BAILII: Recent Decisions

Posted August 8th, 2007 in law reports by sally

High Court (Chancery Division)

Parti v Aysha Hamad Nassir Sabah Al-Nassir Al Sabah & Ors [2007] EWHC 1869 (Ch) (31 July 2007)

Tomy UK Ltd v HM Revenue & Customs [2007] EWHC 1889 (Ch) (31 July 2007)

Vellacott v The Convergence Group Plc & Ors [2007] EWHC 1774 (Ch) (31 July 2007)

Albon (t/a NA Carriage Co) v Naza Motor Trading Sdn Bhd & Anor (No 4) [2007] EWHC 1879 (Ch) (31 July 2007)

Walker v Inter-Alliance Group Plc & Anor [2007] EWHC 1858 (Ch) (31 July 2007)

Raja v Van Hoogstraten & Ors [2007] EWHC 1743 (Ch) (26 July 2007)

Sinclair Gardens Investments (Kensington) Ltd v Poets Chase Freehold Company Ltd [2007] EWHC 1776 (Ch) (26 July 2007)

High Court (Commercial Court)

Golden Fleece Maritime Inc & Anor v ST Shipping & Transport Inc [2007] EWHC 1890 (Comm) (02 August 2007)

Starlight Shipping Co & Anor v Tai Ping Insurance Co Ltd (Hubei Branch) & Anor Rev 1 [2007] EWHC 1893 (Comm) (01 August 2007)

Loon Energy Inc & Anor v Integra Mining & Ors [2007] EWHC 1876 (Comm) (31 July 2007)

Stone & Rolls Ltd v Moore Stephens (a firm) [2007] EWHC 1826 (Comm) (27 July 2007)

OAO Northern Shipping Company v Remolcadores De Marin SL (Remmar) [2007] EWHC 1821 (Comm) (26 July 2007)

High Court (Family Division)

LM, Re [2007] EWHC 1902 (Fam) (01 August 2007)

Greater Manchester Chief Constable v KI & Anor (Children) & Ors [2007] EWHC 1837 (Fam) (26 July 2007)

MM v VM [2007] EWHC 1820 (Fam) (26 July 2007)

High Court (Queen’s Bench Division)

Wells v The Parole Board & Anor [2007] EWHC 1835 (QB) (31 July 2007)

Spencer v Secretary of State for Work and Pensions [2007] EWHC 1775 (QB) (27 July 2007)

Long Beach Ltd & Anor v Global Witness Ltd [2007] EWHC 1816 (QB) (26 July 2007)

Hazlewood Grocery Ltd v Lion Foods Ltd [2007] EWHC B5 (QB) (26 July 2007)

Source: www.bailii.org

Confidence in the criminal justice system: what lies beneath? – Ministry of Justice

Posted August 8th, 2007 in criminal justice, reports by sally

“This report presents the findings from an omnibus survey and focus groups designed to identify the factors that people consider when answering the question: ‘How confident are you that the criminal justice system is effective in bringing people who commit crimes to justice?’ This question is contained in the British Crime Survey, the responses to which are used to monitor performance against one of the Government’s public service agreement targets.  The study also identified which agencies people thought made up the criminal justice system (CJS), and whether they considered the CJS as a national system, local system, or a combination of the two.”

Confidence in the criminal justice system: what lies beneath? (PDF) 

Ministry of Justice, 7th August 2007

Source: www.justice.gov.uk

Geeling murder inquiry to report – BBC News

Posted August 8th, 2007 in murder, news, school children by sally

“A report into the murder of an 11-year-old boy by a fellow school pupil is due to be published.”

Full story

BBC News, 8th August 2007

Source: www.bbc.co.uk

‘Kebab’ murder trial jury fails to reach verdict – The Guardian

Posted August 8th, 2007 in juries, murder, news by sally

“A restaurant owner accused of killing a schoolgirl and joking that her remains had been put into kebabs will face a retrial after a jury failed to reach a verdict.”

Full story

The Guardian, 8th August 2007

Source: www.guardian.co.uk

Serial streaker avoids Asbo for golf stunt – The Guardian

Posted August 8th, 2007 in ASBOs, indecent exposure, injunctions, news by sally

“A serial streaker who ran in front of Tiger Woods with a toy squirrel covering his genitals and a golf ball clenched between his buttocks escaped an anti-social behaviour order today.”

