Month: August 2007

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  

Taking the spleen out of splitting up – The Times

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

“Plans to give unmarried couples improved rights on the breakdown of their relationship highlight how worried the Government is about changes in society that leave many women and their children in deep financial trouble once a partnership breaks down. But for many who plan to co-own property, any change to the law (which is not expected to happen quickly) will not necessarily help them.”

Full story

The Times, 7th August 2007

Source: www.timesonline.co.uk

How well behaved are Britain’s judges? – The Times

Posted August 7th, 2007 in complaints, judges by sally

“Dale Simon has spent the past year investigating complaints about judges.”

Full story

The Times, 7th August 2007

Source: www.timesonline.co.uk

Driving licence age set to rise, report says – The Guardian

Posted August 6th, 2007 in driving licences, news, road safety by sally

“The minimum legal driving age could be raised to 18 in an attempt to cut the number of deaths caused by young and inexperienced drivers, it was reported today.”

Full story

The Guardian, 6th August 2007

Source: www.guardian.co.uk

Woman sentenced over bigamous same-sex partnership – The Guardian

Posted August 6th, 2007 in bigamy, civil partnerships, news by sally

“A mother of five who admitted entering into a civil partnership with another woman while still married was today given a suspended prison sentence.”

Full story

The Guardian, 6th August 2007

Source: www.guardian.co.uk

Government alarm over web ads – The Guardian

Posted August 6th, 2007 in advertising, internet, news by sally

“The government’s central advertising body, the Central Office of Information, has reportedly tightened up its web advertising guidelines following last week’s row over major brands advertising alongside contentious content on Facebook.”

Full story

The Guardian, 6th August 2007

Source: www.guardian.co.uk

Rise in terror stop-and-searches – BBC News

Posted August 6th, 2007 in news, stop and search, terrorism by sally

“There was a five-fold rise in the number of stop-and-searches under counter terror laws in the wake of the attempted car bomb attacks in London.”

Full story

BBC News, 6th August 2007

Source: www.bbc.co.uk

In re F (Children) (Declaration of paternity) – Times Law Reports

Posted August 6th, 2007 in law reports, paternity by sally

Telling child its true paternity

In re F (Children) (Declaration of paternity)

“The family justice system was entitled to take responsibility for deciding whether a child should be told of his paternity, in the event of adult dispute.”

The Times, 6th 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.

Regina v. Kulah – Times Law Reports

Posted August 6th, 2007 in law reports, sentencing by sally

Judge might bind himself

Regina v. Kulah

“A judge who had given an indication of the maximum sentence he had in mind on a guilty plea might find himself bound by the dangerous offender provisions to impose a sentence which was qualitatively different from the indication he had given.”

The Times, 6th 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.

ASM Shipping Ltd of India v. Harris and Others – Times Law Reports

Posted August 6th, 2007 in arbitration, bias, law reports by sally

Arbitrators not tainted by association

ASM Shipping Ltd of India v Harris and Others

“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”

The Times, 6th 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.

Natwest Three ‘devastated’ at new trial delay – The Times

Posted August 6th, 2007 in news by sally

“The NatWest Three were said to be ‘devastated’ yesterday after their exile in Houston was extended by at least three more months.”

Full story

The Times, 2nd August 2007

Source: www.timesonline.co.uk