01/07/2008 – Current Awareness

BAILII: Recent Decisions

Posted July 1st, 2008 in law reports by sally

High Court (Civil Division)

Persimmon Homes Teesside Ltd v Lewis, R (on the application of) [2008] EWCA Civ 746 (01 July 2008)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2008] EWCA Civ 749 (01 July 2008)

Spencer v Secretary of State for Work & Pensions Moore & Ors [2008] EWCA Civ 750 (01 July 2008)

GO & Ors v Secretary of State for the Home Department [2008] EWCA Civ 747 (01 July 2008)

Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2008] EWCA Civ 640 (01 July 2008)

High Court (Chancery Division)

Cerascope Ltd & Anor v [2008] EWHC 1502 (Ch) (25 June 2008)

High Court (Commercial Court)

Harris & Ors v The Society of Lloyd’s [2008] EWHC 1433 (Comm) (01 July 2008)

Source: www.bailii.org

Ex-Body Shop IT expert fined for market abuse – The Times

Posted July 1st, 2008 in insider dealing, news by sally

“The Financial Services Authority (FSA) has fined a former IT technician at The Body Shop, the ethical beauty retailer, for market abuse in a rare victory for the regulator over dealing on inside information.”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

Rights groups win phone tap case against Britain – Reuters

Posted July 1st, 2008 in interception, news, telecommunications by sally

“Europe’s top rights court ruled against the government on Tuesday for intercepting telephone calls between British and Irish rights groups and their clients, violating their right to privacy.”

Full story

Reuters, 1st July 2008

Source: www.reuters.com

Recent Statutory Instruments – OPSI

Posted July 1st, 2008 in legislation by sally

The Immigration and Nationality (Fees) (Amendment No. 2) Regulations 2008

The Immigration (Registration Card) Order 2008

The Council Tax Limitation (Maximum Amounts) (England) Order 2008

The Electoral Administration Act 2006 (Commencement No.1 and Transitional Provisions) (Northern Ireland) Order 2008

The Armed Forces (Service Inquiries) Regulations 2008

The Coroners (Amendment) Rules 2008

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008

The Magnetic Toys (Safety) Regulations 2008

The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2008

The Companies Act 1985 (Annual Return) and Companies (Principal Business Activities) (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Jailed marine hose executives ordered to repay £1m – The Times

Posted July 1st, 2008 in confiscation, news, price fixing by sally

“Two businessmen jailed last month in the UK’s first price-fixing prosecution have been ordered to surrender over £1 million of assets at a confiscation hearing.”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

Barrister jailed for £17.5m aircraft scam – The Times

Posted July 1st, 2008 in barristers, fraud, news, sentencing, VAT by sally

“A barrister was jailed for five years today after an ‘audacious’ bid to pocket £17.5 million in VAT through the sale of four imaginary Boeing 747 engines.”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

Ruth Kelly wins fight to miss embryo Bill vote – The Times

Posted July 1st, 2008 in embryology, news, parliament by sally

“Gordon Brown has lost a of trial of strength with Ruth Kelly and is allowing her to miss a crucial vote to relax embryo research next week, The Times has learnt.”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 1st, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Angel Airlines v Dean and Dean [2008] EWHC 1513 (QB) (30 June 2008)

High Court (Commercial Court)

P v A & Anor [2008] EWHC 1361 (Comm) (20 June 2008)

High Court (Patents Court)

Actavis UK Ltd v Janssen Pharmaceutica NV [2008] EWHC 1422 (Pat) (30 June 2008)

Source: www.bailii.org

The Twenty Fifth Anniversary of the Butterworth’s Family Law Service July 2008: The Family Courts of the Future – Speech by Mr Justice Ryder

Posted July 1st, 2008 in family courts, speeches by sally

The Twenty Fifth Anniversary of the Butterworth’s Family Law Service July 2008: The Family Courts of the Future (PDF)

Speech by Mr Justice Ryder

Judiciary of England and Wales, 27th June 2008

Source: www.judiciary.gov.uk

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same – WLR Daily

Posted July 1st, 2008 in asylum, immigration, law reports by sally

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same [2008] UKHL 42; [2008] WLR (D) 213

“A policy, whereby indefinite leave to remain would be granted to certain families living as a unit with children and young adults, was a proportionate response to particular administrative and financial problems represented by that group; and accordingly the different treatment of single young adults, who were excluded from the policy because they were parentless, was justified.”

