BAILII: Recent Decisions

Posted May 13th, 2008 in law reports by sally

High Court (Chancery Division)

London Strategic Health Authority v Pandya & Ors [2008] EWHC 967 (Ch) (09 May 2008)

High Court (Family Division)

SK, Re [2007] EWHC 3289 (Fam) (12 December 2007)

Lancashire County Council v D & E [2008] EWHC 832 (Fam) (14 March 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted May 13th, 2008 in legislation by sally

The Financial Assistance For Industry (Increase of Limit) Order 2008

The Freedom of Information (Additional Public Authorities) Order 2008

The Measuring Instruments (EC Requirements) (Amendment) Regulations 2008

The Offender Management Act 2007 (Approved Premises) Regulations 2008

Source: www.opsi.gov.uk

Shoplifter asks for her own Asbo – BBC News

Posted May 13th, 2008 in ASBOs, news by sally

“A convicted shoplifter is believed to be the first person to have requested her own Asbo, police have said.”

Full story

BBC News, 13th May 2008

Source: www.bbc.co.uk

Alton and Others v Secretary of State for the Home Department – Times Law Reports

Posted May 13th, 2008 in law reports, proscribed organisations, terrorism by sally

Alton and Others v Secretary of State for the Home Department

Court of Appeal

“An organisation that had no capacity to carry on terrorist activities and was taking no steps to acquire such capacity or otherwise to promote or encourage terrorist activities could not be said to be concerned in terrorism simply because its leaders had the contingent intention to resort to terrorism in the future.”

The Times, 13th 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 (A) v West Middlesex University Hospital NHS Trust – Times Law Reports

Posted May 13th, 2008 in asylum, law reports, medical treatment by sally

Regina (A) v West Middlesex University Hospital NHS Trust

Queen’s Bench Division

“A failed asylum seeker could become ordinarily resident in the United Kingdom so as to be eligible for free treatment by the National Health Service.”

The Times, 13th 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.

Gregson v HAE Trustees Ltd and Others – WLR Daily

Posted May 13th, 2008 in law reports, trusts by sally

Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch); [2008] WLR (D) 146

“The duty in s 4(2) of the Trustee Act 2000 (‘the Act’) was a separate and independent duty, which was not restricted to exercises of the power of investment.”

WLR Daily, 12th May 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

King v Serious Fraud Office – WLR Daily

Posted May 13th, 2008 in jurisdiction, law reports, proceeds of crime by sally

King v Serious Fraud Office [2008] EWCA Crim 530; [2008] WLR (D) 147

“Arts 6, 7 and 8 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, read as a whole, provided a scheme to make a restraint order in response to an external request only in respect of property in England and Wales. There was no power to make a restraint order in respect of property outside the jurisdiction.”

WLR Daily 12th 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.

Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Posted May 13th, 2008 in appeals, extradition, law reports, time limits by sally

Moulai v Deputy Public Prosecutor in Creteil, France [2008] EWHC 1024 (Admin); [2008] WLR (D) 148

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an order extraditing (or not extraditing) a person.”

WLR Daily 12th 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.

Director of Public Prosecutions of the British Virgin Islands v Penn – WLR Daily

Posted May 13th, 2008 in criminal procedure, juries, law reports by sally

Director of Public Prosecutions of the British Virgin Islands v Penn [2008] UKPC 29; [2008] WLR (D) 149

“Where a defendant had been convicted by a jury which had been empanelled from an array which did not meet the requirements laid down by statute his conviction should not be overturned and a retrial ordered unless the statutory language and intent so required or there was reason to think his trial had been unfair.”

WLR Daily 12th 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.

The Second Civil Mediation Council National Conference: The Future of Civil Mediation – Speech by Sir Anthony Clarke, Master of the Rolls

Posted May 13th, 2008 in dispute resolution, speeches by sally

The Second Civil Mediation Council National Conference: The Future of Civil Mediation (PDF)

Speech by Sir Anthony Clarke, Master of the Rolls

The Second Civil Mediation Council National Conference, 8th May 2008

Source: www.judiciary.gov.uk

Housing: Proportionate Dispute Resolution – Law Commission

Posted May 13th, 2008 in dispute resolution, housing, reports by sally

“A project to review the law and practice on how housing disputes are resolved, with the aim of reforming it to make it simple, effective, fair and proportionate.”

Full story

Law Commission, 12th May 2008

Source: www.lawcom.gov.uk

HM Revenue sued over pension scheme tax – The Times

Posted May 13th, 2008 in fees, news, VAT by sally

“The National Association of Pension Funds (NAPF) has teamed up with a private pension scheme that manages the retirement savings of Ford, Jaguar and Land Rover workers to bring a £300 million legal challenge against the Government’s policy of charging VAT on investment management fees. ”

Full story

The Times, 12th May 2008

Source: www.timesonline.co.uk

Lord Chief Justice and his funky new gown – The Times

Posted May 13th, 2008 in court dress, judiciary, news by sally

“For 300 years the wig and gown have symbolised the authority of the court. All that will change in October, when judges in civil and family cases will ditch their horsehair wigs and instead be dressed by a designer whose trademark is ‘funky British clothes for aspiring funky British girls’.”

Full story

The Times, 13th May 2008

Source: www.timesonline.co.uk

Knife offenders may get off with just a fine – Daily Telegraph

Posted May 13th, 2008 in news, offensive weapons, sentencing by sally

“Criminals convicted of carrying knives are likely to escape jail under sentencing guidelines issued on Monday.”

Full story

Daily Telegraph, 13th May 2008

Source: www.telegraph.co.uk

Post office legal battle launched – BBC News

Posted May 13th, 2008 in news, postal service by sally

“A severely disabled woman has taken her campaign to save her local post office to the High Court.”

Full story

BBC News, 12th May 2008

Source: www.bbc.co.uk

Freedom for woman who kept trying to kill disabled husband – The Times

Posted May 13th, 2008 in news by sally

” A woman who tried repeatedly to kill her disabled husband was spared a prison sentence after a court accepted that she had been unable to cope with the strain of caring for him.”

Full story

The Times, 13th May 2008

Source: www.timesonline.co.uk

Labour MPs set to defy whip over vote on embryology Bill – The Independent

Posted May 13th, 2008 in news by sally

“MPs were deeply split last night over embryo research and abortion as they began debating hugely contentious reforms to the way the practices are regulated.”

Full story

The Independent, 13th May 2008

Source: www.independent.co.uk

Jobs for junior lawyers dry up as boom ends – The Times

Posted May 13th, 2008 in news by sally

“Britain’s largest law firms are reducing the number of junior lawyers they are hiring amid concerns that debt finance and corporate takeover work both in London and overseas has largely dried up.”

Full story

The Times, 13th May 2008

Source: www.timesonline.co.uk

Information Commissioner gets power to fine for privacy breaches – OUT-LAW.com

Posted May 13th, 2008 in data protection, fines, news by sally

“The Information Commissioner has been given the ability to fine organisations if their operational procedures cause a gross breach of data protection principles. The move, which had not been expected by privacy experts, follows a Government defeat in the House of Lords.”

Full story

OUT-LAW.com, 12th May 2008

Source: www.out-law.com

Farepak savings bosses may face prosecution – The Guardian

Posted May 13th, 2008 in credit unions, news by sally

“The government may take legal action against the directors and accountants behind Farepak, the Christmas savings club which collapsed leaving 150,000 people short of almost £40m in savings.”

Full story

The Guardian, 13th May 2008

Source: www.guardian.co.uk