BAILII: Recent Decisions

Posted March 5th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)

Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)

Shrewsbury & Atcham Borough Council & Anor v Secretary of State for Communities & Local Government & Anor [2008] EWCA Civ 148 (04 March 2008)

Shrewsbury & Atcham Borough Council & Anor v Secretary of State for Communities & Local Government & Anor [2008] EWCA Civ 148 (04 March 2008)

Court of Appeal (Criminal Division)

Kirk v R [2008] EWCA Crim 434 (04 March 2008)

Source: www.bailii.org

July 21 bombers launch appeal – Daily Telegraph

Posted March 5th, 2008 in appeals, conspiracy, murder, news, terrorism by sally

“The July 21 bombers will appeal against their life sentence today having been found guilty for conspiracy to murder.”

Full story

Daily Telegraph, 5th March 2008

Source: www.telegraph.co.uk

Government consults on Trade Mark Rules – OUT-LAW.com

Posted March 5th, 2008 in news, trade marks by sally

“The Government wants to change the rules on the registering of trade marks to encourage more people to register marks. It has launched a consultation on the changes.”

Full story

OUT-LAW.com, 4th March 2008

Source: www.out-law.com

Parole hearings ‘beset by delays’ – BBC News

Posted March 5th, 2008 in news, parole by sally

“Serious shortcomings in the way inmates are assessed for parole have been revealed by the National Audit Office.”

Full story

BBC News, 5th March 2008

Source: www.bbc.co.uk

New powers for police to shut rowdy venues and cut drink-related crime – The Guardian

Posted March 5th, 2008 in alcohol abuse, licensed premises, licensing, news, police by sally

“Ministers are to give the police and local authorities powers to create ‘alcohol-free zones’ through the wholesale withdrawal of licences from pubs and clubs in city-centre problem areas.”

Full story

The Guardian, 5th March 2008

Source: www.guardian.co.uk

‘Bribe’ for foreign prisoners to return home triples to £3,000 – The Times

Posted March 5th, 2008 in deportation, news, prisons by sally

“A ‘bribe’ to persuade foreign prisoners to leave Britain has been more than tripled to £3,000 per offender by the Government as part of its drive to tackle prison overcrowding.”

Full story

The Times, 5th March 2008

Source: www.timesonline.co.uk

GAB Robins (UK) Ltd v Triggs – Times Law Reports

Posted March 5th, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs

Court of Appeal

“In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach could not be claimed in unfair dismissal proceedings before an industrial tribunal and had to be sought in separate common law proceedings.”

The Times, 5th March 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 W. Stevenson & Sons (a Partnership) – Times Law Reports

Posted March 5th, 2008 in criminal responsibility, law reports, partnerships by sally

Regina v W. Stevenson & Sons (a Partnership)

Court of Appeal (Criminal Division)

“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the partners’ personal assets on the basis of the partnership’s conviction.”

The Times, 5th March 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.

Call for inquiry as killer nurse Norris is jailed – Daily Telegraph

Posted March 5th, 2008 in murder, news, nurses by sally

“The son of an elderly woman murdered by Colin Norris called for an independent inquiry after the male nurse was jailed for a minimum of 30 years.”

Full story

Daily Telegraph, 5th March 2008

Source: www.telegraph.co.uk

Migrants challenge rule changes – BBC News

Posted March 5th, 2008 in immigration, news by sally

“The government’s decision to change the rules for highly skilled immigrants is facing a challenge in the High Court.”

Full story

BBC News, 5th March 2008

Source: www.bbc.co.uk

Man faces trial over Facebook harassment – Daily Telegraph

Posted March 5th, 2008 in computer crime, harassment, internet, news by sally

“A man will become the first person in the UK to stand trial next month accused of harassing a woman on Facebook.”

