BAILII: Recent Decisions

Posted March 4th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141 (28 February 2008)

Giles v Rhind [2008] EWCA Civ 118 (28 February 2008)

Fulham Leisure Holdings Ltd v Nicholson Graham & Jones (A Firm) [2008] EWCA Civ 84 (28 February 2008)

Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (29 February 2008)

AS (Somalia) & Anor v Entry Clearance Officer, Addis Ababa & Anor [2008] EWCA Civ 149 (29 February 2008)

Wasa International Insurance Company Ltd. v Lexington Insurance Company [2008] EWCA Civ 150 (29 February 2008)

Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 (29 February 2008)

Olafsson v Gissurarson [2008] EWCA Civ 152 (03 March 2008)

Court of Appeal (Criminal Division)

Cockburn, R v [2008] EWCA Crim 316 (28 February 2008)

R v R [2008] EWCA Crim 370 (29 February 2008)

High Court (Queen’s Bench Division)

Kurtha v Marks [2008] EWHC 336 (QB) (27 February 2008)

Caudle v Ld Law Ltd. [2008] EWHC 374 (QB) (29 February 2008)

High Court (Administrative Court)

Asghar & Co Solicitors, R (on the application of) v The Law Society [2008] EWHC 342 (Admin) (27 February 2008)

Secretary of State for the Home Department v AN [2008] EWHC 372 (Admin) (29 February 2008)

Privy Council

Pitman v. The State (Trinidad And Tobago) [2008] UKPC 16 (3 March 2008)

Knight v. Attorney General of the Cayman Islands (Cayman Islands) [2008] UKPC 14 (25 February 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 4th, 2008 in legislation by sally

The Housing (Right to Buy) (Priority of Charges) (Wales) Order 2008

The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2008

The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) (Amendment) Regulations 2008

The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008

The Car Fuel Benefit Order 2008

The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008

The Shropshire (Structural Change) Order 2008

The County Durham (Structural Change) Order 2008

The Northumberland (Structural Change) Order 2008

Source: www.opsi.gov.uk

Anger as inmate flees open prison – BBC News

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

“Demands to know why a violent robber with 100 previous offences who has absconded from an open prison was there in the first place have been made.”

Full story

BBC News, 4th March 2008

Source: www.bbc.co.uk

Brothers jailed for £220k fraud – BBC News

Posted March 4th, 2008 in benefits, conspiracy, fraud, news, sentencing by sally

“Two brothers have been jailed for falsely claiming more than £220,000 in housing and council tax benefits.”

Full story

BBC News, 3rd March 2008

Source: www.bbc.co.uk

Jewish race row threatens school admissions – Daily Telegraph

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

“The parents of a 13-year-old girl are to bring a landmark court case that could force religious schools to water down their admissions policies.”

Full story

Daily Telegraph, 4th March 2008

Source: www.telegraph.co.uk

Rape cases: police admit failing victims – The Guardian

Posted March 4th, 2008 in news, police, rape by sally

“Police are contributing to the ‘appalling’ conviction rate in rape cases because officers too often fail to take alleged victims seriously enough and settle for mediocrity in their inquiries, the senior policeman responsible for raising standards in rape investigations has told the Guardian.”

Full story

The Guardian, 4th March 2008

Source: www.guardian.co.uk

Jury’s still out on 24-hour drinking – The Independent

Posted March 4th, 2008 in licensed premises, licensing, news by sally

“Gordon Brown will keep open the option of reversing the controversial move to allow pubs and clubs to open 24 hours a day.”

Full story

The Independent, 4th March 2008

Source: www.independent.co.uk

Teenager wins age discrimination claim – The Times

Posted March 4th, 2008 in age discrimination, news by sally

” A 19-year-old woman who claimed that she was sacked for being too young has been awarded more than £16,000 in compensation after winning a ground-breaking case against her former employer.”

Full story

The Times, 4th March 2008

Source: www.timesonline.co.uk

Girl, 15, convicted of murder – The Guardian

Posted March 3rd, 2008 in murder, news, young offenders by sally

“A 15-year-old girl who stabbed a young mother to death while high on drink and drugs was convicted of murder today.”

Full story

The Guardian, 3rd March 2008

Source: www.guardian.co.uk

Law schools hike LPC fees – The Lawyer

Posted March 3rd, 2008 in legal education, news by sally

“BPP law school is to hike its Legal Practice Course (LPC) fees by a whopping 10 per cent despite already being the most expensive postgraduate law school in London.”

