Month: July 2009
Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – WLR Daily
“A policy of banning smoking in the premises of an NHS trust, which had the effect of prohibiting smoking for those detained in a high security psychiatric hospital, did not contravene the patients’ human rights and was lawful.”
WLR Daily, 28th 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.
Secretary of State for the Home Department v GG – WLR Daily
Secretary of State for the Home Department v GG [2009] EWCA Civ 786; [2009] WLR (D) 25
“There was no power to include in a control order a general requirement to submit to searches of the person.”
WLR Daily, 28th 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.
Desmond v Bower – WLR Daily
Desmond v Bower [2009] EWCA Civ 667; [2009] WLR (D) 258
“The reasoning of the judge refusing the defendant in a libel trial permission to call evidence of discreditable behaviour by the claimant subsequent to the alleged libel was a matter of law in which the appellate court was entitled to intervene. Evidence of discreditable behaviour similar to that described in the alleged libel could be admitted even though the evidence concerned behaviour subsequent to the libel.”
WLR Daily, 28th 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.
Office of Fair Trading vs Foxtons Ltd – Times Law Reports
Office of Fair Trading vs Foxtons Ltd
Chancery Division
“Provisions in an estate agent’s standard terms and conditions of its letting contracts with landlords relating to renewal commission, third party renewal commission and sales commission were unfair.”
The Times, 29th July 2009
Source: www.timesonline.co.uk
Ryan v Islington London Borough Council – Times Law Reports
Ryan v Islington London Borough Council
Court of Appeal
“A tenant who wished to acquire her local authority flat under the right to buy scheme could not require the local authority to carry out remedial works to the property as a precondition to complying with a notice to complete.”
The Times, 29th July 2009
Source: www.timesonline.co.uk
Boyfriend sentenced to life in jail for murder of Amy Leigh Barnes – The Times
“A football coach was told that he would spend at least 24 years in prison after he was found guilty yesterday of murdering his girlfriend, a model, who named her killer with her dying words.”
The Times, 29th July 2009
Source: www.timesonline.co.uk
Recent Statutory Instruments – OPSI
The Categories of Gaming Machine (Amendment) Regulations 2009
The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009
The School Teachers’ Incentive Payments (England) Order 2009
The Air Navigation (Restriction of Flying) (London Stansted Airport) (No. 2) Regulations 2009
The Merchant Shipping (Marine Equipment) (Amendment) Regulations 2009
The Further Education (Principals’ Qualifications) (England) (Amendment) (No. 2) Regulations 2009
The Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2009
The Armed Forces Act 2006 (Consequential Amendments) Order 2009
The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
The Armed Forces (Enlistment) Regulations 2009
The Police Pensions (Amendment) Regulations 2009
The Food Irradiation (Wales) Regulations 2009
The School Admission Appeals Code (Appointed Day) (Wales) Order 2009
Source: www.opsi.gov.uk
Hacker’s ‘moral crusade’ over UFO – BBC News
“A Briton fighting extradition to the US for hacking into top-secret computers claims he was morally justified in breaking the law.”
BBC News, 28th July 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Bannister, R. v [2009] EWCA Crim 1571 (28 July 2009)
CPS (Durham) v N [2009] EWCA Crim 1573 (28 July 2009)
Charles, R v [2009] EWCA Crim 1570 (28 July 2009)
K, R. v [2009] EWCA Crim 1640 (28 July 2009)
Court of Appeal (Civil Division)
Somerset County Council & Anor v Pike [2009] EWCA Civ 808 (28 July 2009)
George v Allied Healthcare (UK) [2009] EWCA Civ 756 (28 July 2009)
SRM Global Master Fund Lp & Ors v Her Majesty’s Treasury [2009] EWCA Civ 788 (28 July 2009)
High Court (Chancery Division)
High Court (Queen’s Bench Division)
Revenue & Customs Prosecutions Office v May & Anor [2009] EWHC 1826 (QB) (22 July 2009)
Willmore v Knowsley Metropolitan Borough Council [2009] EWHC 1831 (QB) (24 July 2009)
High Court (Administrative Court)
Yeong v General Medical Council [2009] EWHC 1923 (Admin) (28 July 2009)
High Court (Commercial Court)
Compania Sud-Americana De Vapores S.A. v Nippon Yusen Kaisha [2009] EWHC 1606 (Comm) (09 July 2009)
Source: www.bailii.org
Court of Appeal ruling highlights value of website disclaimers – OUT-LAW.com
“Websites can owe a duty of care to people who visit them and rely on the information they provide, England’s Court of Appeal has said. But while misstatements may provoke lawsuits, website warnings will mitigate liability, according to the ruling.”
OUT-LAW.com, 29th July 2009
Source: www.out-law.com
Judges rule skill of police officers irrelevant to dangerous driving – Daily Telegraph
“The ‘special skill’ of a police driver is ‘an irrelevant circumstance’ when considering whether driving is dangerous, three judges have ruled.”
Daily Telegraph, 28th July 2009
Source: www.telegraph.co.uk
Law Society to students: legal career may be too risky – The Lawyer
“The Law Society is set to launch a campaign warning students to think twice about embarking on a career in law.”
The Lawyer, 28th July 2009
Source: www.thelawyer.com
Britain’s biggest DVD pirates jailed – The Guardian
“A father and his two sons who kept dozens of Chinese workers in virtual slavery to run Britain’s biggest DVD piracy operation were jailed for a total of 16 years today.”
The Guardian, 28th July 2009
Source: www.guardian.co.uk
Mental health killings increase – BBC News
“The number of people killed by those with a mental illness increased between 1997 and 2005, official figures show.”
BBC News, 28th July 2009
Source: www.bbc.co.uk
Immigration rules are a drain on the country, says Judge Ian Trigger – Daily Telegraph
“Judge Ian Trigger has described Britain’s immigration system as ‘completely lax’ and claimed it partly contributed to rising national debt.”
Daily Telegraph, 29th July 2009
Source: www.telegraph.co.uk
File loss blunder in rape case – BBC News
“A man suspected of raping a woman 12 years ago cannot face prosecution, as the police have lost the case file.”
BBC News, 28th July 2009
Source: www.bbc.co.uk
Diego Garcia rendition victim challenges UK in court – The Guardian
“The government is refusing to provide details of the torture and wrongful detention of a man rendered through British territory, it was claimed today, depriving him of a remedy for ‘serious civil and criminal wrongdoing’.”
The Guardian, 28th July 2009
Source: www.guardian.co.uk
Cyclist’s family awarded £580,000 – BBC News
“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of £580,000.”
BBC News, 28th July 2009
Source: www.bbc.co.uk
Northern Rock investors lose compensation appeal – The Times
“Former shareholders in Northern Rock, the state-owned bank, today (28 July) lost their second legal challenge over the Government’s compensation scheme.”
The Times, 28th July 2009
Source: www.timesonline.co.uk
