BAILII: Recent Decisions

Posted February 22nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

MB (Somalia) v Entry Clearance Officer [2008] EWCA Civ 102 (20February 2008)

AM (Cameroon), R (on the application of) v Asylum and Immigration Tribunal & Anor [2008] EWCA Civ 100 (20 February 2008)

Roberts v Crown Estate Commissioners [2008] EWCA Civ 98 (20 February 2008)

Boehringer Ingelheim KG & Anor v Swingward Ltd [2008] EWCA Civ 83 (21 February 2008)

G (A Child), Re [2008] EWCA Civ 105 (21 February 2008)

KK (A Child), Re [2008] EWCA Civ 103 (21 February 2008)

Court of Appeal Criminal Division

CPS Nottinghamshire v Rose [2008] EWCA Crim 239 (21 February 2008)

High Court (Administrative Court)

Costco Wholesale UK Ltd v Milton Keynes Primary Care Trust & Anor [2008] EWHC 216 (Admin) (19 February 2008)

Howsmoor Developments Ltd & Ors, R (on the application of) v South Gloucestershire Council [2008] EWHC 262 (Admin) (19 February 2008)

High Court (Chancery Division)

National Westminster Bank Plc v King [2008] EWHC 280 (Ch) (20 February 2008)

High Court (Commercial Court)

Curtis & Anor v Lockheed Martin UK Holdings Ltd [2008] EWHC 260 (Comm) (20 February 2008)

Family Procedure Rules – a new procedural code for family proceedings – Ministry of Justice

Posted February 22nd, 2008 in consultations, family courts by sally

“This consultation invited comments on the policy behind the new Family Procedure Rules.”

Consultation paper and responses

Ministry of Justice, 22nd February 2008

Source: www.justice.gov.uk

Lawyers penalised for data protection breach – OUT-LAW.com

Posted February 22nd, 2008 in data protection, law firms, news by sally

“Two London law firms must pay £815 each after the Information Commissioner sued them for not fulfilling thier duties under the Data Protection Act.”

Full story

OUT-LAW.com, 21st February 2008

Source: www.out-law.com

BSkyB to argue against John Hutton’s ‘error of law’ – The Times

Posted February 22nd, 2008 in competition, media, news by sally

“BSkyB will begin an appeal today against John Hutton and the Competition Commission’s ruling that it must sell more than half of its 17.9 per cent stake in its rival ITV.”

Full story

The Times, 22nd February 2008

Source: www.timesonline.co.uk

Insects’ right to life will be decided in court – The Times

Posted February 22nd, 2008 in animals, news by sally

“Many people do not think twice about trampling over a spider or beetle while walking on grass. But insects have rights, too, and today in the High Court a charity is to defend the right for the creepy-crawlies to live undisturbed on the West Thurrock marshes along the Thames in Essex.”

Full story

The Times, 22nd February 2008

Source: www.timesonline.co.uk

Strangler conviction triggers DNA debate – The Times

Posted February 22nd, 2008 in DNA, murder, news by sally

“Steve Wright, the Suffolk Strangler, faces spending the rest of his life in prison when he is sentenced today for murdering five Ipswich prostitutes during a six-week killing spree. His conviction, on forensic evidence, last night reignited the debate on the rapid expansion of the national DNA database, which holds the profiles of at least four million people in Britain.”

Full story

The Times, 22nd February 2008

Source: www.timesonline.co.uk

Police ‘failed to protect murdered couple’ – The Guardian

Posted February 22nd, 2008 in murder, news, police by sally

“A couple murdered on the orders of a gangland boss were offered inadequate protection by the police, a report to be published today will conclude.”

Full story

The Guardian, 22nd February 2008

Source: www.guardian.co.uk

Case brings contrasting calls for change in ‘inadequate’ law – The Guardian

Posted February 22nd, 2008 in news, prostitution by sally

“Campaigners with widely diverging beliefs last night called on the government to re-examine the law on prostitution following the murder convictions of Steve Wright.”

Full story

The Guardian, 22nd February 2008

Source: www.guardian.co.uk

MP’s bill aims to ease plight of 1.4m agency workers – The Guardian

Posted February 22nd, 2008 in casual workers, news by sally

“For three and a half years, Rebecca Ames helped British Telecom customers to connect up to broadband services. She sat alongside BT staff doing the same job but received, she claims, barely half their pay.

