Daily Cause List, 1st August 2008
Source: www.hmcourts-service.gov.uk
Please note only the current day’s cause list will be accessible
Month: July 2008
31,500 prisoners released early – BBC News
“More than 31,500 criminals were freed early in England and Wales in the first year of a scheme to free up overcrowded jails, official figures show.”
BBC News, 31st July 2008
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Mitchell v Revenue & Customs Prosecutions Office & Anor [2008] EWCA Crim 1741 (30 July 2008)
S & Ors, R v [2008] EWCA Crim 1636 (4 July 2008)
Court of Appeal (Civil Division)
Lifely v Lifely [2008] EWCA Civ 904 (30 July 2008)
KH (Sudan) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 887 (30 July 2008)
Donaldson v O’Sullivan [2008] EWCA Civ 879 (30 July 2008)
Hedrich & Anor v Standard Bank London Ltd & Anor [2008] EWCA Civ 905 (30 July 2008)
Birmingham City Council v Lee [2008] EWCA Civ 891 (30 July 2008)
NF (Ghana) v Secretary of State for the Home Department [2008] EWCA Civ 906 (30 July 2008)
LS (Uzbekistan) v Secretary of State for the Home Department [2008] EWCA Civ 909 (30 July 2008)
High Court (Administrative Division)
Basi & Anor v London Borough of Redbridge [2008] EWHC 1699 (Admin) (16 July 2008)
High Court (Commercial Court)
Ace Capital Ltd v CMS Energy Corporation [2008] EWHC 1843 (Comm) (30 July 2008)
Source: www.bailii.org
Constitution reforms ‘need work’ – BBC News
“Ministers need to think more about plans to reform the UK constitution before they are ready to become law, MPs and peers have said.”
BBC News, 31st July 2008
Source: www.bbc.co.uk
R (Securiplan plc) v Security Industry Authority – WLR Daily
R (Securiplan plc) v Security Industry Authority [2008] EWHC 1762 (Admin); [2008] WLR (D) 271
“Despite the absence of any express powers under the Private Security Industry Act 2001, the Security Industry Authority, the body established under the 2001 Act to carry out licensing, monitoring and inspection functions, had power to prosecute alleged offences under that Act.”
WLR Daily, 30th July 2008
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.
Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily
Bailey (by her father and litigation friend) v Ministry of Defence and another [2008] EWCA Civ 883
“Where medical science could not establish the probability that ‘but for’ an act of negligence an injury would not have happened, but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”
WLR Daily, 30th July 2008
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.
Cantrell v Wycombe District Council – WLR Daily
Cantrell v Wycombe District Council [2008] EWCA Civ 866; [2008] WLR (D) 269
“A positive convenant could not be enforced against the successor in title of the covenantor in common law even though the agreement had been made with express reference to s 609 of the Housing Act 1985 to disapply the common law prohibition. Parliament had not intended s 609 to displace the common law.”
WLR Daily, 30th July 2008
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.
R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) – WLR Daily
“Where, following threats by a foreign state as to the consequences, affecting national security, if he pursued an investigation into alleged corruption, the Director of the Serious Fraud Office had discontinued it, he had been entitled in his discretion to do so.”
WLR Daily, 30th July 2008
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.
Mason v Ministry of Justice – WLR Daily
Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265
“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”
WLR Daily, 30th July 2008
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.
Regina (Corner House Research and Another) v Director of the Serious Fraud Office – Times Law Reports
Regina (Corner House Research and Another) v Director of the Serious Fraud Office
House of Lords
“Where he took the view that protecting the lives of British citizens outweighed the public interest in pursuing an investigation into allegations of corruption, the Director of the Serious Fraud Office had been entitled to exercise his discretion to discontinue the corruption investigation following threats by a foreign state as to consequences affecting national security if he did not do so.”
The Times, 31st July 2008
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.
Ministers accused of retreat on role of attorney general – The Guardian
“Gordon Brown’s plans for constitutional reforms to make the government more accountable to parliament and the public have been turned into a ‘ragbag of retreats’ by the justice secretary, Jack Straw, according to a dissenting report by a minority on a cross-party group of MPs and peers.”
The Guardian, 31st July 2008
Source: www.guardian.co.uk
Watchdog clears Google’s street cameras – The Guardian
“Google’s controversial Street View service – which will offer ground-level pictures of every UK street online -can finally be launched in Britain, after a privacy watchdog said it had no complaints about the service.”
The Guardian, 31st July 2008
Source: www.guardian.co.uk
Star Wars’ battle of the stormtroopers to be resolved – Daily Telegraph
“Star Wars’ battle of the stormtroopers will be resolved by a High Court judge who must decide whether a costume maker has the right to sell the soldier’s uniforms.”
Daily Telegraph, 31st July 2008
Source: www.telegraph.co.uk
Offenders ‘unpunished’ by courts – BBC News
“Defence solicitors in England and Wales have warned serious offenders are getting off lightly because police are chasing performance targets.”
BBC News, 31st July 2008
Source: www.bbc.co.uk
MPs tell internet firms to police ‘dark side’ of web – The Guardian
“The internet industry must take more responsibility for protecting young people from the ‘dark side’ of digital content relating to abuse, violence and suicide, according to a committee of MPs.”
The Guardian, 31st July 2008
Source: www.guardian.co.uk
Violent women: binge drinking culture fuels rise in attacks by women – Daily Telegraph
“The number of violent offences carried out by women has doubled in just five years, official figures show.”
Daily Telegraph, 31st July 2008
Source: www.telegraph.co.uk
Hacker vows to fight extradition – BBC News
“A Briton accused of hacking into top-secret military computers has vowed to fight extradition to stand trial in the US after losing a court appeal.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
Illegal file-sharing: Government hits back at BPI over last-minute letter – The Guardian
“A hardline letter sent by the BPI at the 11th hour threatened to undermine a deal to tackle illegal file-sharing, prompting the government to express its displeasure of the music industry body in a terse response to record label executives.”
The Guardian, 31st July 2008
Source: www.guardian.co.uk
Restaurant tipping law to change – BBC News
“Employers are to be banned from using tips and service charges to ‘top up’ staff pay to meet the minimum wage, under government plans.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
