BAILII: Recent Decisions

Posted October 16th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Austin & Anor v Commissioner of Police of the Metropolis [2007] EWCA Civ 989 (15 October 2007)

L’Oreal SA & Ors v Bellure NV & Ors [2007] EWCA Civ 968 (10 October 2007)

Holmes-Moorhouse v London Borough of Richmond-Upon-Thames [2007] EWCA Civ 970 (10 October 2007)

Procter & Gamble Company v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936 (10 October 2007)

Charman v Orion Group Publishing Group Ltd & Ors [2007] EWCA Civ 972 (10 October 2007)

Lawntown Ltd v Camenzuli & Anor [2007] EWCA Civ 949 (10 October 2007)

O’Byrne v Aventis Pasteur SA [2007] EWCA Civ 939 (09 October 2007)

Court of Appeal (Criminal Division)

Macfarlane, R. v [2007] EWCA Crim 2293 (12 October 2007)

Coleman & Anor v R [2007] EWCA Crim 2318 (10 October 2007)

High Court (Administrative Court)

Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin) (15 October 2007)

Dimmock v Secretary of State for Education & Skills [2007] EWHC 2288 (Admin) (10 October 2007)

Knight, R (on the application of) v HM Comptroller-General of Patents, Trade Marks & Designs [2007] EWHC 2264 (Admin) (09 October 2007)

High Court (Chancery Division)

Kostic v Chaplin & Ors [2007] EWHC 2298 (Ch) (15 October 2007)

Teva Pharmaceutical Industries Ltd & Anor v Merrell Pharmaceuticals Inc & Anor [2007] EWHC 2276 (Ch) (12 October 2007)

The Law Debenture Trust Corporation Plc v Concord Trust & Ors [2007] EWHC 2255 (Ch) (12 October 2007)

Oxford Legal Group Ltd v Sibbasbridge Services Plc & Anor [2007] EWHC 2265 (Ch) (09 October 2007)

Dellar v Zivy & Ors [2007] EWHC 2266 (Ch) (09 October 2007)

High Court (Commercial Court)

Pacific Maritime (Asia) Ltd. v Holystone Overseas Ltd. [2007] EWHC 2319 (Comm) (11 October 2007)

ED & F Man Sugar Ltd v Lendoudis [2007] EWHC 2268 (Comm) (10 October 2007)

Source: www.bailii.org

Sentences to protect public ‘keeping too many in jail’ – The Times

Posted October 16th, 2007 in dangerous offenders, news, sentencing by sally

“A new prison sentence intended to protect the public from dangerous criminals is set to be overhauled amidst alarm at the huge numbers being given the jail term.”

Full story

The Times, 16th October 2007

Source: www.timesonline.co.uk

In re A (a Child) (Duty to seek reasons) – Times Law Reports

Posted October 16th, 2007 in appeals, child abuse, judgments, law reports, reasons by sally

Counsel should seek reasons

In re A (a Child) (Duty to seek reasons)

Court of Appeal

“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”

The Times, 16th October 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.

SES Contracting Ltd and Another v UK Coal plc and Others – Times Law Reports

Posted October 16th, 2007 in costs, disclosure, law reports by sally

Paying other party’s costs

SES Contracting Ltd and Another v UK Coal plc and Others

Court of Appeal

“On an application for disclosure before commencement of proceedings a respondent was ordinarily awarded his costs. A costs order requiring him to pay all the applicant’s costs could be made only where it was clearly unreasonable to oppose the application or where the manner of opposition was so unreasonable as to make it appropriate to bear all of both parties’ costs.”

The Times, 16th October 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 Hamilton – Times Law Reports

Posted October 16th, 2007 in law reports, outraging public decency by sally

Elements of outraging public decency

Regina v Hamilton

Court of Appeal (Criminal Division)

“The two-person rule applicable to the common-law offence of outraging public decency was capable of being satisfied if there were two or more persons present who were capable of seeing the nature of the act even if they did not actually see it.”

The Times, 16th October 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. 

Black and Muslim lawyers plan breakaway regulator – The Times

Posted October 16th, 2007 in minorities, news, race discrimination, solicitors by sally

“Black and Muslim solicitors have accused Britain’s legal watchdog of racial discrimination and want to break away to establish their own watchdog body.”

Full story

The Times, 16th October 2007

Source: www.timesonline.co.uk

Sex attacker preyed on women for four years after blunder – The Guardian

Posted October 16th, 2007 in DNA, news, police, sexual offences by sally

“A serial sex attacker who remained free to terrorise women for four years because of a police DNA blunder was jailed for life yesterday. Mark Campbell, 38, from Chichester, West Sussex, was convicted of six attacks, including two rapes, which began in February 1998 and ended in August 2004.”

Full story

The Guardian, 16th October 2007

Source: www.guardian.co.uk

Spot fines for thieves ‘stupidity in practice’ – Daily Telegraph

Posted October 16th, 2007 in fines, news, theft by sally

“A judge has branded Government policy to give thieves on-the-spot fixed penalties as ‘stupidity in practice’.”

Full story

Daily Telegraph, 16th October 2007

Source: www.telegraph.co.uk

UK lawyers attempt to stop American execution – The Times

Posted October 16th, 2007 in death penalty, news by sally

“A team of leading UK lawyers has intervened to halt the execution by lethal injection this week of America’s longest-serving prisoner on ‘death row’ — pending a US Supreme Court decision on whether the method is ‘cruel or unnecessary’. ”

Full story

The Times, 15th October 2007

Source: www.timesonline.co.uk

Divorce lawyers ‘put fees before clients’ – The Independent

Posted October 16th, 2007 in divorce, fees, legal profession, news by sally

“Sir Paul McCartney and Heather Mills are the latest celebrity couple to find out the hard way that divorce often ends in a long, acrimonious and expensive court battle. But many costly annulments could be avoided if alternative and less hostile means of separation were explored first, new research suggests.”

Full story

The Independent, 16th October 2007

Source: www.independent.co.uk

New Bar Quality Panel ‘Will Raise Standards’ – Vos – The Bar Council

Posted October 16th, 2007 in barristers, legal services, news, quality assurance by sally

“A new advisory panel being launched by the Bar Council today will help maintain the Bar’s reputation for excellence in legal advice and representation, it said.”

Full story

The Bar Council, 15th October 2007

Source: www.barcouncil.org.uk