BAILII: Recent Decisions
High Court (Chancery Division)
Transview Properties Ltd v City Site Properties Ltd [2008] EWHC 1221 (Ch) (03 June 2008)
High Court (Queen’s Bench Division)
Nicholson v Knox Ukiwa & Co (a firm) & Anor [2008] EWHC 1222 (QB) (02 June 2008)
Source: www.bailii.org
42-day detention: Smith reveals details of new safeguards – The Guardian
“Jacqui Smith today revealed new details of the government’s plans to introduce safeguards in its controversial legislation to detain terror suspects for up to 42 days.”
The Guardian, 3rd June 2008
Source: www.guardian.co.uk
Police did not breach rights when photographing protester – OUT-LAW.com
“Police-ordered photography of an anti-arms trade protester did not breach the protester’s privacy rights, the High Court has ruled. It is one of the few times that such alleged intrusion by the state rather than the media has been the subject of a UK ruling.”
OUT-LAW.com, 2nd June 2008
Source: www.out-law.com
15th Australian Institute of Judicial Administration Oration “Courts Governance” – Speech by Lord Phillips of Worth Matravers
15th Australian Institute of Judicial Administration Oration “Courts Governance” (PDF)
Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales
Federal Court of Australia, 30th May 2008
Source: www.judiciary.gov.uk
Justice Minister supports community sentences to cut crime – Ministry of Justice
“Tough community sentences have a real impact on reducing crime and preventing offenders from reoffending said David Hanson MP today launching a new document outlining the impact of strong community punishments.”
Ministry of Justice, 3rd June 2008
Source: www.justice.gov.uk
Related link: Community Sentencing – Reducing Reoffending, Changing Lives (PDF)
Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc – WLR Daily
“Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty.”
WLR Daily, 2nd June 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.
Kapur v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports
Kapur v Comptroller-General of Patents, Designs and Trade Marks
Chancery Division
“The exclusion within section 1(2)(c) of the Patents Act 1977 stating that schemes rules and methods for performing mental acts were not to be regarded as inventions should be construed narrowly. What should be considered was whether a claim actually covered a purely mental implementation of a claimed invention.”
The Times, 3rd June 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.
Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency – Times Law Reports
Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency
Court of Appeal
“A Belgian road haulier’s licence empowered a licensed haulier to engage in temporary road haulage in the United Kingdom but any full-time operation in the UK was illegal without a current licence granted by the UK licensing authority.”
The Times, 3rd June 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.
Asbestos compensation case begins – BBC News
“A legal battle over compensation for asbestos victims is due to begin.”
BBC News, 3rd June 2008
Source: www.bbc.co.uk
Smoker wins £20,000 battle with Customs – Daily Telegraph
“A former landscape gardener, accused of smuggling tobacco in his car from Belgium, has won a £20,000 legal battle with Customs officials to get the vehicle back.”
Daily Telegraph, 2nd June 2008
Source: www.telegraph.co.uk
Change to birth laws means an end to ‘fatherless’ children – The Times
“All fathers will be required to sign their baby’s birth certificate under a change in the law designed to ensure that both parents are involved in a child’s life.”
The Times, 3rd June 2008
Source: www.timesonline.co.uk
Ministers sense terror vote shift – BBC News
“Confidence is growing among ministers that the threat of a government defeat over plans to extend detention without charge of terror suspects is receding.”
BBC News, 3rd June 2008
Source: www.bbc.co.uk
Office of Fair Trading raids bank offices as part of price-fixing inquiry – The Times
“The Office of Fair Trading conducted a series of dawn raids at offices of Barclays and Royal Bank of Scotland (RBS) as part of an investigation into price-fixing on loans to lawyers and accountancy firms.”
The Times, 3rd June 2008
Source: www.timesonline.co.uk
Complaint over British role in extraordinary rendition – The Guardian
“A complaint was made yesterday to the information commissioner about the government’s behaviour over the use of the British island of Diego Garcia for the rendition of US prisoners.”
The Guardian, 3rd June 2008
Source: www.guardian.co.uk
EU human rights chief renews attack on 42-day detention plan – The Guardian
“Allowing terrorist suspects to be held without charge for up to 42 days in the UK could encourage other EU countries to pass similar legislation, Europe’s human rights commissioner said today.”
The Guardian, 2nd June 2008
Source: www.guardian.co.uk
Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports
Moulai v Deputy Public Prosecutor, Creteil
Queen’s Bench Divisional Court
“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an extradition order.”
The Times, 2nd June 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.
Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports
Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd
Court of Appeal
“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”
The Times, 2nd June 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.
MO (Nigeria) v Secretary of State for Home Department – Times Law Reports
MO (Nigeria) v Secretary of State for Home Department
Court of Appeal
“Where no transitional provisions existed, applications made under a previous regime of rules would be adjudged under the current replacement rules.”
The Times, 2nd June 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.