BAILII: Recent Decisions

Posted March 20th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Jurkowska v Hlmad Ltd [2008] EWCA Civ 231 (19 March 2008)

High Court (Chancery Division)

Langston Group Corp v Cardiff City Football Club Ltd [2008] EWHC 535 (Ch) (19 March 2008)

IGT / Acres Gaming Inc, Re [2008] EWHC 568 (Ch) (19 March 2008)

Wilson v Yahoo! UK Ltd & Anor [2008] EWHC 361 (Ch) (20 February 2008)

High Court (Administrative Court)

Tamarevichute v Russian Federation [2008] EWHC 534 (Admin) (19 March 2008)

McLean v The High Court of Dublin, Ireland [2008] EWHC 547 (Admin) (19 March 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 20th, 2008 in legislation by sally

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2008

The Health and Safety (Fees) Regulations 2008

The Abortion (Amendment) Regulations 2008

The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2008

The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2008

The Greater London Authority (Limitation of Salaries) (Amendment) Order 2008

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2008

The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2008

The Companies (Reduction of Capital) (Creditor Protection) Regulations 2008

The Cheshire (Structural Changes) Order 2008

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008

The Inspectors of Education, Children’s Services and Skills Order 2008

The Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) Order 2008

The Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2008

The Wireless Telegraphy (Register) (Amendment) Regulations 2008

The Mental Health Act 2007 (Commencement No. 4) Order 2008

The Supply of Information (Register of Deaths) (England and Wales) Order 2008

The Companies (Mergers and Divisions of Public Companies) (Amendment) Regulations 2008

The Supply of Information (Register of Deaths) (Northern Ireland) Order 2008

Source: www.opsi.gov.uk

‘Milestone’ on Welsh laws reached – BBC News

Posted March 20th, 2008 in constitutional law, news, Wales by sally

“The first new order giving the Welsh assembly the power to make laws in specified areas has been approved by Parliament.”

Full story

BBC News, 19th March 2008

Source: www.bbc.co.uk

July 7 inquests ‘could be secret’ – BBC News

Posted March 20th, 2008 in inquests, news, terrorism by sally

“Relatives of those who died in the 7 July bombings fear the inquests into their deaths could be heard in secret.”

Full story

BBC News, 19th March 2008

Source: www.bbc.co.uk

Lords’ membership cut considered – BBC News

Posted March 20th, 2008 in constitutional law, elections, news, parliament by sally

“Membership of the House of Lords could be almost halved under proposals to replace peers with elected members.”

Full story

BBC News, 20th March 2008

Source: www.bbc.co.uk

SRA begins review into ‘racially biased’ investigations – Legal Week

Posted March 20th, 2008 in minorities, news, solicitors, Solicitors Regulation Authority by sally

“The Solicitors Regulation Authority (SRA) has formally kicked off its review into the disproportionate number of lawyers from black and ethnic minorities who are subject to SRA investigation, by selecting a working party and setting out the terms of its review.”

Full story

Legal Week, 20th March 2008

Source: www.legalweek.com

MPs to vote on terror bill after May polls – The Guardian

Posted March 20th, 2008 in detention, news, sentencing by sally

“Legislation raising the time limit for which terror suspects may be detained without charge from 28 days to 42 is to get its delayed Commons second reading on April 1, the leader of the house, Harriet Harman, is expected to announce today. The new timetable for the government’s counter-terrorism bill is likely to mean that key votes on the time limit – when ministers will face a backbench rebellion at report stage – will take place after the May local elections.”

Full story

The Guardian, 20th March 2008

Source: www.guardian.co.uk

Ipswich killer seeks to appeal sentence – Reuters

Posted March 20th, 2008 in appeals, murder, news, sentencing by sally

“Convicted serial killer Steve Wright sought permission on Wednesday to appeal the life sentence he was handed last month for murdering five prostitutes in his hometown of Ipswich.”

Full story

Reuters, 19th March 2008

Source: www.reuters.com

Neighbour dispute costs £300,000 in legal bills – Daily Telegraph

Posted March 20th, 2008 in boundaries, costs, news by sally

“A feud over a 4ft-wide strip of land has seen neighbours rack up £300,000 in lawyers’ bills, and left one family effectively homeless.”

Full story

Daily Telegraph, 20th March 2008

Source: www.telegraph.co.uk

Explainer: The legal position – The Guardian

Posted March 20th, 2008 in defamation, media, special report by sally

“The quick capitulation by the Daily Express and Star and their Sunday equivalents to libel threats by Gerry and Kate McCann came from a recognition by the papers that their allegations were baseless and could not be defended in court.”

Full story

The Guardian, 20th March 2008

Source: www.guardian.co.uk

Northern Rock shareholders prepare legal challenge for violation of human rights – The Times

Posted March 20th, 2008 in banking, human rights, nationalisation, news by sally

“Northern Rock’s army of small shareholders took their campaign for compensation to the courts yesterday as they accused the Government of abusing their human rights by nationalising the stricken mortgage lender.”

