BAILII: Recent Decisions

Posted December 11th, 2007 in law reports by sally

Court of Appeal (Civil Division)

AB (Jamaica) v Secretary of State for the Home Department [2007] EWCA Civ 1302 (06 December 2007)

Pitts & Ors v Jones [2007] EWCA Civ 1301 (06 December 2007)

Haines v Hill & Anor [2007] EWCA Civ 1284 (05 December 2007)

Powell & Anor v Benney [2007] EWCA Civ 1283 (05 December 2007)

C v D [2007] EWCA Civ 1282 (05 December 2007)

Waltham Forest v Maloba [2007] EWCA Civ 1281 (04 December 2007)

Court of Appeal (Criminal Division)

Harrison v R [2007] EWCA Crim 2976 (05 December 2007)

Esat v Crown Prosecution Service [2007] EWCA Crim 2941 (04 December 2007)

A, R. v [2007] EWCA Crim 2868 (04 December 2007)

High Court (Administrative Court)

Bullivant, Re [2007] EWHC 2938 (Admin) (11 December 2007)

Ministry of Defence v Foxley & Ors [2007] EWHC 2874 (Admin) (10 December 2007)

Green, R (on the application of) v The City of Westminster Magistrates’ Court [2007] EWHC 2785 (Admin) (05 December 2007)

High Court (Chancery Division)

Kostic v Chaplin & Ors [2007] EWHC 2909 (Ch) (07 December 2007)

Societa Esplosivi Industriali Spa v Ordnance Technologies (UK) Ltd & Ors [2007] EWHC 2875 (Ch) (05 December 2007)

Financial Services Compensation Scheme Ltd. v Abbey National Treasury Services Plc [2007] EWHC 2868 (Ch) (04 December 2007)

High Court (Commercial Court)

St Ivel Ltd v Wincanton Group Ltd & Anor [2007] EWHC 2906 (Comm) (06 December 2007)

Czech Republic v European Media Ventures SA [2007] EWHC 2851 (Comm) (05 December 2007)

High Court (Queen’s Bench Division)

Chan v Barts & the London NHS Trust [2007] EWHC 2914 (QB) (07 December 2007)

Rickard Metals v Cotton (t/a Allmat Enterprises) & Anor [2007] EWHC 2915 (QB) (07 December 2007)

Allitt, Re [2007] EWHC 2845 (QB) (06 December 2007)

RDF Media Group Plc & Anor v Clements [2007] EWHC 2892 (QB) (05 December 2007)

Source: www.bailii.org

Regina v Hawkes (Attorney-General’s Reference No 68 of 2007) – Times Law Reports

Posted December 11th, 2007 in drug offences, firearms, law reports, sentencing by sally

Regina v Hawkes (Attorney-General’s Reference No 68 of 2007)

“Drug dealers who kept weapons with a view to using violence would, on conviction, have their sentences significantly increased to reflect that fact.”

The Times, 11th December 2007

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.

Inner West London Assistant Deputy Coroner v Channel 4 Television Corporation and Another – Times Law Reports

Posted December 11th, 2007 in inquests, law reports, witnesses by sally

Inner West London Assistant Deputy Coroner v Channel 4 Television Corporation and Another

“Courts should avoid trying to fit a coroner’s application for a witness summons into the template of civil litigation; because of the inquisitorial nature of an inquest, a more flexible approach should be taken.”

The Times, 11th December 2007

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Paul and Others) v Assistant Deputy Coroner of Inner West London – Times Law Reports

Posted December 11th, 2007 in hearsay evidence, inquests, law reports by sally

Regina (Paul and Others) v Assistant Deputy Coroner of Inner West London

Court of Appeal

“A coroner could not read to the jury hearsay evidence in documentary form which he considered likely to be disputed where the maker of the statement was unable to attend.”

The Times, 11th December 2007

Source: www.timesonline.co.uk 

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

2008 Bar Chairman Sets Out Vision For Barristers To Compete In Reformed Legal Services Market – The Bar Council

Posted December 11th, 2007 in barristers, legal services, news by sally

“Timothy Dutton QC, who takes over as Bar Council Chairman from 1 January, tonight (10 December) set out his agenda for the Bar in his inaugural speech to the 2007 Bar Council, by calling for barristers to compete in the reformed legal services market.”

Full story

The Bar Council, 10th December 2007

Source: www.barcouncil.org.uk

Court of Appeal (Criminal Division) reaches first century in healthy state – Judiciary of England and Wales

Posted December 11th, 2007 in appeals, courts, reports by sally

“The latest annual review of the Court of Appeal (Criminal Divison) coincides with the centenary of the court. Perhaps to fittingly illustrate the continuing value and relevance of the court, there has been a rise in both appeals against conviction and sentence in the past year.”

Full story

Judiciary of England and Wales, 10th December 2007

Source: www.judiciary.gov.uk

Related link: Court of Appeal (Criminal Division): review of the legal year 2006/2007 (PDF)

Ministry of Justice simplification plan – Ministry of Justice

Posted December 11th, 2007 in Ministry of Justice, news by sally

“The Ministry of Justice’s simplification plan sets out how we will reduce administrative burdens imposed on businesses, charities and the voluntary sector by our regulations. It shows our progress in delivering our promised 25% reduction in our administrative burdens by 2010. The plan also explains how we will reduce burdens imposed on the public sector frontline.”

