R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department – WLR daily
“A right of appeal against the Home Office’s refusal to revoke a deportation order was exercisable from within the United Kingdom.”
WLR Daily, 3rd 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.
Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3) – Times Law Reports
Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3)
Court of Appeal
“Mistakes in a supplier’s invoice did not enable the paying party to avoid late payment interest penalties.”
The Times, 4th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Barclay v British Airways plc – Times Law Reports
Court of Appeal
“A passenger slipping on a plastic strip embedded in the floor of an aircraft was not an accident since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”
The Times, 4th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Regina v Fortean – Times Law Reports
Court of Appeal
“Where an application for leave to appeal against conviction or sentence was wholly without merit, the Court of Appeal, Criminal Division, would exercise its power to order that part of the time spent in custody pending appeal should not count towards sentence so that applications by those who had some proper basis for making them were dealt with fully and promptly.”
The Times, 4th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Constitutional continuity: Jack Straw speech at the London School of Economics – Ministry of Justice
“Jack Straw has given a speech about his role as Lord Chancellor in a modern democracy: ‘Ultimately my duty is to justice, and to the taxpayer. Far from serving both ends being mutually exclusive, it is, and has to be, mutually supportive.’ ”
Ministry of Justice, 3rd March 2009
Source: www.justice.gov.uk
MPs renew control orders system – BBC News
“The government’s controversial system of using ‘control orders’ to restrict the movements of suspected terrorists has been renewed for another year.”
BBC News, 3rd March 2009
Source: www.bbc.co.uk
‘Phantom’ killer sent to hospital – BBC News
“A man who killed a woman while wearing a ‘Phantom of the Opera’ mask has been sent to a mental hospital indefinitely.”
BBC News, 3rd March 2009
Source: www.bbc.co.uk
Caroline Spelman to repay nanny expenses – The Independent
“Conservative frontbencher Caroline Spelman last night agreed to repay £9,600 after parliamentary anti-sleaze watchdogs found she broke Commons rules by paying taxpayers’ money to her children’s nanny.”
The Independent, 4th March 2009
Source: www.independent.co.uk
Airlines that break emission rules could have planes seized – The Guardian
“The Environment Agency is to be given powers to seize planes from airlines which break the rules of a new scheme to limit flights’ carbon emissions. The transport secretary, Geoff Hoon, and the climate change secretary, Ed Miliband, will today announce the government agency’s new role, which goes far wider than its regulation of other UK industries.”
The Guardian, 4th March 2009
Source: www.guardian.co.uk
Police officers to be charged over Cardiff Three case – The Times
“Fifteen people, including nine retired and three serving police officers, are to be charged with perverting the course of justice and perjury in connection with the murder of a young woman more than 20 years ago.”
The Times, 4th March 2009
Source: www.timesonline.co.uk
Schizophrenic Daniel Gonzales stabbed four people after NHS ignored his pleas – The Times
“A schizophrenic killer who murdered four people in three days was failed repeatedly by an ineffective NHS, an inquiry has found. The treatment of Daniel Gonzales was full of missed opportunities that could have prevented him stabbing three pensioners and another man to death.”
The Times, 4th March 2009
Source: www.timesonline.co.uk
Wine firm’s high court bid fails – BBC News
“A Hampshire winemaker has failed in a High Court claim that the Food Standards Agency was ‘heavy-handed’ in banning its new low-alcohol ‘wine’.”
BBC News, 2nd March 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Peters v East Midlands Strategic Health Authority & Anor [2009] EWCA Civ 145 (03 March 2009)
High Court (Chancery Division)
Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch) (02 March 2009)
Source: www.bailii.org
Sentence for woman dog strangler – BBC News
“A woman with a history of mental illness has been given a six-month conditional discharge after admitting strangling two dogs.”
BBC News, 2nd March 2009
Source: www.bbc.co.uk
Recent Statutory Instruments – OPSI
Waterman and another v Boyle and another – WLR Daily
Waterman and another v Boyle and another [2009] EWCA Civ 115; [2009] WLR (D) 76
“Where there was an express right to park attaching to a property it was most unlikely that a further right to park would arise by implication.”
WLR Daily, 2nd 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.
Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) – WLR Daily
“A ‘notice of an amount of the debt’ within the meaning of s4(5) of the Late Payment of Commercial Debt (Interest) Act 1998 did not have to be correct before the court could award interest for late payment of an invoice.”
WLR Daily, 2nd 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.
Serious Organised Crime Agency v Szepietowski and others – WLR Daily
Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74
“The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”
WLR Daily, 2nd 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.
In re B (Minors) (Contact Order: Enforcement) – WLR Daily
In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73
“A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”
WLR Daily, 2nd 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.
