Day: 23 May 2007

BAILII: Recent decisions

Posted May 23rd, 2007 in law reports by sally

Court of Appeal (Civil Division)

Yewbelle Ltd v London Green Developments Ltd.& Anor> [2007] EWCA Civ 475 (23 May 2007)

Secretary of State for the Foreign & Commonwealth Affairs v Bancoult R. (on the application of) [2007] EWCA Civ 498 (23 May 2007)

Carnegie v Drury [2007] EWCA Civ 497 (23 May 2007)

Secretary of State for the Home Department v Baiai & Ors [2007] EWCA Civ 478 (23 May 2007)

Brunel University & Anor v Webster & Anor [2007] EWCA Civ 482 (22 May 2007)

ERG Raffinerie Mediterranee SPA v Chevron USA Inc (t/a Chevron Texaco Global Trading) [2007] EWCA Civ 494 (22 May 2007)

C Plc v P & Anor [2007] EWCA Civ 493 (22 May 2007)

AJM v County Council [2007] EWCA Civ 496 (22 May 2007)

Kilby, R (on the application of) v Basildon District Council [2007] EWCA Civ 479 (22 May 2007)

Trans-World Investments Ltd v Dadarwalla [2007] EWCA Civ 480 (22 May 2007)

Commissioner of Police for the Metropolis v Kay [2007] EWCA Civ 477 (21 May 2007)

Court of Appeal (Criminal Division)

Musone v R. [2007] EWCA Crim 1237 (23 May 2007)

High Court (Chancery Division)

Morris & Anor v Revenue & Customs [2007] EWHC 1181 (Ch) (23 May 2007)

High Court (Commercial Division)

Great Hill Equity Partners II LP v Novator One LP & Ors [2007] EWHC 1210 (Comm) (22 May 2007)

Fiona Trust Holding Corp & Ors v Privalov & Ors [2007] EWHC 1217 (Comm) (21 May 2007)

European Court of Human Rights

HAGGAN AND MCCAVERY v. THE UNITED KINGDOM – 63176/00 [2007] ECHR 400 (22 May 2007)

MCELROY AND OTHERS v. THE UNITED KINGDOM – 57646/00 [2007] ECHR 401 (22 May 2007)

O’CONNELL AND OTHERS v. THE UNITED KINGDOM – 58370/00 [2007] ECHR 402 (22 May 2007)

Source: www.bailii.org  

Raytheon Company v. Comptroller General of Patents, Designs and Trade Marks – WLR Daily

Posted May 23rd, 2007 in law reports, patents by sally

Raytheon Company v. Comptroller General of Patents, Designs and Trade Marks [2007] EWHC 1230 (Pat) 

“The court had a discretion to allow the Comptroller General of Patents, Designs and Trade Marks to raise objections on appeal that had not been maintained before a hearing officer determining whether to grant a patent.”

WLR Daily, 22nd May 2007

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.

Belfast City Council v. Miss Behavin’ Ltd. – WLR Daily

Posted May 23rd, 2007 in law reports, licensing by sally

Belfast City Council v. Miss Behavin’ Ltd. [2007] UKHL 19 

“A licensing authority, in refusing an application for a sex establishment licence, had been entitled to take objections and representations made after the expiry of the prescribed 28-day period into account. Where it had acted fairly and properly exercised its powers its decision was not vitiated by failure to refer specifically to the applicant’s Convention rights.”

WLR Daily, 25th 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 Daily summary is removed.

C plc and another v. P (Attorney General intervening) – WLR Daily

Posted May 23rd, 2007 in disclosure, law reports, self-incrimination by sally

C plc and another v. P (Attorney General intervening) [2007] EWCA Civ 493 

“The common law privilege against self-incrimination could not be invoked in relation to illegal material found on a computer in the execution of a civil search order.”

WLR Daily, 22nd May 2007

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.

Judge wins backing for UK’s first drug court – The Times

Posted May 23rd, 2007 in children, drug abuse, news by sally

“Family judge Nicholas Crichton has won financial backing for his initiative to set up the UK’s first US-style drug dependency court to help the growing number of babies and children who are being taken into care because of their parents’ misuse of drugs or alcohol.”

Full story

The Times, 23rd May 2007

Source: www.timesonline.co.uk

Divorce online for £65 – The Times

Posted May 23rd, 2007 in divorce, news by sally

“An online divorce company this week became the first to advertise its services on UK television, offering to arrange settlements for as little as £65.”

Full story

The Times, 23rd May 2007

Source: www.timesonline.co.uk

Regina v. Barot – Times Law Reports

Posted May 23rd, 2007 in law reports, sentencing, terrorism by sally

Terrorist conspiracy sentence guidelines require review

Regina v. Barot 

Court of Appeal (Criminal Division)

“The level of sentences for terrorist conspiracies and attempts to commit mass murder should be increased.”

The Times, 23rd 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.