Full story

The Lawyer, 3rd March 2008

Source: www.thelawyer.com

Conservative prison plans in full – The Guardian

Posted March 3rd, 2008 in news, prisons by sally

“Prisoners should be banned from watching television unless they have earned the right through good behaviour, the Tories said today. That was one of the detailed ideas in the 112-page ‘green paper’, Prisons with a Purpose, published by the Conservative leader, David Cameron.”

Full story

The Guardian, 3rd March 2008

Source: www.guardian.co.uk

Nurse convicted of killing four patients – The Guardian

Posted March 3rd, 2008 in murder, news, nurses by sally

“A nurse was today convicted of murdering four elderly patients with lethal doses of the diabetes drug insulin.”

Full story

The Guardian, 3rd March 2008

Source: www.guardian.co.uk

How much do prisoners get paid? – BBC News Magazine

Posted March 3rd, 2008 in prisons, special report by sally

“David Cameron has proposed that inmates hand over part of their wages to victims of their crimes. So how much are they paid?”

Full story

BBC News Magazine, 3rd March 2008

Source: www.bbc.co.uk

Ballots add to pressure for treaty referendum – The Times

Posted March 3rd, 2008 in EC law, news, referendums, treaties by sally

“Pressure for a national referendum on the Lisbon treaty intensified yesterday when a pressure group announced that more than 150,000 people took part in local ballots on the issue.”

Full story

The Times, 3rd March 2008

Source: www.timesonline.co.uk

Regina (M) v Hammersmith and Fulham London Borough Council – Times Law Reports

Posted March 3rd, 2008 in children, housing, law reports, social services by sally

Regina (M) v Hammersmith and Fulham London Borough Council

House of Lords

“Where a child had been provided with accommodation by a local authority’s housing department but had not come to the attention of its children’s services department, she was not entitled to further council support in her own right.”

The Times, 3rd 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.

Recent Statutory Instruments – OPSI

Posted March 3rd, 2008 in legislation by sally

The Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2008

The Companies (Disclosure of Auditor Remuneration and Liability Limitation Agreements) Regulations 2008

The Prescription Only Medicines (Human Use) Amendment Order 2008

The Offender Management Act 2007 (Commencement No. 2 and Transitional Provision) Order 2008

The Welfare Reform Act 2007 (Commencement No. 5) Order 2008

The Companies (Trading Disclosures) Regulations 2008

The Statutory Auditors (Delegation of Functions etc) Order 2008

The Companies (Late Filing Penalties) and Limited Liability Partnerships (Filing Periods and Late Filing Penalties) Regulations 2008

The Greater London Authority Elections (Election Addresses) (Amendment) Order 2008

The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008

The Products of Animal Origin (Disease Control) (England) Regulations 2008

The European Qualifications (Health and Social Care Professions) (Amendment) Regulations 2008

The Central Rating List (England) (Amendment) Regulations 2008

The Local Government and Public Involvement in Health Act 2007 (Commencement No.4) Order 2008

The Categories of Casino Regulations 2008

The Gambling (Geographical Distribution of Large and Small Casino Premises Licences) Order 2008

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2008

Source: www.opsi.gov.uk

Officials warn of terrorist links to prison gangs – The Guardian

Posted March 3rd, 2008 in gangs, news, prisons, terrorism by sally

“The growing number of terrorist prisoners are forging connections with the existing gangs inside Britain’s high security jails to the alarm of senior Prison Service managers, according to internal Ministry of Justice documents.”

Full story

The Guardian, 3rd March 2008

Source: www.guardian.co.uk

Intermediaries to help young sex abuse victims in court – The Guardian

Posted March 3rd, 2008 in news, sexual offences, victims by sally

“Sex offenders who prey on adults with learning disabilities and young children are to be brought to justice under a groundbreaking scheme to be launched throughout England and Wales next month.”

Full story

The Guardian, 3rd March 2008

Source: www.guardian.co.uk

Prisoner seriously assaulted every 45 minutes in Britain – The Independent

Posted March 3rd, 2008 in assault, news, prisons by sally

“One serious attack takes place every 45 minutes in the overcrowded jails of England and Wales as prison staff struggle to cope with soaring levels of violence. Ministry of Justice figures reveal the number of assaults on prisoners by cellmates have rocketed from 1,790 in 1996 to 11,826 last year, a rise of 561 per cent in just over a decade.”

Full story

The Independent, 3rd March 2008

Source: www.independent.co.uk

MPs dismayed by HFEA’s hybrid egg decision – Daily Telegraph

Posted March 3rd, 2008 in embryology, news by sally

“The body which regulates embryo research is to come under fire for allowing scientists to create part-human, part-animal hybrids.”

Full story

Daily Telegraph, 3rd March 2008
Source: www.telegraph.co.uk