BAILII: Recent Decisions

Posted April 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Ovieriakhi, R. v [2009] EWCA Crim 452 (26 February 2009)

High Court (Administrative Court)

Corkteck Ltd v HM Revenue & Customs [2009] EWHC 785 (Admin) (08 April 2009)

Enfield Borough Council, R (on the application of) v Secretary of State for Health & Ors [2009] EWHC 743 (Admin) (08 April 2009)

Adams (t/a Strategic Land Partnerships) v Secretary of State for Communities and Local Government & Anor [2009] EWHC 771 (Admin) (08 April 2009)

High Court (Family Division)

CH v RN & Ors [2009] EWHC 640 (Fam) (03 April 2009)

High Court (Commercial Court)

IMT Shipping & Chartering GmbH v Chansung Shipping Company Ltd, Owners of the “Zenovia” [2009] EWHC 739 (Comm) (08 April 2009)

Source: www.bailii.org

R (Marrion and others) v Board of Medical Referees and others – WLR Daily

Posted April 9th, 2009 in disabled persons, fire services, law reports, pensions by sally

R (Marrion and others) v Board of Medical Referees and others [2009] EWCA Civ 450; [2009] WLR (D) 135

“Where a firefighter applied for a disability pension, the question to be resolved by the independent qualified medical practitioner and on appeal by the Board of Medical Referees under the Firefighters’ Pension Scheme was whether the firefighter was subject to incapacity for the performance of his operational firefighting duty and any other duties within the definition of ‘regular firefighter’ and within his contract which it was proposed that he perform, but not any additional duties. Where no redeployment away from operation firefighting was available, the question stopped with incapacity for the performance of operational firefighting. It was not within the board’s jurisdiction to give a binding decision which trespassed on issues which were not part of the firefighter’s appeal.”

WLR Daily, 8th April 2009

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 (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

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.

Kirklees Metropolitan Council v Radecki – WLR Daily

Posted April 9th, 2009 in contract of employment, law reports, time limits, unfair dismissal by sally

Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133

“Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee’s salary. That was the effective date of termination of the employee’s contract for the purposes of an action for unfair dismissal.”

WLR Daily, 8th April 2009

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.

Hussain (Zakir) v Secretary of State for the Home Department – Times Law Reports

Posted April 9th, 2009 in immigration, law reports, public interest by sally

Hussain (Zakir) v Secretary of State for the Home Department

Court of Appeal

“Evasion of immigration controls for a long time was not in itself a reason for deciding that an applicant, unlawfully in the United Kingdom, should not be allowed to stay.”

The Times, 9th April 2009

Source: www.timesonline.co.uk

TK (Burundi) v Secretary of State for the Home Department – Times Law Reports

Posted April 9th, 2009 in evidence, immigration, law reports by sally

TK (Burundi) v Secretary of State for the Home Department

Court of Appeal

“An immigration judge was entitled to reject an applicant’s assertion unsupported by readily available independent evidence.”

The Times, 9th April 2009

Source: www.timesonline.co.uk

Regina (Sovio Wines Ltd) v Food Standards Agency and Another – Times Law Reports

Posted April 9th, 2009 in food, judicial review, law reports by sally

Regina (Sovio Wines Ltd) v Food Standards Agency and Another

Queen’s Bench

“A grape product could be made subject to a movement control notice preventing its distribution if it had been labelled as wine but had been produced using an alcohol reduction technology that was not approved by the European Union.”

The Times, 9th April 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted April 9th, 2009 in legislation by sally

The European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009

The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2009

The Education (Free School Lunches) (Working Tax Credit) (England) Order 2009

The Armed Forces (Forfeiture of Service) Regulations 2009

The Renewable Transport Fuel Obligations (Amendment) Order 2009

The Motor Cars (Driving Instruction) (Amendment) Regulations 2009

The Education (Student Support) Regulations 2008 (Amendment) Regulations 2009

The Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2009

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009

The Distress for Rent (Amendment) Rules 2009

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) (No.2) Regulations 2009

The Housing and Regeneration Act 2008 (Commencement No. 1) (Wales) Order 2009

The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009

The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009

The Education and Skills Act 2008 (Commencement No. 1 and Savings) (Wales) Order 2009

Source: www.opsi.gov.uk

Administrative Court takes asylum cases out to the regions – The Times

Posted April 9th, 2009 in Administrative Court, news by sally

“London is the legal capital and many big disputes can only be heard in its courts. But from this month hundreds of immigration and asylum cases and challenges to decisions by government or public bodies will be devolved to the regions as four Administrative Court centres open in Birmingham, Cardiff, Leeds and Manchester.”

