Daily Cause List, 28th July 2008
Source: www.hmcourts-service.gov.uk
Please note only the current day’s cause list will be accessible
Podcast 75: Carl Gardner on the Mosley judgment, privacy and exemplary damages – Charon QC
“Today I am talking to Carl Gardner, barrister and author of the Head of Legal blog, about the judgment of Mr Justice Eady in Mosley. We examine the developing law on privacy, exemplary damages and question whether the decision was in fact a ‘landmark’ decision in some aspect, including, as a side effect, the law on consent generally after R v Brown.”
Charon QC, 26th July 2008
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
Recent Statutory Instruments – OPSI
The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
The Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008
The Small Limited Liability Partnerships (Accounts) Regulations 2008
The Road Safety Act 2006 (Commencement No. 4) Order 2008
The Finance Act 2008, Schedule 38, (Appointed Day) Order 2008
The Individual Savings Account (Amendment No. 2) Regulations 2008
The Finance Act 2008 Section 135 (Disaster or Emergency) Order 2008
The Insurance Premium Tax (Amendment) Regulations 2008
The Gaming Duty (Amendment) Regulations 2008
The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2008
The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008
The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008
The Adventure Activities Licensing (Amendment) Regulations 2008
Source: www.opsi.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Goldeagle Properties Ltd v Thornbury Court Ltd (Rev 1) [2008] EWCA Civ 864 (25 July 2008)
High Court (Chancery Division)
Brittain v Courtway Estates Holdings SA & Anor [2008] EWHC 1791 (Ch) (25 July 2008)
The Royal Oak Property Company Ltd v Iktilat & Anor [2008] EWHC 1703 (Ch) (23 July 2008)
High Court (Queen’s Bench Division)
Smith v ADVFN Plc & Ors [2008] EWHC 1797 (QB) (25 July 2008)
High Court (Family Division)
London Borough of Haringey v MA & Ors [2008] EWHC 1722 (Fam) (21 July 2008)
High Court (Administrative Division)
High Court (Patents Court)
Land Securities Plc & Ors v The Registrar of Trade Marks [2008] EWHC 1744 (Pat) (25 July 2008)
Source: www.bailii.org
Legal aid for canoe fraud couple – BBC News
“Back-from-the-dead canoeist John Darwin and his wife Anne have been awarded legal aid to fight attempts to recover their assets.”
BBC News, 25th July 2008
Source: www.bbc.co.uk
Nanny walks free after judge orders jury to find her not guilty of baby killing – Daily Telegraph
“A nanny accused of killing the baby son of two police officers walked free from court after a judge directed a jury to find her not guilty. “
Daily Telegraph, 25th July 2008
Source: www.telegraph.co.uk
Man jailed over tiny gun shooting – BBC News
“A man has been jailed for nine years for shooting a fellow clubber with a mini four-inch key-ring gun.”
BBC News, 25th July 2008
Source: www.bbc.co.uk
Johnston Publishing (North) Ltd v Revenue and Customs Commissioners – WLR Daily
“In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be ‘associated’ not only at the time of leaving the group but also at the time of the relevant intra-group transfer. On the proper construction of the section, the use of the word ‘associated’ on its second appearance was not redundant but required the court to consider whether that word was intended to serve some purpose and was not redundant.”
WLR Daily, 24th 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.
esure Insurance Ltd v Direct Line Insurance plc – WLR Daily
esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252
“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”
WLR Daily, 24th 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.
R v Hills; R v Davies; R v Pomfret – WLR Daily
R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251
There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”
WLR Daily, 24th 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.
Haringey London Borough Council v MA – WLR Daily
Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250
“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”
WLR Daily, 24th 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.
R v Bieber – WLR Daily
R v Bieber; [2008] WLR (D) 249
“An irreducible life sentence for murder, which was imposed because the offence was so serious that for the purposes of punishment and deterrence the offender must remain in prison for the rest of his days, did not result in detention that constituted inhuman or degrading treatment. In any event, a whole life term was not an irreducible sentence since the Home Secretary could always use his statutory power to release a prisoner whose continued imprisonment would amount to inhuman or degrading treatment.”
WLR Daily, 24th 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Richardson & Anor v MacNab & Anor [2008] EWCA Civ 860 (24 July 2008)
Bush v Bush [2008] EWCA Civ 865 (24 July 2008)
Birmingham Development Company Ltd. v Tyler [2008] EWCA Civ 859 (24 July 2008)
High Court (Chancery Division)
Bocardo SA v Star Energy UK Onshore Ltd & Anor [2008] EWHC 1756 (Ch) (24 July 2008)
High Court (Queen’s Bench Division)
Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)
Source: www.bailii.org
Bulale v Secretary of State for the Home Department
Bulale v Secretary of State for the Home Department
Court of Appeal
“The Court of Appeal did have jurisdiction in rare cases to pursue of its own motion a point of general importance not raised below in order to ensure the state’s compliance with its international obligations.”
The Times, 25th 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.
Recent Statutory Instruments – OPSI
The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008
The Companies (Reduction of Share Capital) Order 2008
The Police Appeals Tribunals Rules 2008
The Police (Conduct) Regulations 2008
The Water Act 2003 (Commencement No. 8) Order 2008
The General Optical Council (Therapeutics and Contact Lens Specialties) Rules Order of Council 2008
The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2008
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2008
The Commonhold (Land Registration) (Amendment) Rules 2008
The Land Registration (Proper Office) (Amendment) Order 2008
The Health Service Branded Medicines (Control of Prices and Supply of Information) Regulations 2008
The Legislative Reform (Lloyd’s) Order 2008
The Police (Performance) Regulations 2008
Source: www.opsi.gov.uk
Punishment that was not a crime: why Mosley won in the high court – The Guardian
“It was at 7:50am on Thursday July 10 when it all started to go really wrong for the News of the World. It was then, on the fourth day of Max Mosley’s privacy action, that the paper’s barrister, Mark Warby QC, received the devastating news from his clients. Woman E, the dominatrix paid £12,000 to secretly film Mosley in a sadomasochistic orgy, wasn’t coming to court that morning to appear as the paper’s star witness after all. ‘Her emotional and mental state is such that it would not be fair or reasonable to call her to give evidence’, Warby told the judge, Mr Justice Eady.”
The Guardian, 25th July 2008
Source: www.guardian.co.uk
How red-top lawyer Mr Justice Eady became privacy judge – The Times
“Mr Justice Eady has created almost single-handedly what is now a privacy law in Britain through a series of recent rulings that he sees as remedying a ‘glaring deficiency in our law’. ”
The Times, 25th July 2008
Source: www.timesonline.co.uk