Full story

Ministry of Justice, 11th December 2007

Source: www.justice.gov.uk

Legal fears left Atlantic Conveyor defenceless – The Times

Posted December 11th, 2007 in news, shipping law, weapons by sally

“A helicopter-carrying merchant ship that sank with the loss of 12 men after being hit by two Exocet missiles in the 1982 Falklands conflict was unarmed and unprotected because Ministry of Defence lawyers feared that it was illegal to fit a commercial vessel with weapon systems, according to newly released classified documents.”

Full story

The Times, 11th December 2007

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted December 11th, 2007 in legislation by sally

The Milk and Milk Products (Pupils in Educational Establishments) (England) (Amendment) Regulations 2007

The Scientific Research Organisations Regulations 2007

The Finance (No. 2) Act 2005, Section 13 (Corporation Tax Exemption for Scientific Research Organisations) (Appointed Day) Order 2007The North Tees Primary Care Trust (Change of Name) Order 2007

The Primary Care Trusts (Establishment and Dissolution) (England) Amendment (No.3) Order 2007

The Registration of Births, Deaths and Marriages (Amendment) No.2 Regulations 2007The Supply of Information (Register of Deaths) (Northern Ireland) Regulations 2007

The Wireless Telegraphy (Register) (Amendment) (No. 2) Regulations 2007

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2007

The Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2007The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007

The Traffic Management Permit Scheme (England) Regulations 2007

The Education (Student Support) (European Institutions) (Amendment) Regulations 2007

The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2007The Housing Act 2004 (Commencement No 5) (Wales) Order 2007

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (Wales) Regulations 2007

Source: www.opsi.gov.uk

Life ‘destroyed’ by control order – BBC News

Posted December 11th, 2007 in control orders, news by sally

“A nurse under a control order absconded because its restrictions ‘destroyed’ his life, the Old Bailey has heard.”

Full story

BBC News, 10th December 2007

Source: www.bbc.co.uk

Foreign Office accused of swap deal over terror suspects – The Guardian

Posted December 11th, 2007 in news, Pakistan, terrorism by sally

“Two men wanted in Pakistan for alleged terrorist activity have been charged in London under the Terrorism Act as part of what human rights campaigners claim is a secret deal between the two countries.”

Full story

The Guardian, 11th December 2007

Source: www.guardian.co.uk

‘No one is above the law’ – Conrad Black gets six years – The Guardian

Posted December 11th, 2007 in fraud, news, sentencing by sally

“Conrad Black was sentenced yesterday to six and a half years in an American prison for abusing shareholders’ trust through a sophisticated plot to embezzle $6.1m from his Hollinger media empire.”

Full story

The Guardian, 11th December 2007

Source: www.guardian.co.uk

Arms treaty ‘must not be blunted’ – BBC News

Posted December 11th, 2007 in armed forces, news, treaties, weapons by sally

“A treaty to ease the supply of military equipment from the US to UK forces must not be ‘blunted’ by over-restrictive regulations, MPs have said.”

Full story

BBC News, 11th December 2007

Source: www.bbc.co.uk

One arm tied behind its back? – The Times

Posted December 11th, 2007 in banking, extradition, fraud, special report by sally

“After the NatWest Three decision, what are the ramifications for other British business people?”

Full story

The Times, 11th December 2007

Source: www.timesonline.co.uk

‘Sadistic’ video game beats ban – The Guardian

Posted December 11th, 2007 in freedom of expression, media, news by sally

“A video game banned for its ‘casual sadism’ will be released in Britain after its makers yesterday won an appeal against censors. Manhunt 2, the first game in a decade to be banned, was prohibited by the British Board of Film Classification in June for its ‘unrelenting focus on brutal slaying’.”

Full story

The Guardian, 11th December 2007

Source: www.guardian.co.uk

Cleared mother loses cash battle – BBC News

Posted December 11th, 2007 in compensation, homicide, miscarriage of justice, news by sally

“A judge has dashed the hopes of a mother who wanted compensation for her years in prison after she was cleared of killing her four-month-old son.”

Full story

BBC News, 10th December 2007

Source: www.bbc.co.uk

Nuclear power plan faces fresh legal threat – Financial Times

Posted December 11th, 2007 in news, nuclear power by sally

“Gordon Brown faces a dilemma on energy policy after a legal warning from Greenpeace, the environmental group, that a decision to approve a new generation of nuclear power stations would ‘not be lawful’.”

Full story

Financial Times, 10th December 2007

Source: www.ft.com

Computer says no to a ‘miracle’ – BBC News

Posted December 11th, 2007 in benefits, disabled persons, news by sally

“A woman who claims she was healed by prayer had to battle the benefits system to stop her disability payments.”

Full story

BBC News, 11th December 2007

Source: www.bbc.co.uk

Santa ignores children’s refund rights, warn experts – OUT-LAW.com

Posted December 11th, 2007 in children, data protection, news by sally

“Santa Claus’s failure to alert children to their rights to full refunds within seven working days under the Distance Selling Regulations is in breach of those rules, an expert has warned.”

Full story

OUT-LAW.com, 11th December 2007

Source: www.out-law.com

Miller wins biggest payout for invasion of privacy – The Independent

Posted December 10th, 2007 in news, privacy by sally

“The Sun and The News of the World were forced to pay the actress Sienna Miller damages yesterday for publishing nude photographs taken against her will during the filming of a movie.”

Full story

The Independent, 8th December 2007

Source: www.independent.co.uk