MPs back holding private inquests – BBC News
“MPs have backed government plans to hold inquests in private and without a jury in some sensitive cases, such as those involving national security.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Day: 24 March 2009
Killer’s sentence appeal rejected – BBC News
“A man who admitted the manslaughter of a girl who died years after he had shaken her as a baby failed to convince top judges his sentence was too harsh.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Courts must read effect into ambiguous contracts, says Court of Appeal – OUT-LAW.com
“When a contract is poorly drafted and its effect unclear courts should interpret it in order to give it force rather than to render it void, the Court of Appeal has said.”
OUT-LAW.com, 24th March 2009
Source: www.out-law.com
Grandmother killer driver jailed – BBC News
“A driver who admitted killing a grandmother who had been taking her grandson for a Christmas Eve stroll has been jailed for four and a-half-years.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Man jailed for murdering landlady – BBC News
“A barman from Cornwall who claimed he awoke to find his landlady having sex with him has been given a life sentence for her murder.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
Businessman who murdered estranged wife loses conviction appeal – Daily Telegraph
“Businessman Nat Fraser who murdered his estranged wife Arlene nearly 11 years ago has lost his latest bid to overturn his conviction.”
Daily Telegraph, 24th March 2009
Source: www.telegraph.co.uk
Paranoid schizophrenic released into community to murder – Daily Telegraph
“Paranoid schizophrenic Tennyson Obih who was sectioned twice before being released into care in the community went ‘off the radar’ of the health services and murdered a policeman in broad daylight.”
Daily Telegraph, 24th March 2009
Source: www.telegraph.co.uk
PCC chair criticises media law firms – The Guardian
“The chairman of the Press Complaints Commission has rounded on a number of London media law firms, saying that they see the press watchdog as their ‘sworn enemy’.”
The Guardian, 24th March 2009
Source: www.guardian.co.uk
Private school child safety rules should be ‘overhauled’ – The Guardian
“Rules governing children’s safety in independent schools and academies should be ‘comprehensively overhauled’, a government advisor said today.”
The Guardian, 24th March 2009
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
MH (Syria) v Secretary of State for the Home Department [2009] EWCA Civ 226 (24 March 2009)
High Court (Administrative Court)
Secretary of State for the Home Department v AM [2009] EWHC 572 (Admin) (23 March 2009)
High Court (Commercial Court)
Source: www.bailii.org.uk
Bracknell Forest Borough Council v Green and another – WLR Daily
Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106
“Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
In re St Peter’s Church, Draycott – WLR Daily
In re St Peter’s Church, Draycott; [2009] WLR (D) 105
“A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
R (Longato) v Camberwell Green Magistrates’ Court – WLR Daily
R (Longato) v Camberwell Green Magistrates’ Court [2009] WLR (D) 104
“The statutory procedure for an application to extend a closure order, set out in s 5(3) of the Anti-social Behaviour Act 2003, which provided that within a reasonable time before the hearing of an application a summons might be issued by a justice of the peace to the former occupier of the premises, did not oust or modify the general procedural requirements of the Magistrates’ Courts Act 1980 or r 99 of the Magistrates’ Courts Rules 1981; if the court failed to issue and serve the summons in the manner prescribed, its ability to hear the complaint was fettered.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily
“When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
Recent Statutory Instruments – OPSI
The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009
The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009
The Insurance Premium Tax (Amendment of Schedule 6A to the Finance Act 1994) Order 2009
The County of West Sussex (Electoral Changes) Order 2009
The Insolvency (Amendment) Rules 2009
The Department for Transport (Fees) Order 2009
The Civil Enforcement of Parking Contraventions (Bedford) Designation Order 2009
The Contracting Out (Highway Functions) Order 2009
The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2009
The Northern Ireland Act 1998 (Ministerial Offices) Order 2009
The Health in Pregnancy Grant (Notices, Revisions and Appeals) (No. 2) Regulations 2009
Source: www.opsi.gov.uk
Laroche v Spirit of Adventure (UK) Ltd – Times Law Reports
Laroche v Spirit of Adventure (UK) Ltd
Court of Appeal
“A hot-air balloon was an aircraft governed by the Warsaw Convention on International Carriage by Air 1929, as scheduled to the Carriage by Air Act, 1961 and a passenger in it had to bring an action for personal injuries within the two-year period in article 29 of Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480).”
The Times, 24th March 2009
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 (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening – Times Law Reports
Regina (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening
Queen’s Bench Division
“The decision to abandon a prosecution because of the victim’s mental instability was irrational and a violation of the victim’s right not to be subjected to inhuman or degrading treatment protected by article 3 of the European Convention on Human Rights.”
The Times, 24th March 2009
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.
Imageview Management Ltd v Jack – Times Law Reports
Imageview Management Ltd v Jack
Court of Appeal
“An agent who made a secret deal with his principal’s employer breached his fiduciary duty to his principal, forfeited his agency fee and had to account for the secret profit.”
The Times, 24th March 2009
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.
Ombudsmen’s report calls for urgent review of health and social care for people with learning disabilities – Parliamentary and Health Service Ombudsman
“Ombudsmen’s report calls for urgent review of health and social care for people with learning disabilities.”
Parliamentary and Health Service Ombudsman, 24th March 2009
Source: www.ombudsman.org.uk
NHS is failing patients with learning disabilities, regulators say – The Times
“The National Health Service is failing people with learning disabilities, according to a report published today on the deaths of six disabled patients.”
The Times, 24th March 2009
Source: www.timesonline.co.uk
