BAILII: Recent decisions

Posted April 26th, 2007 in law reports by sally

Court of Appeal (Civil Division) 

Andealon International Proprietary Ltd. v. London Borough of Merton [2007] EWCA Civ 362 (25 April 2007)

Straker v. Tudor Rose (a firm) [2007] EWCA Civ 368 (25 April 2007)

Unilin Beheer BV v. Berry Floor NV & Ors [2007] EWCA Civ 364 (25 April 2007)

Hunt v. Soady [2007] EWCA Civ 366 (26 April 2007)

Ishtiaq v. Secretary of State for the Home Department [2007] EWCA Civ 386 (26 April 2007)

Secretary of State for the Home Department v. Latif [2007] EWCA Civ 385 (26 April 2007)

Smith v. Southampton University Hospital NHS [2007] EWCA Civ 387 (26 April 2007)

Court of Appeal (Criminal Division)

Currie, R v [2007] EWCA Crim 926 (26 April 2007)

High Court (Administrative Court)

Vicarage Gate Ltd v First Secretary of State [2007] EWHC 768 (Admin) (26 April 2007)

Hilali v Governor of HMP Whitemoor & Ors [2007] EWHC 939 (Admin) (25 April 2007)

High Court (Commercial Court)

Wasa International Insurance Company Ltd. v Lexington Insurance Co [2007] EWHC 896 (Com) (25 April 2007)

High Court (Queen’s Bench Division)

Curistan v Times Newspapers Ltd [2007] EWHC 926 (QB) (25 April 2007)

Source: www.bailii.org

Wright witnesses in legal move – BBC News

Posted April 26th, 2007 in anonymity, news, witnesses by sally

“Five witnesses at the Billy Wright murder inquiry have won a legal battle for anonymity.” 

Full story

BBC News, 26th April 2007

Source: www.bbc.co.uk

IP crimes Directive approved by European Parliament – OUT-LAW.com

Posted April 26th, 2007 in EC law, intellectual property, news by sally

“A controversial Directive which criminalises intellectual property violations in Europe was approved yesterday by the European Parliament but does not include its most controversial element, the criminalising of patent infringement.”

Full story

OUT-LAW.com, 26th April 2007

Source: www.out-law.com

October rule change won’t be a data protection crisis, says expert – OUT-LAW.com

Posted April 26th, 2007 in data protection, news by sally

“A data protection ‘crisis’ predicted by some experts has been overblown, and the law change behind it will affect only a very few organisations, according to a leading data protection expert.”

Full story

OUT-LAW.com, 26th April 2007

Source: www.out-law.com

UK/US Extradition Treaty ratified – Government News Network

Posted April 26th, 2007 in extradition, news by sally

“The United Kingdom and United States have today ratified a bilateral extradition treaty to ensure more effective arrangements to bring offenders from either state to justice.”

Full story

Home Office press release, 26th April 2007

Source: www.gnn.gov.uk

Leaders’ talks must stay secret – Blair adviser – The Guardian

Posted April 26th, 2007 in confidentiality, news, official secrets act by sally

“Sir Nigel Sheinwald, the prime minister’s top foreign policy adviser, told an Old Bailey jury yesterday that private talks between world leaders must remain secret however illegal or morally abhorrent the nature of their discussions.”

Full story

The Guardian, 26th April 2007

Source: www.guardian.co.uk

Godfrey v Torpy and others – WLR Daily

Posted April 26th, 2007 in insolvency, law reports by sally

Godfrey v. Torpy and others [2007] EWHC 919 (Ch) 

“Where an application for an order had been made under s 423 of the Insolvency Act 1986 to set aside a transaction which had been entered into at an undervalue and had defrauded creditors, and the individual or company against whom the application had been made was thereafter adjudicated bankrupt or became insolvent, the proceedings could continue without the leave of the court.”

WLR Daily, 23rd April 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR summary is removed.

Access to Justice Alliance week of action – Legal Action Group

Posted April 26th, 2007 in legal aid, news by sally

“The Access to Justice Alliance (AJA) is organising a week of action from 14 May 2007 to 18 May 2007 to raise awareness of the vital role that legal aid plays for people seeking to enforce or defend their rights. ‘Justice – access denied’ will involve demonstrations outside local county courts, tribunals and the Royal Courts of Justice.”

Access to Justice Alliance

Legal Action Group, 26th April 2007 

Source: www.lag.org.uk

Consultation on the remuneration of the Tribunals’ Judiciary – Tribunals Service

Posted April 26th, 2007 in consultations, remuneration, tribunals by sally

“The Senior Salaries Review Body (SSRB) is undertaking a Review of the Remuneration of Tribunals’ Judiciary, as part of the Review of Tribunals’ Judiciary Terms and Conditions.”

