Woman wins care negligence case – BBC News
“A woman has been awarded £60,000 in damages for the abuse she suffered at the hands of her mother after a London council failed to take her into care.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
Month: July 2009
Man jailed for killing friend in get-away – The Independent
“A man who ran over his own friend and left him dying in the road was jailed for more than five years today.”
The Independent, 16th July 2009
Source: www.independent.co.uk
Victim of gazumping given suspended jail sentence – The Guardian
“If revenge is a dish best served cold, the portion served up by Martin Frostick was positively icy. Eleven years after he was gazumped on a house purchase, he launched a smear campaign to ruin the estate agents he blamed for the collapse of the deal.”
The Guardian, 16th July 2009
Source: www.guardian.co.uk
Don’t deny justice to prisoners – The Guardian
“Jack Straw plans to cut ‘nuisance’ legal claims by prisoners. But doing so risks a return to the bad old days of rooftop protest.”
The Guardian, 17th July 2009
Source: www.guardian.co.uk
Warning for firms that set up trade union blacklist – The Guardian
“Major companies which set up and funded a secret blacklist to deny work to thousands of trade unionists will escape prosecution, it emerged today. A judge fined a private investigator who operated the covert blacklist but said he was not the only person responsible but was financed by big ‘high street’ companies. Major firms in the construction industry will be officially warned that they will be prosecuted if they set up a new blacklist.”
The Guardian, 17th July 2009
Source: www.guardian.co.uk
Man sues NHS after having terminal cancer wrongly diagnosed – The Times
“When Philip Collins was told that he had cancer and had just six months to live, he quit his job, cashed in his pension and bought himself a powerful motorcycle. He was determined to enjoy the time left to him. When he was still alive a year later his doctors conducted a re-examination and admitted that there had been a mistake. The inoperable ‘tumour’ on his gall bladder was a relatively harmless abscess. Far from being delighted at his unexpected reprieve Mr Collins, 59, was devastated. He had spent his life savings and the powerful drugs that the doctors prescribed to keep him alive as long as possible had destroyed his health.”
The Times, 17th July 2009
Source: www.timesonline.co.uk
Legal aid cuts: How you could be acquitted and still face huge bill for costs – The Times
“Plans to reform the legal aid system and cut almost £200 million from its budget have brought warnings of a two-tier justice system: one for the rich and another for the poor.”
The Times, 17th July 2009
Source: www.timesonline.co.uk
Network Rail fined for derailment – BBC News
“Network Rail has been fined £70,000 after a train travelling at 90mph derailed in Norfolk because of a poorly maintained level crossing.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
Met ‘missed opportunities’ over Baby P – BBC News
“Police missed opportunities to gather evidence about the ill-treatment of Baby Peter in the months before his death, according to an unpublished report.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
BBC pays damages to Muslim leader – BBC News
“The BBC has agreed to pay £45,000 in damages to the head of the Muslim Council of Britain over a libellous claim in the Question Time programme.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
Extradition without justice – The Guardian
Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ‘supermax’ prison – and this a man with Asperger’s syndrome who could hardly be less suited to such punishment.”
The Guardian, 16th July 2009
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
AP v Secretary of State for the Home Department [2009] EWCA Civ 731 (15 July 2009)
Patchett & Amor v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 (15 July 2009)
High Court (Administrative Court)
AR v Secretary of State for the Home Department [2009] EWHC 1736 (Admin) (15 July 2009)
High Court (Commercial Court)
Investec Bank (UK) Ltd v Zulman & Anor [2009] EWHC 1590 (Comm) (15 July 2009)
High Court (Family Division)
Child X (Residence & Contact- Rights of Media Attendance) [2009] EWHC 1728 (Fam) (14 July 2009)
High Court (Queen’s Bench Division)
Ajinomoto Sweeteners Europe SAS v ASDA Stores Ltd [2009] EWHC 1717 (QB) (15 July 2009)
Source: www.bailii.org
Recent Statutory Instruments
The Air Navigation (Single European Sky) (Penalties) Order 2009
The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009
The International Criminal Court Act (Overseas Territories) Order 2009
The Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009
The Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2009
The Air Navigation (Amendment) Order 2009
The Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009
The Public Records (Designation of Bodies) Order 2009
The Consular Fees (Amendment) Order 2009
The Terrorism (United Nations Measures) Order 2009
The St Helena, Ascension and Tristan da Cunha Constitution Order 2009
The Parliamentary Commissioner Order 2009
The European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009
The Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009
The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009
The Export Control (Amendment) (No. 2) Order 2009
The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2009
The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2009
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2009
The Swine Vesicular Disease (Wales) (Amendment) Regulations 2009
The Transfer of Functions of the Charity Tribunal Order 2009
The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009
The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009
Source: www.opsi.gov.uk
Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others – WLR Daily
“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”
WLR Daily, 15th July 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 v Erskine; R v Williams – WLR Daily
R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241
“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”
WLR Daily, 15th July 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 v Gore; R v Maher – WLR daily
R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240
“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”
WLR Daily, 15th July 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.
Regina v T (Absent witness: Evidence) – Times Law Reports
Regina v T (Absent witness: Evidence)
Court of Appeal
“On an application for the admission of the statement of an absent witness, meeting the condition in section 116(2)(d) Criminal Justice Act 2003 that the relevant person could not be found although such steps as it was reasonably practicable to take to find him had been taken, required the calling of formal evidence, unless the relevant facts were set out in an agreed statement of facts.”
The Times, 16th July 2009
Source: www.timesonline.co.uk
Regina v Seager; Regina v Blatch – Times Law Reports
Regina v Seager; Regina v Blatch
Court of Appeal
“Where a confiscation order was made against a defendant in respect of his benefit from an offence of acting in contravention of an order or undertaking disqualifying him from acting as a company director, that benefit was not to be assessed as the turnover of the company, but as the value of the property obtained by the defendant himself.”
The Times, 16th July 2009
Source: www.timesonline.co.uk
Food warning follows prosecution – BBC News
“Trading standards officers are warning of the effects of out-of-date food on vulnerable people. Torfaen council’s comments follow its prosecution of the owners of the Regency House private nursing home at Parkes Lane, Pontypool.”
BBC News, 15th July 2009
Source: www.bbc.co.uk
Loan shark convicted of blackmail – BBC News
“A loan shark who left customers fearing for their lives has been found guilty of blackmail.”
BBC News, 15th July 2009
Source: www.bbc.co.uk