Ames, 34, was one of an estimated 1.4 million workers in the United Kingdom on agency contracts. Their terms and conditions could be transformed if a backbench protest by Labour MPs succeeds today in forcing a private member’s bill through to committee stage.”

Full story

The Guardian, 22nd February 2008

Source: www.guardian.co.uk

Bugging of MP on prison visit did not break the rules, inquiry finds – The Guardian

Posted February 22nd, 2008 in investigatory powers, news by sally

“Police officers knew they were covertly bugging conversations between a terror suspect and his MP, but were not breaking any rules when they did so, an official report said yesterday.”

Full story

The Guardian, 22nd February 2008

Source: www.guardian.co.uk

Send fewer to jail, Straw urges courts – The Guardian

Posted February 22nd, 2008 in news, prisons, sentencing by sally

“Jack Straw, the Justice Secretary, last night made an urgent appeal to magistrates to send fewer people to jail as the prison population in England and Wales soared past 82,000 to an all-time high.”

Full story

The Guardian, 22nd February 2008

Source: www.guardian.co.uk

Home owner sued for junk mail injury – Daily Telegraph

Posted February 22nd, 2008 in duty of care, news, personal injuries by sally

“A home owner is being threatened with legal action after a woman claimed she trapped her hand in his letterbox while delivering unwanted junk mail.”

Full story

Daily Telegraph, 22nd February 2008

Source: www.telegraph.co.uk

Steve Wright suspected of more murders – Daily Telegraph

Posted February 22nd, 2008 in murder, news by sally

“Steve Wright will today be sentenced for the murder of five prostitutes as police investigate whether he was responsible for a string of other unsolved cases.”

Full story

Daily Telegraph, 22nd February 2008

Source: www.telegraph.co.uk

No jail for 130mph video driver – BBC News

Posted February 21st, 2008 in dangerous driving, news, sentencing by sally

“A man from Suffolk who filmed himself driving at speeds of up to 130mph has been given a four-month jail sentence, suspended for 18 months.”

Full story

BBC News, 21st February 2008

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted February 21st, 2008 in legislation by sally

The Education (School Performance Information) (England) (Amendment) Regulations 2008

The Visiting Forces (Designation) Order 2008

The Road Traffic (Permitted Parking Area and Special Parking Area) (County Borough of Wrexham) Order 2008

The Local Government (Politically Restricted Posts) (Wales) Regulations 2008

The Education (School Teachers’ Qualifications) (Amendment) (Wales) Regulations 2008

The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008

The Local Government and Public Involvement in Health Act 2007 (Commencement No. 3, Transitional and Saving Provisions and Commencement No. 2 (Amendment)) Order 2008

Violent crime strategy criticised – BBC News

Posted February 21st, 2008 in crime, news by sally

“The Home Office has been lacking a long-term, strategic approach to preventing violent crime, a report by the National Audit Office (NAO) said.”

Full story

BBC News, 21st February 2008

Source: www.bbc.co.uk

Foreign prisoners face early deportation – Daily Telegraph

Posted February 21st, 2008 in deportation, news, prisons by sally

“The Government is to combat prison overcrowding by deporting foreign prisoners earlier than scheduled.”

Full story

Daily Telegraph, 21st February 2008

Source: www.telegraph.co.uk

Britain may abolish ancestry visa – Daily Telegraph

Posted February 21st, 2008 in immigration, news by sally

“Britain is proposing to sever its historic ties to tens of thousands of Commonwealth nationals who have an automatic right through descent to live and work here.”

Full story

Daily Telegraph, 21st February 2008

Source: www.telegraph.co.uk

More security for child database needed, says review – The Guardian

Posted February 21st, 2008 in children, data protection, news by sally

“Further security controls are needed to ensure the safety of data stored on the government’s new database, which will contain information on every child in the country.”

Full story

The Guardian, 21st February 2008

Source: www.guardian.co.uk

Smith vows to end ‘confusion’ over bugging rules – The Guardian

Posted February 21st, 2008 in investigatory powers, news, parliament by sally

“The Home Secretary, Jacqui Smith, today proposed an end to the ‘confusion’ surrounding rules on the surveillance of MPs after it was announced that Labour MP Sadiq Khan was twice bugged while visiting a constituent in prison.”

Full story

The Guardian, 21st Febraury 2008

Source: www.guardian.co.uk