Full story

The Guaradian, 7th August 2007

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 7th, 2007 in law reports by sally

Court of Appeal (Criminal Division) 

Serious Fraud Office v A [2007] EWCA Crim 1927 (02 August 2007)

Cottrell, R v [2007] EWCA Crim 2016 (31 July 2007)

Abdi, R v [2007] EWCA Crim 1913 (31 July 2007)

Devani, R v [2007] EWCA Crim 1926 (30 July 2007)

Times Newspapers Ltd. & Ors v R. [2007] EWCA Crim 1925 (30 July 2007)

Saleem, R. v [2007] EWCA Crim 1923 (27 July 2007)

Rafferty v R [2007] EWCA Crim 1898 (26 July 2007)

El-Kurd & Ors, R v [2007] EWCA Crim 1888 (26 July 2007)

High Court (Administrative Court)

Kelly, R (on the application of) v Warley Magistrates Court & Anor [2007] EWHC 1836 (Admin) (31 July 2007)

Corby Borough Council, R (on the application of) v Secretary of State for Communities and Local Government [2007] EWHC 1873 (Admin) (31 July 2007)

Edwards v Government of USA [2007] EWHC 1877 (Admin) (31 July 2007)

Pajaziti & Anor, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 1874 (Admin) (31 July 2007)

Donnachie, R (on the application of) v Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin) (27 July 2007)

Croatia v Spanovic [2007] EWHC 1770 (Admin) (27 July 2007)

Martin v Legal Services Commission [2007] EWHC 1786 (Admin) (27 July 2007)

C and S v Special Education Needs and Disability Tribunal & Anor [2007] EWHC 1812 (Admin) (26 July 2007)

Source: www.bailii.org

Whitehaven Harbour Act 2007

Posted August 7th, 2007 in harbours, legislation by sally

Whitehaven Harbour Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

National Trust (Northern Ireland) Act 2007

Posted August 7th, 2007 in environmental protection, historic buildings, legislation by sally

National Trust (Northern Ireland) Act 2007  published

Full text of Act

Source: www.opsi.gov.uk

Offender Management Act 2007

Posted August 7th, 2007 in legislation, prisons, probation by sally

Offender Management Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

UK requests Guantanamo releases – BBC News

Posted August 7th, 2007 in detention, news, terrorism by sally

“The UK government has requested the release of five British residents from US custody at Guantanamo Bay.”

Full story

BBC News, 7th August 2007

Source: www.bbc.co.uk  

BAILII: Recent Decisions

Posted August 7th, 2007 in law reports by sally

Court of Appeal (Civil Division)

McAdie v Royal Bank of Scotland [2007] EWCA Civ 806 (31 July 2007)

IFE Fund SA v Goldman Sachs International [2007] EWCA Civ 811 (31 July 2007)

Massey v Unifi [2007] EWCA Civ 800 (31 July 2007)

Deadman v Bristol City Council [2007] EWCA Civ 822 (31 July 2007)

EB (Ethiopia) v Secretary of State for the Home Department [2007] EWCA Civ 809 (31 July 2007)

AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801 (31 July 2007)

Somerset County Council v DFM (The Father) & Anor [2007] EWCA Civ 810 (31 July 2007)

Wittmann (UK) Ltd v Willdav Engineering SA [2007] EWCA Civ 824 (31 July 2007)

Fudge, R (on the application of) v South West Strategic Health Authority & Ors [2007] EWCA Civ 803 (31 July 2007)

Wolman v London Borough of Islington & Anor [2007] EWCA Civ 823 (31 July 2007)

JN (Uganda) v Secretary of State for the Home Department [2007] EWCA Civ 802 (31 July 2007)

Horner, R (on the application of) v Lancashire County Council & Anor [2007] EWCA Civ 784 (30 July 2007)

R & V Versicherung AG v Risk Insurance & Reinsurance Solutions SA & Ors [2007] EWCA Civ 807 (30 July 2007)

MT (Algeria) & Ors v Secretary of State for the Home Department Rev 1 [2007] EWCA Civ 808 (30 July 2007)

A, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 804 (30 July 2007)

Ashworth v Newnote Ltd [2007] EWCA Civ 793 (27 July 2007)

