BAILII: Recent Decisons

Posted June 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Porter, R. v [2008] EWCA Crim 1271 (19 May 2008)

Reid, R. v [2008] EWCA Crim 1257 (16 May 2008)

High Court (Chancery Division)

Spreadex Ltd v Sekhon [2008] EWHC 1136 (Ch) (23 May 2008)

High Court (Technology and Construction Court)

T & T Fabrications Ltd & Anor v Hubbard Architectural Metal Work Ltd [2008] EWHC B7 (TCC) (21 April 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 18th, 2008 in legislation by sally

The London Waste and Recycling Board Order 2008

The Air Navigation (Isle of Man) (Amendment) Order 2008

The Naval Medical Compassionate Fund (Amendment) Order 2008

The Finance Act 2007, Section 17(2) (Corporation Tax Deduction for Expenditure on Energy-Saving Items) (Appointed Day) Order 2008

The Offshore Installations (Safety Zones) Order 2008

The Civil Enforcement of Parking Contraventions (The Borough Council of Dudley) Designation Order 2008

The Energy-Saving Items (Corporation Tax) Regulations 2008

Source: www.opsi.gov.uk

Sex and the citizen: a licence to thrill? – The Independent

Posted June 18th, 2008 in licensing, news, sex establishments by sally

“The number of lap-dancing clubs has doubled in four years, thanks to a relaxation of licensing laws and despite local objections. But now an MP is fighting back.”

Full story

The Independent, 18th June 2008

Source: www.independent.co.uk

Cheap supermarket alcohol could be banned in England – Daily Telegraph

Posted June 18th, 2008 in alcohol abuse, news by sally

“Shops could be forced to raise the basic cost of alcoholic drinks by a third or more, as part of plans to make it harder for young people to access cheap alcohol.”

Full story

Daily Telegraph, 18th June 2008

Source: www.telegraph.co.uk

Legal Opinion: Labour’s review of the right to bail chips away at justice – The Independent

Posted June 18th, 2008 in bail, special report by sally

“When a judge releases a murderer to kill again there is bound to be a public outcry. But, asks Robert Verkaik, Law Editor, is justice always served by a knee-jerk reaction?”

Full story

The Independent, 18th June 2008

Source: www.independent.co.uk

‘Bin Laden lieutenant’ Abu Qatada freed on bail – The Times

Posted June 18th, 2008 in bail, news, terrorism by sally

“Abu Qatada, the radical Muslim cleric described as one of Osama bin Laden’s right-hand men, was freed from jail last night under some of the most stringent bail conditions ever imposed by a British court.”

Full story

The Times, 18th June 2008

Source: www.timesonline.co.uk

Music laws ‘unfair on businesses’ – BBC News

Posted June 18th, 2008 in copyright, news by sally

“A call to relax the law on making workplaces pay a licence fee for playing music has been made by the Federation of Small Businesses (FSB).”

Full story

BBC News, 17th June 2008

Source: www.bbc.co.uk

Schoolboy’s killers must serve at least 30 years – The Independent

Posted June 18th, 2008 in murder, news, sentencing by sally

“Two gunmen were yesterday found guilty of the ‘well-planned execution’ of a church-going teenager shot dead while he slept. His killers mistook him for his drug-dealing older brother.”

Full story

The Independent, 18th June 2008

Source: www.independent.co.uk

Sikh bangle means as much to Monty Panesar as it does to teenager, court told – The Times

Posted June 18th, 2008 in news, religious discrimination, Sikhism by sally

“A simple steel wrist bangle means as much to Sarika Watkins-Singh, 14, as it does to the England spin bowler Monty Panesar, the High Court was told yesterday.”

Full story

The Times, 18th June 2008

Source: www.timesonline.co.uk

‘Unaccountable’ criminal justice system must change, says review – Daily Telegraph

Posted June 18th, 2008 in criminal justice, news by sally

“Changes must be made to the criminal justice system because it is perceived by the public as ‘distant, unaccountable and unanswerable’, a year-long Government review has concluded.”