WLR Daily, 30th June 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 (Wychavon District Council) v Secretary of State for Communities and Local Government and Others – Times Law Reports

Posted July 1st, 2008 in law reports, planning, travellers by sally

Regina (Wychavon District Council) v Secretary of State for Communities and Local Government and Others

Court of Appeal

“The loss of their home by a Gypsy family with nowhere else to live was capable in law of being regarded as a very special factor for the purposes of the national guidance issued to local planning authorities and was to be weighed in the balance as between the value society attached to the protection of Gypsy homes against the public value of protecting the Green Belt.”

The Times, 1st 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.

Recent Statutory Instruments – OPSI

Posted July 1st, 2008 in legislation by sally

The Armed Forces Act 2006 (Commencement No. 3) Order 2008

The Supply of Machinery (Safety) Regulations 2008

The Student Fees (Qualifying Courses and Persons) (England) (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Man sues friend over fake Facebook profile – Daily Telegraph

Posted July 1st, 2008 in defamation, internet, news, privacy by sally

“A businessman is suing an old schoolfriend after he allegedly created a fake profile of him on the social networking site Facebook.”

Full story

Daily Telegraph, 1st July 2008

Source: www.telegraph.co.uk

Court costs ‘risk’ for children – BBC Law in Action

Posted July 1st, 2008 in care orders, costs, special report by sally

“A rise in court costs could be deterring local authorities from applying for protection for vulnerable children, the BBC has learned.”

Full story

BBC Law in Action, 1st July 2008

Source: www.bbc.co.uk

Children threatened with ASBOs for playing football in street – Daily Telegraph

Posted July 1st, 2008 in ASBOs, children, news by sally

“A group of children were told they face anti-social behaviour orders for playing football in the street.”

Full story

Daily Telegraph, 30th June 2008

Source: www.telegraph.co.uk

Migrant builder took home £8.80 for a week – The Guardian

Posted July 1st, 2008 in migrant workers, news, remuneration by sally

“Eastern European migrants working on the construction of a £600m NHS hospital have been taking home as little as £8.80 for a 39-hour week, the Guardian has learned, in what has been described by union bosses as one of the worst instances of employee abuse in the building sector since EU enlargement.”

Full story

The Guardian, 30th June 2008

Source: www.guardian.co.uk

Elderly abusers to be targeted by Crown Prosecution Service – Daily Telegraph

Posted July 1st, 2008 in assault, elderly, fraud, news, threatening behaviour by sally

“People who pick on and abuse the elderly will be treated more harshly under a government crackdown to be announced next month.”

Full story

Daily Telegraph, 28th June 2008

Source: www.telegraph.co.uk

Tesco launches legal challenge to competition test – The Times

Posted July 1st, 2008 in competition, news by sally

“Tesco today launched a legal challenge against one of the key proposals of the Competition Commission’s two-year investigation into Britain’s £120 billion supermarket sector.”

Full story

The Times, 30th June 2008

Source: www.timesonline.co.uk

Gardener accused of poisoning former judge’s plants – Daily Telegraph

Posted July 1st, 2008 in criminal damage, judges, news by sally

“Sir Richard Tucker, for years one of the country’s most senior judges, is heading for court in a row with his former gardener over poisoned plants.”

Full story

Daily Telegraph, 29th June 2008

Source: www.telegraph.co.uk

Number of prisoners on early release scheme soars – The Independent

Posted July 1st, 2008 in news, parole, prisons by sally

“Nearly 29,000 criminals have been freed from prison early in the first 11 months of an emergency scheme to beat jail overcrowding, it was announced yesterday.”

Full story

The Independent, 1st July 2008

Source: www.independent.co.uk