Full story

Daily Telegraph, 5th March 2008

Source: www.telegraph.co.uk

Legal Opinion: Why governments can’t carry on turning a blind eye to torture – The Independent

Posted March 5th, 2008 in special report, terrorism, torture by sally

“European judges have delivered a landmark ruling in the so-called ‘war on terror’, says Robert Verkaik, Law Editor, and it is one that we should all have reason to celebrate.”

Full story

The Independent, 5th March 2008

Source: www.independent.co.uk

City traders will be forced to record calls – OUT-LAW.com

Posted March 5th, 2008 in financial regulation, news, telecommunications by sally

“Traders in financial markets will have to record phone transactions and keep the recordings for six months, financial regulator the Financial Services Authority (FSA) has ordered.”

Full story

OUT-LAW.com, 4th March 2008

Source: www.out-law.com

Prisoner release system ‘puts public at risk’ – Daily Telegraph

Posted March 5th, 2008 in dangerous offenders, news, parole, prisons by sally

“The public could be at risk because of the haphazard way potentially dangerous prisoners are being assessed for release, spending watchdogs have found.”

Full story

Daily Telegraph, 5th March 2008

Source: www.telegraph.co.uk

More than 1,000 government laptops lost or stolen, new figures show – The Guardian

Posted March 5th, 2008 in data protection, government departments, news, theft by sally

“More than 1,000 laptops have been lost or stolen from government departments in recent years, new figures have revealed.”

Full story

The Guardian, 4th March 2008

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted March 4th, 2008 in legislation by sally

The Agricultural Holdings (Units of Production) (Wales) Order 2008

The Childcare Act 2006 (Provision of Information) (Wales) Regulations 2008

The Courts and Legal Services Act 1990 (Modification of Power to Make Rules about Licensed Conveyancers) Order 2008

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2008

The Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) Regulations 2008

The Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2008

The Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008

The Smoke Control Areas (Exempted Fireplaces) (England) Order 2008

The Smoke Control Areas (Authorised Fuels) (England) Regulations 2008

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2008

The Social Security Pensions (Home Responsibilities) Amendment Regulations 2008

The Education (Budget Statements) (England) Regulations 2008

The Criminal Justice (Northern Ireland) Order 2008

The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2008

The Wiltshire (Structural Change) Order 2008

The Cornwall (Structural Change) Order 2008

The Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008

The Child Support (Miscellaneous Amendments) Regulations 2008

The Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008

The Immigration and Nationality (Fees)(Amendment) Regulations 2008

Source: www.opsi.gov.uk

Draft joint inspection report on the Crown Court 2004 – Ministry of Justice

Posted March 4th, 2008 in criminal justice, Crown Court, reports by sally

“The Ministry of Justice has released a draft report that was prepared in 2003/04 by three criminal justice inspectorates following a joint inspection of the Crown Court … Although the report was not published at the time, and remains in draft format, a recent decision by the Information Commissioner has identified a genuine public interest in the disclosure of the report.”

Full story

Ministry of Justice, 4th March 2008

Source: www.justice.gov.uk

The future of blasphemy – BBC Law in Action

Posted March 4th, 2008 in blasphemy, special report by sally

“The government is committed to repealing the blasphemy laws – but do they serve a useful purpose?”

Full story

BBC Law in Action, 4th March 2008

Source: www.bbc.co.uk

Small print causes big concerns – BBC News

Posted March 4th, 2008 in contracts, news by sally

“Small is far from beautiful, according to an MP seeking a new law to make small print in contracts bigger.”

Full story

BBC News, 4th March 2008

Source: www.bbc.co.uk

Podcast 50: Timothy Dutton QC, Chairman of the Bar – Charon QC

Posted March 4th, 2008 in barristers, podcasts by sally

“Today I am talking to Timothy Dutton QC, Chairman of The Bar. Timothy Dutton QC was born in 1957 and was called to the Bar in 1979. He took silk in 1998. He practices in General Commercial, Public, Regulatory and Administrative Law, Professional Negligence and Disciplinary including sports.”

Podcast

Charon QC, 4th March 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of Consilio.tv