Junior doctors lose court fight – BBC News

Posted May 23rd, 2007 in doctors, news by sally

“Junior doctors have lost their High Court battle to scrap the new application system for training posts.” 

Full story

BBC News, 23rd May 2007

Source: www.bbc.co.uk

Judicial revolt looms after Phillips’ MoJ blast – Legal Week

Posted May 23rd, 2007 in judges, Ministry of Justice, news by sally

“The Government is locked on a collision course with senior members of the judiciary after the Lord Chief Justice told Parliament yesterday (23 May) the two camps remained ‘poles apart’ over the role of the controversial Ministry of Justice (MoJ).”

Full story

Legal Week, 23rd MAy 2007

Source: www.legalweek.com

Kennedy: employed barristers should have bigger Bar Council role – Legal Week

Posted May 23rd, 2007 in barristers, news by sally

“Employed and junior barristers are set to be given a greater role on the Bar Council following a report by a working group into the composition of the representative body.”

Full story

Legal Week, 23rd May 2007

Source: www.legalweek.com

Chagos islanders win legal battle to return home – The Independent

Posted May 23rd, 2007 in Chagos Islands, news, royal prerogative by sally

“Families expelled from the Chagos Islands by the British Government to make way for the Diego Garcia US airbase today won their legal battle to return home.”

Full story

The Independent, 23rd May 2007

Source: www.independent.co.uk

Rules on sham marriage ‘unlawful’ – BBC News

Posted May 23rd, 2007 in immigration, marriage, news by sally

“Controversial immigration rules aimed at stopping sham marriages are unlawful, says the Court of Appeal.” 

Full story

BBC News, 23rd May 2007

Source: www.bbc.co.uk

PCC issues privacy guidelines on undercover reporting – OUT-LAW.com

Posted May 23rd, 2007 in media, news, privacy by sally

“Newspaper regulator the Press Complaints Commission (PCC) has issued new guidelines on privacy and data protection for newspapers conducting investigations which involve subterfuge.”

Full story

OUT-LAW.com, 23rd May 2007

Source: www.out-law.com

A herd of libel actions is fast approaching – The Times

Posted May 23rd, 2007 in defamation, news by sally

“Despite the myths, bloggers are just as vulnerable as conventional publishers to legal action – if not more so.” 

Full story

The Times, 23rd May 2007

Source: www.timesonline.co.uk

 

Websites like Mumsnet are not above the law – The Times

Posted May 23rd, 2007 in news by sally

“The recent settlement of the libel action brought by the baby- and child-care author Gina Ford against Mumsnet, the parenting website, leaves some tricky questions unanswered – not least whether a website is a ‘publisher’ for the purposes of the law of libel.”

Full story

The Times, 23rd May 2007

Source: www.timesonline.co.uk

Home sale packs may be doomed after Kelly U-turn – The Times

Posted May 23rd, 2007 in news by sally

“Home information packs (Hips) appeared to be doomed last night after ministers were forced into a humiliating climb-down by delaying the packs for two months.”

Full story

The Times, 23rd May 2007

Source: www.timesonline.co.uk  

Twisting arms: court referred and court linked mediation under judicial pressure – Ministry of Justice

Posted May 23rd, 2007 in dispute resolution, reports by traceydennis

“This report evaluates a) a quasi-compulsory mediation programme and b) a voluntary mediation scheme.  The results describe the uptake of mediation, user experiences, and the potential of mediation to offer savings to the justice system.”

Full report

Ministry of Justice, 21st May 2007

Source: www.justice.gov.uk

Towards a More Representative and Inclusive Bar Council – Report of the Kennedy Working Group – Bar Council

Posted May 23rd, 2007 in barristers, press releases by traceydennis

“Reforms to make the Bar Council more representative and inclusive of the 14,800 barristers it serves were published today by an independent working group chaired by Sir Paul Kennedy.”

Full story

Bar Council, 23rd May 2007

Source: www.barcouncil.org.uk

Evidence of the Lord Chief Justice before the Constitutional Affairs Select Committee – Judiciary of England and Wales

Posted May 23rd, 2007 in judiciary by traceydennis

“The judiciary is an independent arm of the state and is fundamental to the rule of law. It is not a privilege for the judiciary but is an essential requirement for every citizen to ensure the fair and impartial resolution of disputes. The administrative system that supports the judiciary underpins that independence. Judicial independence cannot exist on its own – judges must have the loyal staff, buildings and equipment to support the exercise of the independent judicial function”

Evidence of the Lord Chief Justice

Constitutional Affairs Select Committee, 22nd May 2007

Source: www.judiciary.gov.uk

 

Judge criticises “namby pamby” Asbos – Daily Telegraph

Posted May 23rd, 2007 in ASBOs, news by traceydennis

“A judge has attacked the “namby pamby state” which imposes unenforceable Anti-Social Behaviour Orders (Asbos) on offenders.”

Full story

Daily Telegraph, 23rd May 2007

Source: www.telegraph.co.uk