Current Awareness

Office of Communications v Information Comr; [2009] WLR (D) 71

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

Office of Communications v Information Comr – WLR Daily

Posted March 2nd, 2009 in environmental protection, freedom of information, law reports, telecommunications by sally

“When balancing the public interest in maintaining an exception to disclosure of environmental information against the public interest in its disclosure the correct test was to consider whether the aggregate public interest in maintaining the exception outweighed the public interest in disclosure. A benefit arising from unlawful use of disclosed information could be taken into account as an aspect of the public interest in disclosure.”

WLR Daily, 27th February 2009

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28; [2009] WLR (D) 70

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

Dobson v Thames Water Utilities Ltd – WLR Daily

Posted March 2nd, 2009 in damages, law reports, nuisance, utilities by sally

“Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance the actual impact on the occupier was relevant. An award would normally constitute just satisfaction to the occupier and no further compensation was due under s 8 of the Human Rights Act 1998.”

WLR Daily, 27th February 2009

Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69

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

Office of Fair Trading v Abbey National plc and others – WLR Daily

Posted March 2nd, 2009 in consumer protection, law reports, unfair contract terms by sally

“Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 27th February 2009

G and S Brough Ltd v Salvage Wharf Ltd and Another

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

G and S Brough Ltd v Salvage Wharf Ltd and Another – Times Law Reports

Posted March 2nd, 2009 in law reports, prescription, right to light by sally

Court of Appeal

“A property owner who made an agreement with a developer as to his prescriptive rights to light in respect of a development which would have had a minimal impact on the light to that property, did not lose those rights to light, so that a developer whose later redevelopment would extinguish those rights to light could not rely on the earlier agreement to defeat the owner’s rights.”

The Times, 2nd March 2009

Landlord Protect Ltd v St Anselm Development Co Ltd

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

Landlord Protect Ltd v St Anselm Development Co Ltd – Times Law Reports

Posted March 2nd, 2009 in assignment, law reports, leases by sally

Court of Appeal

“Where the head landlord’s consent was required to an assignment of a lease, he could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”

The Times, 2nd March 2009

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

Police to study case for pardoning football fan – The Independent

Posted March 2nd, 2009 in attempted murder, attempts, murder, news, pardons by sally

“The prospect of a pardon for Michael Shields increased last night when the Justice Secretary Jack Straw revealed that he has asked Merseyside Police to examine the case.”

The Independent, 28th February 2009

Source: www.independent.co.uk

Community sentences laughed at, report finds – Daily Telegraph

Posted March 2nd, 2009 in community service, news by sally

“Community sentences are ‘laughed at’ because offenders who breach them are not punished harshly enough, according to a study by the Centre for Crime and Justice Studies at King’s College, London.”

Daily Telegraph, 2nd March 2009

Source: www.telegraph.co.uk

Rules eased for second parent in IVF births – The Guardian

Posted March 2nd, 2009 in assisted reproduction, birth certificates, news by sally

“Lesbian couples and single women who have children through IVF will be able to name almost any adult as the second parent, under a law coming into force next month.”

The Guardian, 2nd March 2009

Source: www.guardian.co.uk

Terror suspect controls face biggest challenge yet from law lords – The Times

Posted March 2nd, 2009 in control orders, news, terrorism by sally

“The control orders regime for restricting the movements of terror suspects faces its biggest challenge before Britain’s highest court today.”

The Times, 2nd March 2009

Police killer Harry Roberts to be freed after 42 years in jail – The Times

Posted March 2nd, 2009 in murder, news, parole by sally

“Britain’s most notorious police killer hopes to be freed from prison within months, having served 42 years in jail.”

The Times, 28th February 2009

Terror suspects win bail battle – BBC News

Posted February 27th, 2009 in bail, news, terrorism by sally

“The government has decided not to appeal against a court ruling freeing four of five terrorist suspects jailed pending a bail hearing.”

