BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)
Source: www.bailii.org
High price of fraud is not worth paying – The Times
“For a business executive, it is the stuff of nightmares. A seemingly routine payment to a local fixer by a remote subsidiary results, years later, in an investigation by authorities in the company’s home country. The company is forced to spend millions on legal fees, its reputation is tarnished and its share price plummets. Senior managers may even find themselves in court facing criminal charges.”
The Times, 25th November 2008
Source: www.timesonline.co.uk
Law firms look outside as market prepares for ‘Big Bang’ – The Times
“Four in five law firms expect to join forces with other professionals under the reforms to be introduced by the Legal Services Act, a new survey has found.”
The Times, 25th November 2008
Source: www.timesonline.co.uk
Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily
“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”
WLR Daily, 24th November 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.
In re Phonographic Performance Ltd – WLR Daily
In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363
“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”
WLR Daily, 24th November 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.
R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily
“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”
WLR Daily, 24th November 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.
Regina v Kelleher – Times Law Reports
Court of Appeal (Criminal Division)
“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”
The Times, 25th November 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.
Wandsworth London Borough Council v Whibley – Times Law Reports
Wandsworth London Borough Council v Whibley
Court of Appeal
“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”
The Times, 25th November 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.
Recent Statutory Instruments – OPSI
The Child Benefit (Rates) (Amendment) Regulations 2008 (PDF)
The Alcoholic Liquor Duties (Surcharges) and Tobacco Products Duty Order 2008 (PDF)
The Individual Savings Account (Amendment No. 3) Regulations 2008 (PDF)
The Income Tax (Indexation) (No. 4) Order 2008 (PDF)
The Value Added Tax (Change of Rate) Order 2008 (PDF)
The Value Added Tax (Amendment) (No 2) Regulations 2008 (PDF)
The Excise Duties (Road Fuel Gas) (Reliefs) (Revocation) Regulations 2008 (PDF)
The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Revocation) Order 2008 (PDF)
The Income Tax (Indexation) (No. 3) Order 2008 (PDF)
Source: www.opsi.gov.uk
Daily Cause List, 25th November 2008
Source: www.hmcourts-service.gov.uk
Please note only the current day’s cause list will be accessible
Record number of criminals being handed community court orders – Daily Telegraph
“A record number of criminals are being handed community court orders despite one in three being breached by offenders.”
Daily Telegraph, 25th November 2008
Source: www.telegraph.co.uk
New laws against forced marriages – BBC News
“Laws to prevent forced marriages and protect those who have already fallen victim have been introduced in England, Wales and Northern Ireland.”
BBC News, 25th November 2008
Source: www.bbc.co.uk
Cancer patients seek damages after frozen sperm is destroyed – The Times
“Six cancer sufferers who lost their only chance of fathering children when a hospital freezer broke down and destroyed their sperm samples were at the centre of an unprecedented compensation claim yesterday.”
The Times, 25th November 2008
Source: www.timesonline.co.uk
Domestic violence ‘costs £5.8bn’ – The Guardian
“Domestic violence costs the British economy £5.8bn a year and significantly depresses women’s ability to contribute to economic growth, the attorney general told French ministers and former victims in Paris yesterday.”
The Guardian, 25th November 2008
Source: www.guardian.co.uk
Human Rights undermines public safety, says Tory – Daily Telegraph
“The Human Rights Act has undermined public safety and led to a ‘rights culture’ developing in the UK, the Conservatives said.”
Daily Telegraph, 25th November 2008
Source: www.telegraph.co.uk
Legal moves against canoeist wife – BBC News
“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”
BBC News, 25th November 2008
Source: www.bbc.co.uk
Defendants should not have to pay for being wrongly prosecuted – discuss – The Times
“Should the taxpayer foot the legal bills of defendants who are brought before courts and acquitted?”
The Times, 25th November 2008
Source: www.timesonline.co.uk
‘British Josef Fritzl’ to be sentenced – Daily Telegraph
“A rapist dubbed ‘the British Josef Fritzl’, is to be sentenced after admitting to repeatedly raping his two daughters and getting them pregnant 19 times.”
Daily Telegraph, 25th November 2008
Source: www.telegraph.co.uk
Foreign nationals given ID cards – BBC News
“The Home Office is to start issuing identity cards to people from outside the European Economic Area.”
BBC News, 25th November 2008
Source: www.bbc.co.uk
Cannabis upgrade ‘very damaging’ – BBC News
“A group of leading scientists and MPs has attacked plans to reclassify cannabis as a more dangerous drug.”
BBC News, 25th November 2008
Source: www.bbc.co.uk