Chaudhary v Secretary of State for Health [2007] EWCA Civ 789 (27 July 2007)

Swords v Secretary of State for Communities and Local Government & Ors [2007] EWCA Civ 795 (27 July 2007)

Mediterranean Shipping Company SA v Trafigura Beheer BV & Anor [2007] EWCA Civ 794 (27 July 2007)

Welsh v Stokes & Anor Rev 1 [2007] EWCA Civ 796 (27 July 2007)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted August 7th, 2007 in legislation by sally

The A629 Trunk Road (Ings Lane to Cononley Lane) (Detrunking) Order 1996 (Revocation) Order 2007

The Education (National Curriculum) (Science at Key Stage 4) (England) Order 2007

The Companies (Interest Rate for Unauthorised Political Donation or Expenditure) Regulations 2007

The Gambling Act 2005 (Premises Licences) (Review) Regulations 2007

The Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007

The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendment) Rules 2007

The Family Proceedings (Amendment) (No.3) Rules 2007

The A629 Trunk Road (Skipton to Kildwick Improvement and Slip Roads) Order 1996 (Revocation) Order 2007

Source: www.opsi.gov.uk

Persaud v. State of Trinidad and Tobago – Times Law Reports

Posted August 7th, 2007 in evidence, joint liability, law reports by sally

Limiting out-of-court statements

Persaud v. State of Trinidad and Tobago

“The exception to the rule that out-of-court statements made by one defendant were inadmissible against a codefendant applied only where the defendants were being tried for an offence for which they were jointly liable.”

The Times, 7th August 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.

Lip service? – The Lawyer

Posted August 7th, 2007 in private finance initiative, special report by sally

“Since the Treasury proposed the introduction of equity funding competitions into PFIs it has remained strangely tight-lipped on the issue. By John Smith and Al Goodwin.”

Full story

The Lawyer, 6th August 2007

Source: www.thelawyer.com  

Law ‘has failed to stop innocuous items being sold to make WMDs’ – The Times

Posted August 7th, 2007 in export controls, news, weapons by sally

“Foreign agents attempting to buy ‘innocent’ components for weapons of mass destruction from British companies are still able to exploit Britain’s export laws despite the introduction of licensing restrictions, a group of senior MPs said yesterday.”

Full story

The Times, 7th August 2007

Source: www.timesonline.co.uk

New mental health laws questioned – BBC News

Posted August 7th, 2007 in mental health, news by sally

“New mental health laws do not go far enough, an alliance of 75 organisations working with mentally ill people says.”

Full story

BBC News, 6th August 2007

Source: www.bbc.co.uk

‘Surveillance society’ warning on data sharing – Financial Times

Posted August 7th, 2007 in data protection, news by sally

“Confidential personal data – gleaned from sources as diverse as driving licences, medical records and store loyalty cards – is now often shared without people’s knowledge, the information commission will warn on Tuesday, in its latest salvo against what it calls the ‘surveillance society’.”

Full story

Financial Times, 6th August 2007

Source: www.ft.com

Misuse of an act designed to stop stalkers – The Independent

Posted August 7th, 2007 in harassment, injunctions, special report by sally

“Heathrow Airport Ltd applied for a wide-ranging injunction which, had they succeeded, could have banned five million people from the Piccadilly Line, large sections of the M4 and land surrounding Heathrow as well as the airport itself. It would have done so by making them subject to the provisions of the Protection from Harassment Act 1997.”

Full story

The Independent, 7th August 2007

Source: www.independent.co.uk

Brian Haw: ‘It is strange that they are spending so much money prosecuting me’ – The Independent

Posted August 7th, 2007 in demonstrations, freedom of expression, human rights, news by sally

“As the Camp for Climate Action began planning in earnest for next week’s protest at Heathrow, one veteran protester against the Iraq war was also enjoying a moment of vindication.”

Full story

The Independent, 7th August 2007

Source: www.independent.co.uk

Ryanair drops ‘1p flight’ before it is outlawed by EC – The Times

Posted August 7th, 2007 in airlines, news by sally

“The era of the 1p flight is drawing to a close; travellers will no longer be able to boast about paying next to nothing to jet across Europe.”

Full story

The Times, 7th August 2007

Source: www.timesonline.co.uk