Full story

Daily Telegraph, 18th June 2008

Source: www.telegraph.co.uk

Secret files on stolen Blears PC – BBC News

Posted June 17th, 2008 in data protection, government departments, news by sally

“A personal computer holding sensitive documents relating to defence and extremism has been stolen from Hazel Blears’ constituency office in Salford.”

Full story

BBC News, 17th June 2008

Source: www.bbc.co.uk

Standards watchdog to investigate Spelman over nanny claims – The Guardian

Posted June 17th, 2008 in expenses, news, parliament by sally

“Caroline Spelman is to face an official inquiry by parliament’s sleaze watchdog into expenses claims in relation to her nanny, it was announced today.”

Full story

The Guardian, 17th June 2008

Source: www.guardian.co.uk

Law firms set for merger frenzy – The Times

Posted June 17th, 2008 in competition, law firms, news by sally

“More than 100 law firms in the UK are expected to attempt a tie-up in the next year, according to a study by BDO Stoy Hayward.”

Full story

The Times, 17th June 2008

Source: www.timesonline.co.uk

‘Lyrical terrorist’ has conviction quashed – The Guardian

Posted June 17th, 2008 in news, terrorism by sally

“A former Heathrow shop assistant who called herself the ‘lyrical terrorist’ and was the first woman sentenced under new anti-terror laws today had her conviction overturned.”

Full story

The Guardian, 17th June 2008

Source: www.guardian.co.uk

PM hits back over civil liberties – BBC News

Posted June 17th, 2008 in closed circuit television, DNA, identity cards, news by sally

“Gordon Brown has defended the use of CCTV, ID cards and the DNA database – saying they protect civil liberties.”

Full story

BBC News, 17th June 2008

Source: www.bbc.co.uk

White paper on party finance and expenditure in the United Kingdom – Ministry of Justice

Posted June 17th, 2008 in news, political parties by sally

“Jack Straw has made an oral statement to the House of Commons about the publication of a white paper on the funding of political parties.”

Full story

Ministry of Justice, 16th June 2008

Source: www.justice.gov.uk

Related link: White paper: Party finance and expenditure in the United Kingdom (PDF)

Restorative justice and reoffending – Ministry of Justice

Posted June 17th, 2008 in recidivists, reports, restorative justice by sally

“This is the fourth report on the evaluation of three restorative justice schemes funded under the Home Office’s Crime Reduction Programme from mid-2001.”

Full story

Ministry of Justice, 16th June 2008

Source: www.justice.gov.uk

Related link: Does restorative justice affect reconviction? The fourth report from the evaluation of three schemes (PDF)

Recent Statutory Instruments – OPSI

Posted June 17th, 2008 in legislation by sally

The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008

The Income Tax (Purchased Life Annuities) (Amendment) Regulations 2008

The Education (Student Loans) (Amendment) (England and Wales) Regulations 2008

The Education (Student Support) (European Institutions) (Amendment) Regulations 2008

The Education (Mandatory Awards) (Amendment) Regulations 2008

The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2008

The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2008

The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008

The Companies (Reduction of Share Capital) Order 2008

The Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008

The Small Limited Liability Partnerships (Accounts) Regulations 2008

The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

The Local Involvement Networks (Miscellaneous Amendments) Regulations 2008

Source: www.opsi.gov.uk

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) – WLR Daily

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06); [2008] WLR (D) 193

“A registered trade mark proprietor (“proprietor”) could not rely on his trade mark rights to prevent the use of a sign similar or identical to his mark in a comparative advertisement if all the requirements for comparative advertising set out in Council Directive 84/450/EEC on comparative advertising, as amended, were satisfied, and, in particular, the use was not likely to give rise to confusion on the part of the public.”

WLR Daily, 16th June 2008

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.

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd – Times Law Reports

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd

Court of Justice of the European Communities

“The proprietor of a trademark was not entitled to prevent the use by a competitor of a sign identical or similar to his mark in a comparative advertisement, provided, inter alia, that there was no risk of confusion on the part of the public between the proprietor and the competitor or between their respective goods or services.”

The Times, 17th June 2008

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.