Bole and another v Huntsbuild Ltd and another – WLR Daily
Bole and another v Huntsbuild Ltd and another [2009] EWHC 483 (TCC); [2009] WLR (D) 98
“A finding that the premises were in imminent danger of collapse was not a necessary precursor to making a finding under the Defective Premises Act 1972 that a dwelling house was unfit for human habitation; and unfitness for habitation was to be construed as extending to defects of quality rendering the dwelling unsuitable for its purpose as well as to dangerous defects, regardless of whether such a defect was confined to one part of the dwelling or whether the effects of the defect were evident at the time when the dwelling was completed; and where there were a number of defects, it was necessary to consider the effect of the defects as a whole.”
WLR Daily, 17th 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.
King v Serious Fraud Office – Times Law Reports
House of Lords
“The crown court’s jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales.”
The Times, 19th 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 B (Minors) (Contact order: Enforcement) – Times Law Reports
In re B (Minors) (Contact order: Enforcement)
Court of Appeal
“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”
The Times, 19th 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.
Property fraud: now the Metropolitan Police get in on the act – The Times
“An article a fortnight ago examining the growth in property fraud resulted in a flurry of correspondence confirming that lawyers and consumers alike are increasingly worried about the problem.”
The Times, 19th March 2009
Source: www.timesonline.co.uk
Jurors suffer trauma in gruesome cases, scientists warn – Daily Telegraph
“Jurors should be screened before sitting on trials involving harrowing or gruesome evidence to cut the risk to them being traumatised, medical experts have warned.”
Daily Telegraph, 19th March 2009
Source: www.telegraph.co.uk
Searching for answers at Deepcut Barracks – The Times
“Four young soldiers died at Deepcut Barracks between 1995 and 2002: Sean Benton on June 9, 1995, Cheryl James on November 27, 1995, Geoff Gray on September 17, 2001, and James Collinson on March 23, 2002.”
The Times, 19th March 2009
Source: www.timesonline.co.uk
High court to deliver ruling on bank’s gag on tax documents – The Guardian
“A high court judge is due to rule today on Barclays’ attempt to ban the Guardian from publishing whistleblower documents about the bank’s tax avoidance schemes.”
The Guardian, 19th March 2009
Source: www.guardian.co.uk
Lawyers welcome plans for financial shake-up – The Times
“Proposals aimed at shaking up Britain’s banking sector received a cautious welcome from the City’s leading financial services lawyers today.”
The Times, 18th March 2009
Source: www.timesonline.co.uk
Series of allegations that finally forced Brown to act – The Guardian
“If we are to believe Peter Wright, the former MI5 officer and author of Spycatcher, new recruits to the security service are quickly expected to take to heart its 11th commandment: ‘Thou shalt not get caught.’ Today, however, as the result of the work of a small group of lawyers, journalists and parliamentarians, it is beginning to look as though MI5 has been found guilty of breaking its own rule: its involvement in torture is becoming clear.”
The Guardian, 19th March 2009
Source: www.guardian.co.uk
Lords in sleaze row could lose their peerages – Daily Telegraph
“Peers will be expelled from the House of Lords if they break the law under new powers being proposed in the wake of the cash for amendments controversy.”
Daily Telegraph, 19th March 2009
Source: www.telegraph.co.uk
Divorce: why being North or South of the Border makes such a difference – The Times
“Never mind credit crunch divorce, with husbands rushing to court to renegotiate their divorce settlements. It might be wiser to plump for the right jurisdiction for a split in the first place, because there can be a huge disparity in awards, even between the North and South of the Border.”
The Times, 19th March 2009
Source: www.timesonline.co.uk
Miscarriage of justice victim served extra 11 years due to ‘lost’ evidence – The Guardian
“Vital evidence which could have secured the release of one of Britain’s longest-serving victims of a miscarriage of justice 11 years ago was held in a forgotten forensic science archive on an industrial site in the Midlands, the Guardian can reveal.”
The Guardian, 19th March 2009
Source: www.guardian.co.uk
Rape myths to be challenged in court by prosecutors – Daily Telegraph
“Prosecutors have been told to ‘robustly’ challenge myths surrounding rape victims, such as women are asking to be attacked if they drink, when in front of juries.”
Daily Telegraph, 19th March 2009
Source: www.telegraph.co.uk
Solicitors to take on estate agents – The Times
“Solicitors have declared war on estate agents. They are calling for a licensing system to bring them under strict regulation and for greater transparency over what they call excessive fees.”
The Times, 19th March 2009
Source: www.timesonline.co.uk
Attorney-General boosts fraud-busting powers – The Times
“Judges will have new powers to bar convicted fraudsters from professsional practice including financial services, legal services and real estate under new anti-fraud measures announced by the Attorney-General today.”
The Times, 18th March 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Balshaw v Crown Prosecution Service [2009] EWCA Crim 470 (18 March 2009)
Harvey v R. [2009] EWCA Crim 469 (18 March 2009)
Court of Appeal (Civil Division)
Associated British Ports v Ferryways NV & Anor [2009] EWCA Civ 189 (18 March 2009)
Al-Sirri v Secretary of State for the Home Department & Anor [2009] EWCA Civ 222 (18 March 2009)
Momson v Azeez [2009] EWCA Civ 202 (18 March 2009)
T (A Child), Re [2009] EWCA Civ 121 (04 March 2009)
High Court (Chancery Division)
Grender & Ors v Dresden & Ors [2009] EWHC 500 (Ch) (18 March 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2009
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2009
The Electricity and Gas Appeals (Designation and Exclusion) Order 2009
The Social Security (Additional Class 3 National Insurance Contributions) Amendment Regulations 2009
The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009
The Family Proceedings (Amendment) Rules 2009
The Civil Enforcement of Parking Contraventions (City of Newcastle upon Tyne) Designation Order 2009
The Social Security (Miscellaneous Amendments) Regulations 2009
The Travel Concessions (Eligible Services) (Amendment) Order 2009
Source: www.opsi.gov.uk
Dinner lady injured by running schoolboy seeks damages in ‘cotton wool culture’ case – Daily Telegraph
“A dinner lady who suffered serious injuries when a schoolboy ran into her is seeking substantial damages in a case that could worsen Britain’s ‘cotton wool culture’.”
Daily Telegraph, 18th March 2009
Source: www.telegraph.co.uk
Intelligence services’ interrogation rules banning torture to be published – The Guardian
“The rules that determine how MI5 and MI6 are allowed to interrogate suspects, including strict guidance banning the use of torture, will be published for the first time, Gordon Brown said today.”
The Guardian, 18th March 2009
Source: www.guardian.co.uk
