BAILII: Recent Decisions

Posted October 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Electoral Commission, R (on the application of) v City of Westminster Magistrates Court & Anor [2009] EWCA Civ 1078 (19 October 2009)

Chief Constable of Humberside Police & Ors v The Information Commissioner & Anor [2009] EWCA Civ 1079 (19 October 2009)

High Court (Queen’s Bench Division)

Dee v Telegraph Media Group Ltd [2009] EWHC 2546 (QB) (19 October 2009)

High Court (Chancery Division)

International Private Equity Ltd v ABN Amro Bank NV [2009] EWHC 2523 (Ch) (15 October 2009)

Iesini & Ors v Westrip Holdings Ltd & Ors [2009] EWHC 2526 (Ch) (16 October 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted October 19th, 2009 in legislation by sally

The Ministry of Defence Police (Conduct) Regulations 2009

The Provision of Services Regulations 2009

The Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

The General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations Order of Council 2009

The City of Stoke-on-Trent (Scheme of Elections) Order 2009

The Working Time (Amendment) (No. 2) Regulations 2009

The RTM Companies (Model Articles) (England) Regulations 2009

Source: www.opsi.gov.uk

Government outlines increased penalties for data misuse – OUT-LAW.com

Posted October 19th, 2009 in data protection, news, penalties, privacy by sally

“The Government has outlined its plans to jail people convicted of trading illegally in personal data or knowingly or recklessly disclosing it. Under the plans the jail terms would be introduced next April.”

Full story

OUT-LAW.com, 19th October 2009

Source: www.out-law.com

PCC to examine Mail Gately column – BBC News

Posted October 19th, 2009 in complaints, media, news by sally

“The Press Complaints Commission says it will ask the Daily Mail to respond to complaints about a column it ran on the death of Boyzone singer Stephen Gately.”

Full story

BBC News, 19th October 2009

Source: www.bbc.co.uk

‘Mouth tape’ care worker sentenced – The Independent

Posted October 19th, 2009 in assault, carers, elderly, news, sentencing by sally

“A care worker who ‘humiliated’ an 89-year-old dementia patient by taping his mouth shut and forcing him to lie on the floor was given a suspended jail sentence today.”

Full story

The Independent, 19th October 2009

Source: www.independent.co.uk

Poison abortion bid doctor guilty – BBC News

Posted October 19th, 2009 in abortion, doctors, news, poisoning by sally

“A doctor has been found guilty of poisoning his lover in a failed attempt to induce an abortion.”

Full story

BBC News, 19th October 2009

Source: www.bbc.co.uk

Owning a cat helped immigrant avoid deportation – The Independent

Posted October 19th, 2009 in deportation, immigration, news by sally

“An immigrant facing deportation from Britain cited ownership of a pet cat with his girlfriend as part of his legal battle to stay in the country, it was revealed today.”

Full story

The Independent, 19th October 2009

Source: www.independent.co.uk

CPS consults on changes to prosecution principles – Crown Prosecution Service

Posted October 19th, 2009 in Crown Prosecution Service, news, prosecutions by sally

“The Crown Prosecution Service (CPS) has today launched a 12 week public consultation on important changes to the Code for Crown Prosecutors – the document that sets out the principles which prosecutors must follow when they decide whether or not to prosecute an individual.”

Full story

Crown Prosecution Service, 19th October 2009

Source: www.cps.gov.uk

Crime adviser Louise Casey criticises government on antisocial behaviour – The Guardian

Posted October 19th, 2009 in ASBOs, news by sally

“An outspoken Home Office adviser said the government had let people down on antisocial behaviour and the criminal justice system was out of step with public opinion.”

Full story

The Guardian, 19th October 2009

Source: www.guardian.co.uk

Police win data deletion appeal – BBC News

Posted October 19th, 2009 in appeals, criminal records, data protection, news, police by sally

“Five police forces which challenged a ruling that they should delete records on criminal convictions from their database have won their appeal.”

