BAILII: Recent decisions

Posted May 15th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446 (15 May 2007)

Smith v Smith [2007] EWCA Civ 454 (15 May 2007)

Intel Corporation Intel Corporation Inc v CPM United Kingdom Ltd [2007] EWCA Civ 431 (15 May 2007)

Barclays Bank Plc & Anor v HM Revenue & Customs [2007] EWCA Civ 442 (11 May 2007)

Eastaway v Secretary of State for Trade & Industry [2007] EWCA Civ 425 (10 May 2007)

Sandhu v Jan De Rijk Transport Ltd [2007] EWCA Civ 430 (10 May 2007)

Court of Appeal (Criminal Division)

Jones, R v [2007] EWCA Crim 1118 (15 May 2007)

High Court (Chancery Division)

Swissport (UK) Ltd v Aer Lingus Ltd [2007] EWHC 1089 (Ch) (14 May 2007)

Mabey and Johnson Ltd v Danos & Ors [2007] EWHC 1094 (Ch) (11 May 2007)

High Court (Commercial Court)

Uzinterimpex JSC v Standard Bank Plc [2007] EWHC 1151 (Comm) (15 May 2007)

AXA Insurance UK Plc v Norwich Union Insurance Ltd. [2007] EWHC 1046 (Comm) (14 May 2007)

National Westminster Bank Plc v Rabobank Nederland [2007] EWHC 1056 (Comm) (11 May 2007)

High Court (Queen’s Bench Division)

Bezant v Rausing & Ors [2007] EWHC 1118 (QB) (14 May 2007)

Malmesbury & Ors v Strutt & Parker (a partnership) & Anor [2007] EWHC 999 (QB) (11 May 2007)

Source: www.bailii.org

Bank’s overdraft charges upheld – BBC News

Posted May 15th, 2007 in banking, news by sally

“Lloyds TSB has become the first bank to win a court case after being sued by a customer for imposing supposedly unfair overdraft penalty charges.” 

Full story

BBC News, 15th May 2007

Source: www.bbc.co.uk

Legal challenge to Home Information Packs – The Times

Posted May 15th, 2007 in home information packs, news by sally

“The Government is facing a legal challenge over plans to introduce controversial Home Information Packs (HIPs), it was confirmed today.”

Full story

The Times, 15th May 2007

Source: www.timesonline.co.uk

Fayed wants Queen quizzed over Diana’s death – The Guardian

Posted May 15th, 2007 in inquests, news by sally

“Lawyers for Mohamed Al Fayed today tried to embroil the Queen in the Diana, Princess of Wales, inquest.”

Full story

The Guardian, 15th May 2007

Source: www.guardian.co.uk

Bosses central to new immigration plans – The Guardian

Posted May 15th, 2007 in employment, immigration, news by sally

“Employers could be obliged to make new staff produce a passport or birth certificate before they start work or face financial penalties, under new proposals to crack down on illegal immigration announced today.”

Full story

The Guardian, 15th May 2007

Source: www.guardian.co.uk

Death of Freshfields’ Courtney was an accident, finds coroner – Legal Week

Posted May 15th, 2007 in inquests, news by sally

“The death of junior Freshfields Bruckhaus Deringer intellectual property (IP) lawyer Matthew Courtney was an accident, according to the findings of an inquest held today (15 May).”

Full story

Legal Week, 15th May 2007

Source: www.legalweek.com

Rogue employers to face illegal working crackdown – Government News Network

Posted May 15th, 2007 in employment, immigration, news by sally

“The Home Office drive against illegal working moved forward today as talks began with industry on the implementation of tough new legislation designed to crackdown on bogus employees.”

Full story

Home Office press release, 15th May 2007

Source: www.gnn.gov.uk

Revenue and Customs Comrs v. Barclays plc and another – WLR Daily

Posted May 15th, 2007 in income tax, law reports by sally

Revenue and Customs Comrs v. Barclays Bank plc and another [2007] EWCA Civ 442

“Where an employer had provided a free tax advice service to its pensioners and surviving spouses and, on termination of the service, made one-off payments in compensation, the provision of such payments constituted a relevant benefit under a retirement benefits scheme for the purposes of ss 596A and 612(1) of the 1988 Act.”

WLR Daily, 11th May 2007

Source: www.lawreports.co.uk

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

Knowsley Housing Trust v. White – Times Law Reports

Posted May 15th, 2007 in landlord & tenant, law reports by sally

Assured tenant became a tolerated trespasser

Knowsley Housing Trust v. White

Court of Appeal

“Where, in the case of an assured tenancy governed by the Housing Act 1988, the court granted an order for possession using County Court Form N28 but suspended execution on terms, the tenancy expired on the last date stated for possession, and the occupant remained thereafter as a tolerated trespasser.”

