BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Raphael & Anor, R v [2008] EWCA Crim 1014 (13 May 2008)
Brind & Ors, R v [2008] EWCA Crim 934 (16 April 2008)
Court of Appeal (Civil Division)
Coyne & Anor v DRC Distribution Ltd & Anor [2008] EWCA Civ 488 (15 May 2008)
SK (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 495 (15 May 2008)
High Court (Chancery Division)
Masood & Ors v Zahoor & Ors [2008] EWHC 1034 (Ch) (14 May 2008)
High Court (Queen’s Bench Division)
Legal Services Commission v Banks & Anor [2008] EWHC 1035 (QB) (14 May 2008)
Blass v Randall [2008] EWHC 1007 (QB) (14 May 2008)
Peters v East Midlands Strategic Health Authority & Ors [2008] EWHC 778 (QB) (12 May 2008)
High Court (Commercial Court)
High Court (Patents Court)
Dyson Technology Ltd. v Samsung Gwangju Electronics [2007] EWHC 3228 (Pat) (05 December 2007)
Source: www.bailii.org
‘Associate Prosecutors’ given green light – Attorney General’s Office
“Speaking at the Institute of Legal Executives’ (ILEX) the Attorney General, Baroness Scotland QC, announced that the Crown Prosecution Services’ Designated Case Workers will now be known as Associate Prosecutors – a name that they themselves helped to select.”
Press release (PDF)
Attorney General’s Office, 15th May 2008
Source: www.attorneygeneral.gov.uk
R (Nasseri) v Secretary of State for the Home Department – WLR Daily
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150
“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”
WLR Daily, 15th 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.
Regina v Nguyen – Times Law Reports
Court of Appeal (Criminal Division)
“Where the Crown chose to rely on relevant bad character evidence which it had decided not to make the subject of a criminal charge, that could not have such an adverse effect on the fairness of the proceedings that the court ought not to admit such evidence.”
The Times, 16th 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 v Kempster – Times Law Reports
Court of Appeal (Criminal Division)
“Evidence of those experienced in comparing ear-prints was capable of being relevant and admissible but such comparison would provide information which could identify the person who had left it on a surface only when sufficient minutiae could be identified and matched.”
The Times, 16th 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.
Deportation dispute man leaves UK – BBC News
“Campaigners for a Filipino man who lost his fight to stay in the UK after his wife died are hoping to persuade the Home Office to look again at his case.”
BBC News, 15th May 2008
Source: www.bbc.co.uk
Court to rule on disclosure of MPs’ expenses – The Independent
“The High Court will rule today on whether the House of Commons has won its bid to overturn an information watchdog’s decision to force disclosure of MPs’ expenses.”
The Independent, 16th May 2008
Source: www.independent.co.uk
Police defend race-fixing inquiry – BBC News
“The City of London Police has defended the race-fixing investigation which ended with the collapse of a £10m trial but said procedures could be tightened.”
BBC News, 16th May 2008
Source: www.bbc.co.uk
Breasts not for looking but pecs are okay – Daily Telegraph
“It is perfectly legal to ogle a man’s chest but not a woman’s breasts, according to an unusual ruling on what constitutes voyeurism by a panel of leading judges at the Court of Appeal yesterday.”
Daily Telegraph, 16th May 2008
Source: www.telegraph.co.uk
Young deaths coverage questioned – BBC News
“The way in which the apparent suicides of young people in Bridgend was covered by the media is to be debated later.”
BBC News, 16th May 2008
Source: www.bbc.co.uk
Abortion debate: Gordon Brown to oppose 20-week limit change – Daily Telegraph
“An attempt to lower the legal abortion time limit will be opposed by Gordon Brown during next week’s vote on the issue.”
Daily Telegraph, 15th May 2008
Source: www.telegraph.co.uk
Judiciary should help promote mediation – Law Society’s Gazette
“Judges should help boost ‘startlingly’ low take-up rates of alternative dispute resolution (ADR) by routinely directing litigants to mediate before taking disputes to trial, the Master of the Rolls has said.”
Full story
Law Society’s Gazette, 15th May 2008
Source: www.lawgazette.co.uk
Thumbs down for designer robe – The Times
“Like the new gown for judges? You’re in the minority; splutterings of dismay and derision are far more common.”
The Times, 15th May 2008
Source: www.timesonline.co.uk
Police snap children during stop and search – The Guardian
“Scotland Yard has admitted its officers have been photographing children who are stopped and searched even after they have been found to be innocent.”
The Guardian, 16th May 2008
Source: www.guardian.co.uk
Defying convention – Law Society’s Gazette
“Releasing the ‘truly dangerous’ Abu Qatada on bail raises fundamental questions about Britain’s approach to confronting terrorism.”
Law Society’s Gazette, 15th May 2008
Source: www.lawgazette.co.uk
Worker made to wear ‘I’m Simple’ badge – Daily Telegraph
“A woman whose manager forced her to wear a badge proclaiming ‘I’m Simple’ has been awarded more than £5,000 in compensation.”
Daily Telegraph, 16th May 2008
Source: www.telegraph.co.uk
Taping killer’s calls broke the rules, Jack Straw admits – The Times
“Prison staff bugged conversations between a convicted killer and his solicitor without authorisation, Jack Straw admitted yesterday.”
The Times, 16th May 2008
Source: www.timesonline.co.uk
Government orders data retention by ISPs – OUT-LAW.com
“Phone and internet companies will soon be forced to keep logs of internet usage to be made available to the police under a new law announced by Prime Minister Gordon Brown this week.”
OUT-LAW.com, 15th May 2008
Source: www.out-law.com