Full story

BBC News, 19th October 2009

Source: www.bbc.co.uk

Lawcast 156: Mark Stephens on Superinjunctions in the wake of Trafigura and The Guardian Gag – Charon QC

Posted October 19th, 2009 in injunctions, media, podcasts by sally

“Today I am talking to Mark Stephens, partner at Finers Stephens Innocent about the use of superinjunctions in the wake of the Guardian Gag story earlier in the week.”

Podcast

Charon QC, 17th October 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Six-month jail sentences reduced to six weeks to ease jail overcrowding – The Times

Posted October 19th, 2009 in news by sally

“Six-month jail terms are being slashed to six weeks and 28-day sentences are being waived by prison governors desperate to ease record levels of overcrowding, The Times has learnt.”

Full story

The Times, 19th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 19th, 2009 in law reports by sally

Supreme Court

E, R (on the application of) v Governing Body of JFS & Anor (Rev 3) [2009] UKSC 1 (14 October 2009)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 2549 (Admin) (16 October 2009)

High Court (Family Division)

ITW v Z & Ors [2009] EWHC 2525 (Fam) (12 October 2009)

Source: www.bailii.org

R (E) v Governing Body of JFS and others (No 2) – WLR Daily

Posted October 19th, 2009 in appeals, law reports, legal aid by sally

http://www.lawreports.co.uk/WLRD/2009/HLPC/R(E)_v_GoverningJFS(SC).html

“As a general principle, if the Legal Services Commission funded a litigant who was successful in his cause, that decision should ordinarily amount to close to an assurance that the Commission would continue to support him in any subsequent appeal by the unsuccessful party.”

WLR Daily, 16th October 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 (E) v Governing Body of JFS and Others (No 2) – Times Law Reports

Posted October 19th, 2009 in law reports by sally

Regina (E) v Governing Body of JFS and Others (No 2)

Supreme Court

“When the Legal Services Commission decided to fund a litigant who was successful in his cause, that decision should ordinarily be seen to carry with it something close to an assurance that the commission would continue to support him in any subsequent appeal by the unsuccessful party while he remained financially eligible.”

The Times, 19th October 2009

Source: www.timesonline.co.uk

Prenups may not have the force of law, but they work – The Independent

Posted October 19th, 2009 in news, prenuptial agreements by sally

“With this prenup, I thee wed. It may not be the most romantic of sentences, but more of us than ever are considering prenuptial agreements to protect our assets before getting married.”

Full story

The Independent, 18th October 2009

Source: www.independent.co.uk

Appeal over torture claim ruling – BBC News

Posted October 19th, 2009 in appeals, disclosure, intelligence services, news, torture by sally

“The government says it will appeal against a ruling that US intelligence documents detailing the alleged torture of an ex-UK resident can be released.”

Full story

BBC News, 17th October 2009

Source: www.bbc.co.uk

England’s libel laws don’t just gag me, they blindfold you – The Times

Posted October 19th, 2009 in news by sally

“The author who is being sued for libel, says bloggers and scientists are increasingly reluctant to write anything critical for fear of ruin.”

Full story

The Times, 18th October 2009

Source: www.timesonline.co.uk

British victims of terror attacks abroad to receive payouts – The Guardian

Posted October 19th, 2009 in compensation, news, terrorism, victims by sally

“A young London man facing life in a wheelchair after being injured in last year’s terrorist attack in Mumbai is finally going to get financial support after a dramatic turnaround in government policy.”

Full story

The Guardian, 18th October 2009

Source: www.guardian.co.uk

Are women paying for sexism laws? – BBC News

Posted October 19th, 2009 in employment, news, sex discrimination by sally

“Old style sexism has ‘died a death’ in the city – so says the deputy chairman of fund management firm JO Hambro.”

Full story

BBC News, 18th October 2009

Source: www.bbc.co.uk