The Times, 15th May 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.

Regina (UMBS Online Ltd) v Serious Organised Crime Agency and Another – Times Law Reports

Posted May 15th, 2007 in banking, law reports, money laundering by sally

Customer entitled to seek review

Regina (UMBS Online Ltd.) v. Serious Organised Crime Agency and Another

Court of Appeal

“The Serious Organised Crime Agency, a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering, should not withhold giving consent to a bank to allow it to operate a customer’s account under section 335 of the Proceeds of Crime Act 2002 without good reason.”

The Times, 15th May 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.

Regina (Brown, formerly Bajinya, and Others) v. Belmarsh Prison Governor and Others – Times Law Reports

Posted May 15th, 2007 in extradition, law reports by sally

Power to extend extradition time

Regina (Brown, formerly Bajinya, and Others) v. Belmarsh Prison Governor and Others

Queen’s Bench Divisional Court

“Section 194(4)(b) of the Extradition Act 2003, which enabled the Secretary of State for the Home Department to modify the application of that Act where special extradition arrangements existed, permitted him to extend the 45 days specified in section 74(11) for the receipt by a judge of the request for extradition to 95 days.”

The Times, 15th May 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.

Documents about Diana’s death ‘being withheld’ – Daily Telegraph

Posted May 15th, 2007 in disclosure, inquests, news by sally

“Lawyers for Mohamed Fayed, the owner of Harrods, will today claim they are being denied access to crucial documents relating to the inquests into the deaths of Diana, Princess of Wales and Dodi Fayed.”

Full story

Daily Telegraph, 15th May 2007

Source: www.telegraph.co.uk

Litigation slump sees judiciary rewriting the record books – The Lawyer

Posted May 15th, 2007 in Commercial Court, news by sally

“There is a general consensus within the legal profession that there has been a downturn in commercial litigation, the judiciary claimed otherwise last week, but now it is not so sure.”

Full story

The Lawyer, 15th May 2007

Source: www.thelawyer.com

Miners’ firms strike back at DTI over £2.4bn costs – The Lawyer

Posted May 15th, 2007 in costs, industrial injuries, miners, news, solicitors by sally

“The under-fire law firms representing sick miners in the British Coal compensation fiasco have accused the Government of hypocrisy after its costs topped £2bn.”

Full story

The Lawyer, 15th May 2007

Source: www.thelawyer.com

Women can have it all – we’re the proof – The Times

Posted May 15th, 2007 in barristers, women by sally

“The QCs Eleanor Platt and Alison Ball, joint heads of 1 Garden Court, have been unusual right from the start of their careers at the Bar.” 

Full story

The Times, 15th May 2007

Source: www.timesonline.co.uk

 

JPs ‘ignore advice of experts’ – The Times

Posted May 15th, 2007 in magistrates, news, young offenders by sally

“Magistrates’ decisions are made on the basis of stereotypes, and ignore advice from experts, research says.”

Full story

The Times, 15th May 2007

Source: www.timesonline.co.uk

Officers’ homophobia hampered murder investigations, says review – The Guardian

Posted May 15th, 2007 in homosexuality, news, police by sally

“Scotland Yard’s reaction to killings and attacks on gay, lesbian and transsexual people has historically been blighted by “institutional” homophobia, according to a report. A review of how detectives handled 10 murders of gay men or transsexuals says that in some cases inquiries were hampered by lack of knowledge, reliance on unfounded stereotypes and personal prejudices. Of the cases examined in a process sanctioned by the Met, four remain unsolved.”

Full story

The Guardian, 15th May 2007

Source: www.guardian.co.uk

Targets ‘force police to make ludicrous arrests’ – The Independent

Posted May 15th, 2007 in news, police by sally

“Frontline police called on the Government today to reverse the target-driven culture that has forced them to make ‘ludicrous’ decisions such as arresting a child for throwing cream buns.”

Full story

The Independent, 15th May 2007

Source: www.independent.co.uk

Judges to condemn new Ministry of Justice – Daily Telegraph

Posted May 15th, 2007 in judges, Ministry of Justice, news by sally

“Senior judges will today consider whether to issue an unprecedented condemnation of the new Ministry of Justice, launched last week without the constitutional safeguards they regard as essential.”

Full story

Daily Telegraph, 15th May 2007

Source: www.telegraph.co.uk

Deportation ruling deals blow to anti-terror policy – The Guardian

Posted May 15th, 2007 in news, terrorism by sally

“The government’s anti-terror policy was dealt another blow today after judges ruled against deporting a man cleared of plotting to launch a poison attack on London.”

Full story

The Guardian, 14th May 2007

Source: www.guardian.co.uk