BBC News, 27th February 2009

Source: www.bbc.co.uk

Death crash sentence may increase – BBC News

Posted February 27th, 2009 in dangerous driving, news, sentencing by sally

“A Lincolnshire man responsible for the deaths of four of his children when he crashed into a river could have his jail sentence extended.”

BBC News, 27th February 2009

Source: www.bbc.co.uk

Driver fined for throwing parking ticket – Daily Telegraph

Posted February 27th, 2009 in fines, litter, news by sally

“A motorist who hurled an £80 parking ticket at an attendant in a fit of rage has been fined or littering.”

Daily Telegraph, 27th February 2009

Source: www.telegraph.co.uk

CPS confirms Gilfoyle notes were kept from defence – The Times

Posted February 27th, 2009 in Crown Prosecution Service, disclosure, evidence, murder, news by sally

“The Crown Prosecution Service (CPS) today confirmed that notes showing Eddie Gilfoyle’s wife died at home when her husband was at his workplace were kept from the defence at the time of his trial.”

The Times, 27th February 2009

Abbey National Plc & Ors v The Office of Fair Trading [2009] EWCA Civ 116 (26 February 2009)

BAILII: Recent Decisions

Posted February 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Brunel Motor Company Ltd v Revenue and Customs & Anor [2009] EWCA Civ 118 (26 February 2009)

BA (Nigeria), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 119 (26 February 2009)

Lexi Holdings Plc v Luqman & Ors [2009] EWCA Civ 117 (26 February 2009)

A Local Authority v HP & Anor [2009] EWCA Civ 143 (27 February 2009)

Court of Appeal (Criminal Division)

Trafalgar Leisure Ltd v R [2009] EWCA Crim 217 (20 February 2009)

Cotilla, R. v [2009] EWCA Crim 216 (20 February 2009)

High Court (Chancery Division)

Nolan v Wright [2009] EWHC 305 (Ch) (26 February 2009)

Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) (26 February 2009)

High Court (Patents Court)

ratiopharm (UK) Ltd v Alza Corp [2009] EWHC 213 (Pat) (12 February 2009)

High Court (Queen’s Bench Division)

Plumbly v Beatthatquote.Com Ltd. [2009] EWHC 321 (QB) (27 February 2009)

Source: www.bailii.org.uk

Recent Statutory Instruments – OPSI

Posted February 27th, 2009 in legislation by sally

The London Summit (Immunities and Privileges) Order 2009

The Sites of Special Scientific Interest (Appeals) Regulations 2009

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2009

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2009

The Civil Enforcement of Parking Contraventions (City of Bradford) Designation Order 2009

Source: www.opsi.gov.uk

Craner v Dorset County Council – Times Law Reports

Posted February 27th, 2009 in health & safety, law reports, personal injuries by sally

Craner v Dorset County Council

Court of Appeal

“It was no defence for a county council which left paving slabs uneven, causing injuries to a school caretaker, to say that what had occurred was a freak accident which could not have been prevented or guarded against.”

The Times, 27th February 2009

Office of Communications v Information Commissioner”>Office of Communications v Information Commissioner

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

Office of Communications v Information Commissioner – Times Law Reports

Posted February 27th, 2009 in environmental protection, freedom of information, law reports, telecommunications by sally

Court of Appeal

“Beneficial consequences flowing from the unlawful use of disclosed information could be taken into account when balancing the public interest in disclosure of environmental information against the statutory exemption from disclosure.”

The Times, 27th February 2009

Zipher Ltd v Markem Systems Ltd and Another

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

Zipher Ltd v Markem Systems Ltd and Another – Times Law Reports

Posted February 27th, 2009 in appeals, law reports, undertakings by sally

Court of Appeal

“An offer of an undertaking by one party lapsed automatically when the court found in favour of the other side and the offer was not resurrected after a successful appeal.”

The Times, 27th February 2009