Consultation on the remuneration of the Tribunals’ Judiciary (PDF)

Tribunals Service, 24th April 2007

Source: www.tribunals.gov.uk

House of Lords Judgments: What’s new?

Posted April 26th, 2007 in law reports by sally

St Helens Borough council (Respondents) v. Derbyshire and others (Appellants) [2007] UKHL 16 (25 April 2007)

Stack (Appellant) v. Dowden (Respondent) [2007] UKHL 17 (25 April 2007)

Melville Dundas Limited (in receivership) and others (Respondents) v. George Wimpey UK Limited and others (Appellants) (Scotland) [2007] UKHL 18 (25 April 2007)

Belfast City Council (Appellants) v. Miss Behavin’ Limited (Respondents) (Northern Ireland) [2007] UKHL 19 (25 April 2007)

Riverside Housing Association Limited (Appellants) v. White (FC) and another (FC) (Respondents) [2007] UK HL 20 (25 April 2007)

Source: www.parliament.uk

Stack v Dowden – Times law Reports

Posted April 26th, 2007 in cohabitation, law reports by sally

Presumption of equality in couple’s joint ownership

Stack v Dowden

House of Lords

“A conveyance of a domestic property into the joint names of cohabitants established a prime facie case of joint and equal beneficial interests in the property until the contrary was proved.”

The Times 26th April 2007

Source: www.thetimesonline.co.uk

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

Lords back phone-taps in trial – BBC News

Posted April 26th, 2007 in evidence, interception, news by sally

“Peers have voted in favour of allowing telephone intercept evidence to be used in court in organised crime cases.” 

Full story

BBC News, 26th April 2007

Source: www.bbc.co.uk

Daily Telegraph Law Reports, 26th April 2007

Posted April 26th, 2007 in law reports by sally

McKinnon v. United States of America & Anr

K v. Special Educational Needs and Disability Tribunal & Anr

Rao v. Central Liverpool Primary Care Trust

Oxford City Council v. Secretary of State for Communities and Local Government & Anr

R (Holloway) v. Oxfordshire County Council & Others

Wembley National Stadium Ltd. v. Wembley (London) & Others

Daily Telegraph, 26th April 2007

Source: www.telegraph.co.uk

Please note that the Daily Telegraph Law Reports are only available online for one week.

Early defence of gay rights discovered on dusty parchment – The Times

Posted April 26th, 2007 in homosexuality, news by sally

“A passionate defence of gay rights written more than two centuries before homosexuality became legal has been discovered.”

Full story

The Times, 26th April 2007

Source: www.timesonline.co.uk

Solicitors swing behind Neuberger’s controversial Bar diversity drive – Legal Week

Posted April 26th, 2007 in barristers, legal education, news by sally

“A survey of senior partners has uncovered strong support from solicitors for a raft of measures designed to open up the Bar to people from less privileged backgrounds.”

Full story

Legal Week, 26th April 2007

Source: www.legalweek.com

OFT proposal to encourage civil disputes ignites fierce debate – Legal Week

Posted April 26th, 2007 in competition, fees, law firms, news by sally

“Controversial proposals to encourage private competition claims by introducing larger success fees have sparked intense debate among the UK’s legal profession.”

Full story

Legal Week, 26th April 2007

Source: www.legalweek.com

Memory aid for crime witnesses boosts recall – Daily Telegraph

Posted April 26th, 2007 in news, witnesses by sally

“A new psychological tool that helps witnesses ‘freeze’ the memory of crime scenes was revealed by scientists yesterday.”

Full story

Daily Telegraph, 26th April 2007

Source: www.telegraph.co.uk

Unmarried couples come closer to winning legal divorce rights – The Times

Posted April 26th, 2007 in cohabitation, news by sally

“Unmarried couples who separate moved a step closer to acquiring the “divorce rights” of married couples yesterday with a House of Lords ruling that they can win a half-share in their joint home.”

Full story

The Times, 26th April 2007

Source: www.timesonline.co.uk

Law student win £8,000 for unfairly dismissed mother – The Guardian

Posted April 26th, 2007 in compensation, news, unfair dismissal, women by sally

“A businesswoman told to choose between her job and having a baby won more than £8,000 compensation yesterday after taking legal action with the help of a group of law students.”

Full story

The Guardian, 26th April 2007

Source: www.guardian.co.uk

‘Lenient’ child-fight sentence is reviewed – The Times

Posted April 26th, 2007 in child abuse, news, sentencing by sally

“The Attorney General is to review the suspended prison sentences given to four women who goaded two toddlers into fighting and then filmed them.”

Full story

The Times, 25th April 2007

Source: www.timesonline.co.uk