Friends of the Earth v Secretary of State for Business Enterprise and Regulatory Reform – WLR Daily
“In the absence of a rationality challenge or a demonstrated failure to implement identifiable provisions of the strategy for the reduction of fuel poverty published by the defendant Secretaries of State in accordance with the duty imposed by s 2(1) of the Warm Homes and Energy Conservation Act 2000, it was not open to the court to review the policy decisions of the defendants as to the way in which they should go about the implementation of the strategy, including the requirement that efforts be made to achieve the targets specified as far as reasonably practicable.”
WLR Daily, 29th October 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.
Club la Costa (UK) plc v Gebhard and another – WLR Daily
Club la Costa (UK) plc v Gebhard and another [2008] EWHC 2552 (QB); [2008] WLR (D) 332
“A valid offer to make amends under s 2(2) of the Defamation Act 1996 could not be made without the offeror conceding that the ‘specific defamatory meaning’ which the statement conveyed was defamatory of the person bringing the complaint.”
WLR Daily, 28th October 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 Times Newspapers Ltd and another – WLR Daily
In re Times Newspapers Ltd and another [2008] EWCA Crim 2396; [2008] WLR (D) 331
“For a court to order the anonymisation of defendants’ names in a case in which no applicable statute provided a power justifying such an order, careful regard would have to be had to the relevant tests identified at common law, viz whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”
WLR Daily, 28th October 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.
Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE – Times Law Reports
Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE
Court of Appeal
“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”
The Times, 29th October 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.
Horsham Properties Group Ltd v Clark and Another – Times Law Reports
Horsham Properties Group Ltd v Clark and Another
Chancery Division
“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”
The Times, 29th October 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.
Criminal Justice and Immigration Act 2008 (Provisions commencing on 3 November 2008)- Ministry of Justice
“This circular provides details of some of the provisions in the Criminal Justice and Immigration Act 2008 which come into force on 3 November 2008.”
Ministry of Justice, 29th October 2008
Source: www.justice.gov.uk
Excluding extremists – Home Office
“Tough new measures would prevent those who foster extremism from ever entering the country.”
Home Office, 28th October 2008
Source: www.homeoffice.gov.uk
Sex assault sailor loses appeal – BBC News
“A Royal Navy officer, who was jailed for sexually assaulting a helpless partygoer, has failed to get his sentence cut.”
BBC News, 28th October 2008
Source: www.bbc.co.uk
Thirty organisations are under ICO investigation over data breaches – OUT-LAW.com
“The UK’s privacy watchdog the Information Commissioner’s Office (ICO) is currently pursuing 30 investigations into serious data security breaches, it said. In the past year 227 breaches have been reported to it.”
OUT-LAW.com, 29th October 2008
Source: www.out-law.com
Payout over film-maker’s damages – BBC News
“A man has been awarded £79,000 after his home, which he rented out for a film starring Bond actor Daniel Craig, was damaged by a production company.”
BBC News, 28th October 2008
Source: www.bbc.co.uk
MPs demand action on road deaths – BBC News
“Lower speed limits and a tougher enforcement of drink-driving laws are needed to cut the number of road deaths, MPs have said.”
BBC News, 29th October 2008
Source: www.bbc.co.uk
Drayton Manor High School wins case against adjudicator – The Times
“A leading state school has won a legal challenge over a ruling that its admissions policy discriminated against children from poor families.”
The Times, 29th October 2008
Source: www.timesonline.co.uk
Watchdog to investigate Russell Brand and Jonathan Ross’s phone prank – The Guardian
“Ofcom is to investigate whether the lewd messages left on actor Andrew Sachs’ answerphone by Russell brand and Jonathan Ross and aired on Radio 2 breached the broadcasting code, as complaints to the BBC hit 4,500.”
The Guardian, 28th October 2008
Source: www.guardian.co.uk
Bigger databases increase risks, says watchdog – The Guardian
“The proliferation of ever larger centralised databases is increasing the risk of people’s personal data being lost or abused, the government’s official privacy watchdog claims today.”
The Guardian, 29th October 2008
Source: www.guardian.co.uk
Prison fear for relatives who assist suicide – The Guardian
“Prosecutors fear a high court judgment today will lead to the first criminal cases against people who helped their terminally ill relatives to die.”
The Guardian, 29th October 2008
Source: www.guardian.co.uk
‘Catch me if you can,’ said student behind biggest chip and PIN fraud – The Times
“A computer whiz-kid has been jailed over the theft of information from 19,000 credit cards.”
The Times, 29th october 2008
Source: www.timesonline.co.uk
Early release prisoners ‘killed three people’ – The Times
“Three murders have allegedly been committed by prisoners let out of jail early under emergency measures introduced by the Government to ease overcrowding.”
The Times, 29th October 2008
Source: www.timesonline,co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Urushadze, R. v [2008] EWCA Crim 2498 (08 October 2008)
Lavery, R. v [2008] EWCA Crim 2499 (09 October 2008)
Court of Appeal (Civil Division)
O’Brien & Ors v South Cambridgeshire District Council [2008] EWCA Civ 1159 (24 October 2008)
High Court (Queen’s Bench Division)
Club La Costa (UK) Plc v Gebhard & Ors [2008] EWHC 2552 (QB) (24 October 2008)
High Court (Commercial Court)
Source: www.bailii.org
European patent body will issue definitive ruling on software patents – OUT-LAW.com
“The European Patent Office (EPO) has asked its ultimate legal authority to look at the European Patent Convention (EPC) and issue advice on the patentability of software. The EPO said that such advice was necessary to ensure the uniform application of the EPC.”
OUT-LAW.com, 28th October 2008
Source: www.out-law.com
