BAILII: Recent Decisions

Posted February 19th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Fearns (t/a Autopaint International) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2008] EWCA Civ 99 (19 February 2008)

Welsh Ambulance Services NHS Trust & Anor v Williams [2008] EWCA Civ 71 (15 February 2008)

Raissi, R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 72 (14 February 2008)

Coleman & Anor v Ibstock Brick Ltd [2008] EWCA Civ 73 (14 February 2008)

Pirelli Cable Holdings & Ors v HM Revenue & Customs [2008] EWCA Civ 70 (13 February 2008)

Beasley v National Grid [2008] EWCA Civ 50 (11 February 2008)

Expandable Ltd & Anor v Rubin [2008] EWCA Civ 59 (11 February 2008)

Revenue & Customs v Bank of Ireland Britain Holdings Ltd [2008] EWCA Civ 58 (08 February 2008)

National Westminster Bank Plc v Ashe (Trustee in Bankruptcy of Djabar Babai) [2008] EWCA Civ 55 (08 February 2008)

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother & Ors [2008] EWCA Civ 56 (08 February 2008)

Holmes & Anor v South Yorkshire Police Authority [2008] EWCA Civ 51 (07 February 2008)

Aissaoui v Secretary of State for the Home Department [2008] EWCA Civ 37 (07 February 2008)

Airbus UK Ltd v MG Webb [2008] EWCA Civ 49 (07 February 2008)

Bradley & Ors, R (on the application of) v Secretary of State for Work and Pensions [2008] EWCA Civ 36 (07 February 2008)

British Energy Power &Trading Ltd & Ors v Credit Suisse & Ors [2008] EWCA Civ 53 (07 February 2008)

Prudential Assurance Company Ltd v Ayres & Anor [2008] EWCA Civ 52 (07 February 2008)

Birmingham City Council v Abdishakur Aweys & Ors [2008] EWCA Civ 48 (07 February 2008)

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22 (06 February 2008)

Greenwood Reversions Ltd. v World Environment Foundation Ltd. – and – Madhav Mehra [2008] EWCA Civ 47 (06 February 2008)

Palmer v The Estate of Kevin Palmer Deceased & Ors [2008] EWCA Civ 46 (06 February 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 19th, 2008 in legislation by sally

The Legislative Reform (Health and Safety Executive) Order 2008

The Fire and Rescue Authorities (Improvement Plans) (Wales) Order 2008

The Collaboration Between Maintained Schools (Wales) Regulations 2008

The Control of School Premises (Wales) Regulations 2008

The Site Waste Management Plans Regulations 2008

The Further Education and Training Act 2007 (Commencement No. 1) (England) Order 2008

The Judicial Committee (General Appellate Jurisdiction) Rules (Amendment) Order 2008

The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) (Amendment) Regulations 2008

The Wireless Telegraphy (Exemption) (Amendment) Regulations 2008

The Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008

The European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2008

Source: www.opsi.gov.uk

R (Raissi) v Secretary of State for the Home Department – WLR Daily

Posted February 19th, 2008 in compensation, detention, judicial review, law reports, terrorism by sally

R (Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72; [2008] WLR (D) 49

“The court was entitled to decide the meaning of a ministerial policy introducing an ex gratia compensation scheme. The purpose of the policy in question was to compensate those who had spent a period in custody resulting from a serious default on the part of a police officer or some other public authority, such as the Crown Prosecution Service. It was not limited to a period in custody following a wrongful conviction or charge, but applied to a person detained for the purpose of extradition proceedings where there had been serious default by the CPS or the police.”

WLR Daily, 18th February 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.

Lexi Holdings plc (in Administration) v Luqman – Times Law Reports

Posted February 19th, 2008 in contempt of court, law reports, sentencing by sally

Lexi Holdings plc (in Administration) v Luqman

Chancery Division

“Permission of the sentencing judge was not required before granting an application for the grant of temporary release on licence by a prisoner serving a term of imprisonment for civil contempt.”

The Times, 19th February 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.

Brown v Executors of the Estate of Queen Elizabeth the Queen Mother and Others – Times Law Reports

Posted February 19th, 2008 in law reports, royal family, wills by sally

Brown v Executors of the Estate of Queen Elizabeth the Queen Mother and Others

Court of Appeal

“A person who held an irrational and scandalous belief that he was the son of the late Princess Margaret was nevertheless entitled to have a substantive hearing of his claim to inspect the wills of the princess and the Queen Mother.”

The Times, 19th February 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.

Man behind plot to behead soldier is jailed – The Times

Posted February 19th, 2008 in news, sentencing, terrorism by sally

“A fanatic backed by al-Qaeda was jailed for life yesterday for planning the kidnap, torture and beheading of a British soldier as a way of terrorising Muslims who join the Armed Forces.”

Full story

The Times, 19th February 2008

Source: www.timesonline.co.uk

Abortion libel claim by cardinal’s former aide – The Guardian

Posted February 19th, 2008 in abortion, defamation, news by sally

“The former spokesman for the head of the Catholic Church in England and Wales was ‘robbed of his moral authority’ by a newspaper article which accused him of hypocrisy over abortion, the high court heard yesterday.”

