House of Lords Judgments: What’s new?
Source: www.parliament.uk
HIV fire service man sues brigade – BBC News
“A fire service control room operator with HIV is suing Greater Manchester Fire and Rescue Service for disability discrimination over his condition.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Khyam & Ors,R v [2008] EWCA Crim 1612 (23 July 2008)
Court of Appeal (Civil Division)
Handi-Craft Company & Anor v B Free World Ltd & Ors [2008] EWCA Civ 868 (30 July 2008)
High Court (Chancery Division)
Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)
High Court (Queen’s Bench Division)
Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)
High Court (Technology and Construction Court)
Galliford Try Infrastructure Ltd v Mott MacDonald Ltd [2008] EWHC 1864 (TCC) (17 July 2008)
Source: www.bailii.org
Cole wins ‘beating’ claim pay-out – BBC News
“Former England and Manchester United star Andrew Cole has accepted substantial undisclosed damages over a newspaper’s claim he beat his wife.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
RSPCA: ‘Throwaway society’ blamed as animal cruelty convictions rise – The Guardian
“The number of people convicted of cruelty to animals rose by 24% last year, the RSPCA says today, as it blames ‘our throwaway society’ for making dogs, cats and horses helpless victims.”
The Guardian, 30th July 2008
Source: www.guardian.co.uk
Police cleared over witness’s death – The Independent
“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”
The Independent, 30th July 2008
Source: www.independent.co.uk
Hacker loses extradition appeal – BBC News
“A Briton accused of hacking into top secret military computers has lost a Law Lords appeal against being extradited to stand trial in the US.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
Lords overturn Saudi probe ruling – BBC News
“The House of Lords has ruled that the Serious Fraud Office acted lawfully when it halted its investigation into a Saudi arms deal.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
Daily Cause List, 30th July 2008
Source: www.hmcourts-service.gov.uk
Please note only the current day’s cause list will be accessible
BBC fined £400,000 over phone-ins – BBC News
“The BBC has been fined £400,000 by media watchdog Ofcom for misleading its audiences by ‘faking’ phone-ins.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
Tesco tax avoidance schemes can form part of libel case, judge rules – The Guardian
“Details of elaborate offshore corporation tax avoidance schemes operated by Tesco were yesterday allowed to be introduced into evidence in a libel case the supermarket chain is bringing against the Guardian.”
The Guardian, 30th July 2008
Source: www.guardian.co.uk
Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) – WLR Daily
“Sewage escaping from pipes maintained by a statutory undertaker was ‘controlled waste’ within the meaning of s 33 of the Environmental Protection Act 1990.”
WLR Daily, 29th July 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.
ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily
“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”
WLR Daily, 29th July 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 (C) v Secretary of State for Justice – WLR Daily
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262
“The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children’s Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom.”
WLR Daily, 29th July 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.
Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily
“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”
WLR Daily, 29th July 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.
JT (Cameroon) v Secretary of State for the Home Department – WLR Daily
JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260
“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”
WLR Daily, 29th July 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.
Mosley v News Group Newspapers Ltd – Times Law Reports
Mosley v News Group Newspapers Ltd
Queen’s Bench Division
“It was not for the media to expose sexual conduct between consenting adults which did not involve any significant breach of the criminal law except where there was a countervailing public interest because at least one of the established limiting principles, such as victimisation or corruption of the young, came into play.”
The Times, 30th July 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.
Crime: Map shows domestic violence is everywhere – The Guardian
“Humberside police service recorded the highest number of women murdered by their partners, and the City of London police the lowest, in the past five years, according to a new map of murder rates across England and Wales published by the government’s Equalities Unit yesterday.”
The Guardian, 30th July 2008
Source: www.guardian.co.uk
Ruling due in witness murder case – BBC News
“Law Lords are expected to rule later on whether a police force breached the human rights of a witness who was murdered before he could give evidence.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
Legal Opinion: Privacy on parade in Fleet Street and the law courts – The Independent
“Our shy and retiring privacy law is rarely out of the media spotlight. The media lawyer Amber Melville-Brown suggests why we should be grateful that it exists.”
The Independent, 30th July 2008
Source: www.independent.co.uk