Full story

The Times, 9th April 2009

Source: www.timesonline.co.uk

Family advisers back judge as crunch divorce challenge fails – Legal Week

Posted April 9th, 2009 in divorce, news by sally

“Top family lawyers have welcomed a high-profile Court of Appeal ruling that could have resulted in streams of wealthy City divorcees attempting to renegotiate their settlements.”

Full story

Legal Week, 9th April 2009

Source: www.legalweek.com

Courts are racist, says black magistrate – The Times

Posted April 9th, 2009 in magistrates, news, race discrimination by sally

“A black magistrate claimed yesterday that a culture of courtroom racism routinely saw innocent ethnic minority defendants found guilty before being handed the harshest possible jail sentence.”

Full story

The Times, 9th April 2009

Source: www.timesonline.co.uk

Tighter rules for European criminals – Daily Telegraph

Posted April 9th, 2009 in deportation, EC law, news by sally

“Foreign criminals who commit crimes and receive prison sentences of 12 months or more are to be removed from the country, under new Home Office rules.”

Full story

Daily Telegraph, 8th April 2009

Source: www.telegraph.co.uk

Times is accused of revealing jury room secrets – The Times

Posted April 9th, 2009 in contempt of court, juries, news by sally

“The Attorney-General began legal proceedings against The Times yesterday, alleging that the newspaper was in contempt of court for reporting how a jury had reached its verdict.”

Full story

The Times, 9th April 2009

Source: www.timesonline.co.uk

Police officer faces jail for killing schoolgirl in 94mph crash – The Guardian

Posted April 9th, 2009 in dangerous driving, news by sally

“A police traffic officer who moonlighted as an electrician between shifts is to be jailed for killing a schoolgirl as he chased a suspect car at 94mph without his blue lights or siren on.”

Full story

The Guardian, 9th April 2009

Source: www.guardian.co.uk

NHS manager faces £500,000 compensation in age discrimination case – Daily Telegraph

Posted April 9th, 2009 in age discrimination, compensation, news by sally

“A senior NHS manager could be paid nearly £500,000 in compensation after she was refused a new job at the age of 56.”

Full story

Daily Telegraph, 8th April 2009

Source: www.telegraph.co.uk

Scandal, murder and corruption: it has been a good life at the CPS – The Times

Posted April 9th, 2009 in Crown Prosecution Service, news by sally

“Chris Newell, who is retiring from the CPS, talks about a career sandwiched between the Jeremy Thorpe scandal and the cash for honours decision.”

Full story

The Times, 9th April 2009

Source: www.timesonline.co.uk

Ian Tomlinson death: IPCC takes over inquiry from G20 protests police force – The Guardian

Posted April 9th, 2009 in demonstrations, news, police by sally

“Britain’s police watchdog today reversed its decision to allow police to investigate the death of Ian Tomlinson at the G20 protests in London last week after watching Guardian video footage of a baton-wielding officer attacking him.”

Full story

The Guardian, 8th April 2009

Source: www.guardian.co.uk

Man, 80, jailed over sex assaults – BBC News

Posted April 9th, 2009 in child abuse, news, sentencing, sexual offences by sally

“A former Roman Catholic brother has been jailed for three years after being found guilty at Luton Crown Court of sex assaults on four young girls.”

Full story

BBC News, 8th April 2009

Source: www.bbc.co.uk

Have the Woolf reforms worked? – The Times

Posted April 9th, 2009 in civil justice, civil procedure rules, news by sally

“The changes made ten years ago have been a disaster for the civil justice system and need a radical rethink.”

Full story

The Times, 9th April 2009

Source: www.timesonline.co.uk

Former Carlisle mayor jailed for stealing to fund gambling habit – The Guardian

Posted April 9th, 2009 in gambling, news, sentencing, theft by sally

“A Carlisle woman who worked as a local politician before developing an addiction to online gambling was jailed today for stealing almost £40,000 to pay her debts.”

Full story

The Guardian, 8th april 2009

Source: www.guardian.co.uk