bracknell Forest Borough Council v Green and another – WLR Daily
Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106
“Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
In re St Peter’s Church, Draycott – WLR Daily
In re St Peter’s Church, Draycott; [2009] WLR (D) 105
“A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