Full story

The Times, 20th March 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Olumba, R. v [2008] EWCA Crim 408 (20 February 2008)

Court of Appeal (Civil Division)

European Central Bank v Document Security Systems Incorporated [2008] EWCA Civ 192 (19 March 2008)

Jurkowska v Hlmad Ltd [2008] EWCA Civ 231 (19 March 2008)

T (a child) v Wakefield Metropolitan District Council [2008] EWCA Civ 199 (19 March 2008)

Heath & Hampstead Society, R (on the application of) v Vlachos & Ors [2008] EWCA Civ 193 (19 March 2008)

G (a child) No. 2, Re [2008] EWCA Civ 105_2 (19 March 2008)

VN (Uganda) v Entry Clearance Officer [2008] EWCA Civ 232 (19 March 2008)

KC & Anor v City of Westminster Social & Community Services Dept. & Anor [2008] EWCA Civ 198 (19 March 2008)

T (Children: Placement Order), Re [2008] EWCA Civ 542 (19 March 2008)

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 (19 March 2008)

G (a child) No. 2, Re [2008] EWCA Civ 105_2 (19 March 2008)

High court (Queen’s Bench Division)

Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

Schwarzschild v Harrods Ltd [2008] EWHC 521 (QB) (19 March 2008)

High Court (Chancery Division)

Walker v Kenley & Anor [2008] EWHC 370 (Ch) (29 February 2008)

Oun v Ahmad [2008] EWHC 545 (Ch) (19 March 2008)

High Court (Administrative Court)

Doughty v Ely Magistrates’ Court & Anor [2008] EWHC 522 (Admin) (07 March 2008)

High Court (Commercial Court)

Verizon UK Ltd v Swiftnet Ltd [2008] EWHC 551 (Comm) (19 March 2008)

Source: www.bailii.org

Think you know the law? – BBC Magazine

Posted March 19th, 2008 in news, statute law revision by sally

“Parliament has begun moves to repeal all or part of 328 Acts which experts say are completely redundant. Test your knowledge of a slice of British legal history…”

Bygone laws quiz

BBC Magazine, 19th March 2008

Source: www.bbc.co.uk

Judges reject Islamic ‘phone marriage’ with woman in Bangladesh – The Times

Posted March 19th, 2008 in autism, islamic law, marriage, news by sally

“Three senior appeal judges have refused to recognise an ‘over the telephone’ Muslim marriage between an autistic British man and a woman in Bangladesh — even though the union is valid according to sharia or Islamic law.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

McCanns may take on other papers – The Guardian

Posted March 19th, 2008 in defamation, media, news by sally

“Lawyers acting for Kate and Gerry McCann have not ruled out seeking damages from other papers over coverage of their daughter Madeleine’s disappearance after the couple’s unprecedented legal victory against Express Newspapers today.”

Full story

The Guardian, 19th March 2008

Source: www.guardian.co.uk

Information Commissioner to focus on reducing risk, not enforcement – OUT-LAW.com

Posted March 19th, 2008 in data protection, news by sally

“The Information Commissioner’s Office (ICO) has said that its aim is to protect people from the risks associated with abuses of their personal data rather than strictly enforce the law. It has announced its broad aims in a new strategy document.”

Full story

OUT-LAW.com, 19th March 2008

Source: www.out-law.com

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ngyuen, R v [2008] EWCA Crim 585 (18 March 2008)

Court of Appeal (Civil Division)

Mayor of London v London Borough of Enfield [2008] EWCA Civ 202 (18 March 2008)

LG (Italy) v Secretary of State for the Home Department [2008] EWCA Civ 190 (18 March 2008)

S v Floyd [2008] EWCA Civ 201 (18 March 2008)

Housden & Anor v The Conservators of Wimbledon and Putney Commons [2008] EWCA Civ 200 (18 March 2008)

Shah & Ors v Colvia Management Co Ltd (includes Order) [2008] EWCA Civ 195 (18 March 2008)

High Court (Chancery Division)

Thunder Air Ltd v Hilmarsson [2008] EWHC 355 (Ch) (17 March 2008)

High Court (Family Division)

McCartney v McCartney [2008] EWHC 401 (Fam) (17 March 2008)

High Court (Commercial Court)

Entico Corporation Ltd v United Nations Educational Scientific and Cultural Association (UNESCO) [2008] EWHC 531 (Comm) (18 March 2008)

High Court (Technology and Construction Court)

London & Regional (St George’s Court) Ltd v Ministry of Defence and Secretary of State for Defence [2008] EWHC 526 (TCC) (18 March 2008)

Source: www.bailii.org

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation) – WLR Daily

Posted March 19th, 2008 in company directors, insolvency, law reports, married persons by sally

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89

“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”

WLR Daily, 18th March 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.

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – WLR Daily

Posted March 19th, 2008 in banking, contracts, law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88

“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”

WLR Daily, 18th March 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.

Review of Part 6 of the Civil Procedure Rules: Service of Documents [CP 14/07] – Ministry of Justice

Posted March 19th, 2008 in civil procedure rules, consultations, service by sally

“The post-consultation report contains a summary of responses to the consultation, a detailed response to the specific questions raised in the report and the next steps following the consultation.”

Response to consultation (PDF)

Ministry of Justice, 18th March 2008

Source: www.justice.gov.uk