04/08/2008 – Current Awareness

“One of the country’s most experienced judges has said he is taking a near ‘zero tolerance’ approach to Britain’s binge drinking culture, warning that he is locking up first offenders involved in drunken criminality.”

Full story

Daily Telegraph, 4th August 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted August 4th, 2008 in legislation by sally

The Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008

The London Waste and Recycling Board Order 2008

The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008

The Greater London Authority Act 2007 (Commencement No.5) Order 2008

The Designation of Rural Primary Schools (England) Order 2008

The Crossrail (Qualifying Authorities) Order 2008

Source: www.opsi.gov.uk

Rapist and lottery winner Iorworth Hoare in legal bid for his money – Daily Telegraph

Posted August 4th, 2008 in news by sally

“Iorworth Hoare, the convicted rapist who won £7.2 million on the lottery, is fighting for full access to his money so that he can emigrate to France, it has been reported.”

Full story

Daily Telegraph, 4th August 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted August 4th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Laku, R v [2008] EWCA Crim 1745 (16 July 2008)

Wilson, R v [2008] EWCA Crim 1754 (15 July 2008)

Sivaraman, R. v [2008] EWCA Crim 1736 (24 July 2008)

Islam, R v [2008] EWCA Crim 1740 (31 July 2008)

Court of Appeal (Civil Division)

Perry & Anor v Harris (A Minor) [2008] EWCA Civ 907 (31 July 2008)

Jirehouse Capital & Anor v Beller & Anor [2008] EWCA Civ 908 (30 July 2008)

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 (31 July 2008)

XY (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 911 (31 July 2008)

Field v British Coal Corporation [2008] EWCA Civ 912 (31 July 2008)

Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) [2008] EWCA Civ 930 (31 July 2008)

Greenweb Ltd v London Borough of Wandsworth [2008] EWCA Civ 910 (31 July 2008)

High Court (Queen’s Bench Division)

Roberts v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1934 (QB) (01 August 2008)

Kulkarni v Milton Keynes Hospital NHS Trust [2008] EWHC 1861 (QB) (01 August 2008)

Ul-Haq & Ors v Shah [2008] EWHC 1896 (QB) (31 July 2008)

Berezovsky v Russian Television & Radio Broadcasting Company & Anor [2008] EWHC 1918 (QB) (31 July 2008)

High Court (Chancery Division)

Lucasfilm Ltd & Ors v Ainsworth & Anor [2008] EWHC 1878 (Ch) (31 July 2008)

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services Plc [2008] EWHC 1897 (Ch) (31 July 2008)

Prudential Plc v HM Revenue & Customs [2008] EWHC 1839 (Ch) (31 July 2008)

High Court (Family Division)

SW v SW & Anor [2008] EWHC 1890 (Fam) (31 July 2008)

Z County Council v TS & Ors [2008] EWHC 1773 (Fam) (25 July 2008)

High Court (Administrative Division)

AV & AU v Secretary of State for the Home Department [2008] EWHC 1895 (Admin) (31 July 2008)

High Court (Technology and Construction Court)

Nicolle & Anor v Saunders Morgan Harris Ltd [2008] EWHC 1518 (TCC) (02 July 2008)

High Court (Commercial Court)

Seagate Shipping Ltd v Glencore International AG [2008] EWHC 1904 (Comm) (31 July 2008)

High Court (Patents Court)

Re Council Regulation (EEC) No 1768/92 [2008] EWHC 1902 (Pat) (31 July 2008)

Eli Lilly & Company v Human Genome Sciences Inc [2008] EWHC 1903 (Pat) (31 July 2008)

Source: www.bailii.org

Magistrates’ Court Sentencing Guidelines – knife crime – Sentencing Guidelines Council

Posted August 4th, 2008 in news by sally

“The Sentencing Guidelines Council published the definitive guidelines (in May 2008) which are implemented from 4th August 2008. Significant attention has been paid to the guideline for sentencing adult offenders convicted of possessing a bladed article or offensive weapon ahead of it coming into effect as a result of the current focus on violent crimes involving knives.

The attached note sets out the effect of the guideline, which is not limited to knives, and the recent Court of Appeal decision in Povey [2008] EWCA Crim 1261 which recommended that the guideline be applied in a particular way given current prevalence concerns. Further notification will follow when courts should revert to the approach in the guideline as published.”

Magistrates’ Court Sentencing Guidelines – knife crime (PDF)

Sentencing Guidelines Council, 4th August 2008

Source: www.sentencing-guidelines.gov.uk

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, police, witnesses by sally

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284

“The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

WLR Daily, 31st 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.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Posted August 4th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 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.

Irwin Mitchell v Revenue and Customs Prosecutions and another – WLR Daily

Posted August 4th, 2008 in fees, law reports, proceeds of crime, restraint orders, solicitors by sally

Irwin Mitchell v Revenue and Customs Prosecutions and another [2008] EWCA Crim 1741; [2008] WLR (D) 282

“The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. ”

WLR Daily, 1st August 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.

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 4th, 2008 in capital allowances, corporation tax, law reports, warehousing by sally

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners [2008] UKHL 54; [2008] WLR (D) 281

“The expenditure on a warehouse building which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building and therefore did not qualify as a capital allowance under s 18 of the Capital Allowances Act 1990.”

WLR Daily, 1st August 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.

Lifely v Lifely – WLR Daily

Posted August 4th, 2008 in admissibility, evidence, human rights, law reports by sally

Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280

“Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted.”

WLR Daily, 1st August 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 (Heffernan) v Rent Service – WLR Daily

Posted August 4th, 2008 in benefits, housing, law reports, rent by sally

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 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.

Harris v Perry and another – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

“It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st August 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.

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) – WLR Daily

Posted August 4th, 2008 in assignment, financial regulation, law reports, third parties by sally

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277

“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”

WLR Daily, 1st August 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.

Ewing v Director of Public Prosecutions – WLR Daily

Posted August 4th, 2008 in judicial review, law reports, prosecutions, vexatious litigants by sally

Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276

“It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter.”

WLR Daily, 1st August 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.

Donaldson v O’Sullivan (Official Receiver intervening) – WLR Daily

Posted August 4th, 2008 in law reports, trustees in bankruptcy by sally

Donaldson v O’Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275

“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors’ meeting should make such an appointment.”

WLR Daily, 1st August 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.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Posted August 4th, 2008 in appeals, EC law, extradition, fugitive offenders, Italy, law reports, warrants by sally

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274

“Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”

WLR Daily, 1st August 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.

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted August 4th, 2008 in duty of care, law reports, police by sally

Smith v Chief Constable of Sussex Police

House of Lords

“Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them.”

The Times, 4th August 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.

Peers strike new blow against 42-day law – The Independent

Posted August 4th, 2008 in detention, news, terrorism by sally

“Proposed anti-terrorism laws to detain suspects for up to 42 days will be seriously undermined this week when senior peers condemn them as politicised and unconstitutional.”

Full story

The Independent, 3rd August 2008

Source: www.independent.co.uk