Full story

The Guardian, 19th February 2008

Source: www.guardian.co.uk

Legal aid: war of words erupts – The Times

Posted February 19th, 2008 in barristers, legal aid, news by sally

“Scores of top-level terror trials as well as the most complex murder and rape cases are at risk of being run by second-rank lawyers after more than 2,000 Queen’s Counsel and junior barristers boycotted new pay rates.”

Full story

The Times, 19th February 2008

Source: www.timesonline.co.uk

Pension schemes’ liabilities could rise by £75bn – Daily Telegraph

Posted February 19th, 2008 in news, pensions by sally

“Pension schemes’ liabilities could soar by £75 billion under proposed guidelines set out by the Pensions Regulator.”

Full story

Daily Telegraph, 19th February 2008

Source: www.telegraph.co.uk

Plan to prevent violent crime includes hundreds of knife detectors for police – The Guardian

Posted February 19th, 2008 in news, offensive weapons, police by sally

“One hundred mobile metal detector arches and 400 search wands are to be provided to the police to screen people going into knife crime hotspots, including pubs, nightclubs and football grounds, under the government’s violent crime action plan published yesterday.”

Full story

The Guardian, 19th February 2008

Source: www.guardian.co.uk

Lawyer-free consumer compensation plans – Daily Telegraph

Posted February 19th, 2008 in compensation, consumer protection, news by sally

“New compensation laws will allow consumers to claim back just a few pounds from rip-off shops and websites without the need of a lawyer.”

Full story

Daily Telegraph, 19th February 2008

Source: www.telegraph.co.uk

Treasury seeks to head off legal action – The Independent

Posted February 19th, 2008 in banking, news by sally

“The Government will try to head off legal challenges to nationalisation from Northern Rock shareholders by appointing an independent arbitrator to value the battered lender.”

Full story

The Independent, 18th February 2008

Source: www.independent.co.uk

Divorce battle goes public as McCartneys can’t agree deal – The Times

Posted February 19th, 2008 in confidentiality, divorce, news by sally

“Sir Paul McCartney and Heather Mills look set to fight out their divorce settlement in public after failing yesterday to reach a deal.”

Full story

The Times, 19th February 2008

Source: www.timesonline.co.uk

Brother keeps murder bail cash – BBC News

Posted February 19th, 2008 in bail, news, suicide by sally

“The brother of a man who is thought to have killed himself and his mother-in-law while awaiting trial will not lose his £200,000 bail bond.”

Full story

BBC News, 18th February 2008

Source: www.bbc.co.uk

‘Barely trained’ paralegals will be forced to take CPS cases to trial – The Times

Posted February 19th, 2008 in criminal justice, Crown Prosecution Service, legal services, paralegals, special report by sally

“Plans are due to go ahead for thousands of trials a year to be prosecuted by non-lawyers, even though the paralegals themselves say that they are insufficiently trained, The Times has learnt.”

Full story

The Times, 19th February 2008

Source: www.timesonline.co.uk

Whistleblowing website vows to defy court gag – The Guardian

Posted February 19th, 2008 in corruption, internet, news, whistleblowers by sally

“An international website that claims to blow the whistle on corporate and governmental fraud vowed yesterday to defy attempts by a US court to close it down. Wikileaks allows whistleblowers to anonymously post documents in an attempt to expose corruption and wrongdoing. Its owners said yesterday that a Californian judge had ordered that the site be taken offline last week, after an injunction from a Swiss bank.”

Full story

The Guardian, 19th February 2008

Source: www.guardian.co.uk

Lord Carlile Report: Control Orders Are “Justifiable And Proportional” – Home Office

Posted February 19th, 2008 in control orders, press releases, terrorism by sally

“Lord Carlile’s report on the Prevention of Terrorism Act 2005 analyses the operation of the control order system in 2007 and concludes that he ‘would have reached the same decision as the Secretary of State in each case in which a control order has been made, so far as the actual making of the order is concerned’.”

Full story

Home Office press release, 18th February 2008

Source: www.homeoffice.gov.uk

Related link: Lord Carlile’s third independent report (PDF)

Cutting costs will hit the quality of our legal system – The Times

Posted February 19th, 2008 in criminal justice, Crown Prosecution Service, legal services, special report by sally

“This week plans come before the House of Lords to expand the powers of Crown Prosecution Service caseworkers to handle a wide range of magistrates’ courts cases. It may be logical to argue that deploying these so-called designated case workers or DCWs for minor cases will free more experienced and qualified lawyers for more serious work. Yet inherently it means that the quality of representation for the prosecution will decline – because we are prepared to pay only junior staff to handle cases in the lower courts.”

Full story

The Times, 19th February 2008

Source: www.timesonline.co.uk

Police use stun gun on youth, 15 – BBC News

Posted February 19th, 2008 in news, police, weapons by sally

“The first person in Gwynedd to be tasered by North Wales Police was a 15-year-old youth, a court has heard.”

Full story

BBC News, 18th February 2008

Source: www.bbc.co.uk

Teenager wins damages after council took baby – The Guardian

Posted February 19th, 2008 in children, damages, mental health, news, social services by sally

“Nottingham city council today agreed to pay damages to a teenage mother after admitting it acted unlawfully by taking away her newborn baby.”

Full story

The Guardian, 18th February 2008

Source: www.guardian.co.uk