BAILII: Recent Decisions

Posted May 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kempster, R v [2008] EWCA Crim 975 (07 May 2008)

Court of Appeal (Civil Division)

Seele Austria GmbH & Co KG v Tokio Marine Europe Insurance Ltd [2008] EWCA Civ 441 (07 May 2008)

Secretary of State for the Home Department v Lord Alton of Liverpool & Ors [2008] EWCA Civ 443 (07 May 2008)

Murray v Big Pictures (UK) Ltd [2008] EWCA Civ 446 (07 May 2008)

Arnup v MW White Ltd. [2008] EWCA Civ 447 (07 May 2008)

High Court (Chancery Division)

Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors [2008] EWHC 991 (Ch) (07 May 2008)

High Court (Queen’s Bench Division)

Isle of Anglesey County Council & Anor v Welsh Ministers & Ors [2008] EWHC 921 (QB) (06 May 2008)

High Court (Administrative Court)

Warren, R (on the application of) v Her Majesty’s Assistant Coroner for Northamptonshire [2008] EWHC 966 (Admin) (29 April 2008)

X v An NHS Trust [2008] EWHC 986 (Admin) (07 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC [2008] EWHC 800 (Pat) (21 April 2008)

Source: www.bailii.org

Rock shareholders begin legal bid – BBC News

Posted May 8th, 2008 in banking, compensation, nationalisation, news by sally

“Shareholders in nationalised bank Northern Rock are launching a court challenge over compensation they are due to receive.”

Full story

BBC News, 8th May 2008

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted May 8th, 2008 in legislation by sally

The Extradition Act 2003 (Amendment to Designations) Order 2008

The Mental Health (Nurses) (England) Order 2008

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

The Disabled Facilities Grants (Maximum Amounts and Additional Purposes) (England) Order 2008

The Housing Renewal Grants (Amendment) (England) Regulations 2008

The Mental Health (Mutual Recognition) Regulations 2008

The Mental Health (Conflicts of Interest) (England) Regulations 2008

The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008

The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008

The British Overseas Territories Citizenship (Designated Service) (Amendment) Order 2008

Source: www.opsi.gov.uk

Schillings wins Appeal Court victory for author JK Rowling – The Lawyer

Posted May 8th, 2008 in children, media, news, privacy by sally

“Media law firm Schillings scored a victory in the Court of Appeal today (7 May), which held that the privacy of client and Harry Potter author JK Rowlings’ five-year-old son had been infringed.”

Full story

The Lawyer, 7th May 2008

Source: www.thelawyer.com

Paediatrician to face GMC again – BBC News

Posted May 8th, 2008 in doctors, news, professional conduct by sally

“The General Medical Council is due to begin a new investigation into the work of paediatrician David Southall.”

Full story

BBC News, 8th May 2008

Source: www.bbc.co.uk

Plan to increase abortion sites – BBC News

Posted May 7th, 2008 in abortion, news by sally

“A consultation is to be launched over whether to relax abortion rules by allowing terminations outside hospital settings in England, ministers say.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

Barrister shot dead in London police siege – The Guardian

Posted May 7th, 2008 in firearms, news, police by sally

“A gunman shot dead after repeatedly opening fire on police during a five-hour stand-off in an exclusive west London square has been named locally as a practising barrister who may also have recently served in the British army.”

Full story

The Guardian, 7th May 2008

Source: www.guardian.co.uk

How did no-win no-fee change things? – BBC News Magazine

Posted May 7th, 2008 in fees, special report by sally

“It’s a decade since no-win no-fee rules were extended to most civil court cases, but what change has the now notorious “conditional fee agreement” brought?”

Full story

BBC News Magazine, 7th May 2008

Source: www.bbc.co.uk

Cannabis laws to be strengthened – The Independent

Posted May 7th, 2008 in drug offences, news by sally

” Jacqui Smith defied the Government’s own experts today by announcing that laws on cannabis will be toughened up.”

Full story

The Independent, 7th May 2008

Source: www.independent.co.uk

UK’s ‘terror’ ban appeal denied – BBC News

Posted May 7th, 2008 in news, proscribed organisations, terrorism by sally

“The government has been denied permission to challenge an order that it take an Iranian opposition group off a list of banned terror organisations.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

Boris bans alcohol on buses and tube – The Independent

Posted May 7th, 2008 in alcohol abuse, London, news, transport by sally

” New London Mayor Boris Johnson today announced an alcohol ban on transport in the capital.”

Full story

The Independent, 7th May 2008

Source: www.independent.co.uk

New national reoffending measures – a guide – Ministry of Justice

Posted May 7th, 2008 in crime, news, recidivists, statistics by sally

“An explanation of changes to the way the government is measuring reoffending rates.”

Full story

Ministry of Justice, 7th May 2008

Source: www.justice.gov.uk

Lords linger over extreme porn definition – The Register

Posted May 7th, 2008 in parliament, pornography, special report by sally

“The camel that is the UK Government’s answer to what it terms ‘extreme porn’ lumbers onward. Although, by the time it escaped the Lords last week it really was beginning to look like a particularly moth-eaten dromedary.”

Full story

The Register, 5th May 2008

Source: www.theregister.co.uk

The Voice of the Child: Children’s “rights” in Family Proceedings – Speech by Sir Mark Potter President of the Family Division

Posted May 7th, 2008 in children, family courts, lectures by sally

The Voice of the Child: Children’s “rights” in Family Proceedings (PDF)

Lionel Cohen Lecture by Sir Mark Potter, President of the Family Division

Israel, 4th May 2008

Source: www.judiciary.gov.uk

How to make the LPC and BVC fees war work for you – The Times

Posted May 7th, 2008 in fees, legal education, special report by sally

“Rebecca Attwood looks at why there is such disparity in what colleges charge.”

Full story

The Times, 6th May 2008

Source: www.timesonline.co.uk

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 7th, 2008 in law reports, race discrimination, victimisation by sally

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening); [2008] WLR (D) 138

“S 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not to a complaint of victimisation.”

WLR Daily, 6th May 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.

Recent Statutory Instruments – OPSI

Posted May 7th, 2008 in legislation by sally

The Primary Ophthalmic Services Transitional Provisions Regulations 2008

The Defence Aviation Repair Agency Trading Fund (Revocation) Order 2008

The Primary Ophthalmic Services Regulations 2008

The Air Navigation (Restriction of Flying) (Scottish Highlands) Regulations 2008

The Teesport (Land Acquisition) Order 2008

The General Ophthalmic Services Contracts Regulations 2008

Source: www.opsi.gov.uk

Burden and Another v United Kingdom (Application No 13378/05) – Times Law Reports

Posted May 7th, 2008 in law reports by sally

Burden and Another v United Kingdom (Application No 13378/05)

European Court of Human Rights

“Sisters who shared a house could not be compared to a couple united by law so as to invoke provisions prohibiting discrimination.”

The Times, 7th May 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.

Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence – Times Law Reports

Posted May 7th, 2008 in law reports, medicines, mental health by sally

Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence

Court of Appeal

“Procedural fairness required the National Institute for Health and Clinical Excellence to release a fully executable version of an economic model to those consulted in the course of an appraisal process and not simply a read-only version. To do otherwise would place drug companies at a significant disadvantage in challenging the reliability of those models.”

The Times, 7th May 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.

More lie detectors to curb fraud – BBC News

Posted May 7th, 2008 in benefits, fraud, news by sally

“Fifteen councils across Britain are to be offered lie detectors to help catch out benefit cheats who cost taxpayers up to £400m a year.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk