Teenager condemned over war memorial outrage – The Independent
“A drunken teenager was condemned by a district judge today for apparently urinating on a war memorial.”
The Independent, 7th December 2009
Source: www.independent.co.uk
Day: 7 December 2009
Libel law analysis – The Guardian
“With Mr Justice Eady defending the current state of libel law, its reform is likely to be complex, controversial and some way off.”
The Guardian, 7th December 2009
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Prison Officers Association v Iqbal (Rev 1) [2009] EWCA Civ 1312 (04 December 2009)
High Court (Administrative Court)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
May (A Child) v Lancashire Teaching Hospitals NHS Trust [2009] EWHC 3175 (QB) (04 December 2009)
Source: www.bailii.org
Iqbal v Prison Officers Association – WLR Daily
Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355
“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”
WLR Daily, 4th December 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.
Shanks v Unilever plc and others – WLR Daily
Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354
“The words ‘that person’ in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time.”
WLR Daily, 4th December 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.
Veakins v Kier Islington Ltd – WLR Daily
Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353
“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”
WLR Daily, 4th December 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 (Adams) v Secretary of State for Justice – Times Law Reports
Regina (Adams) v Secretary of State for Justice
Court of Appeal
“A convicted person seeking compensation after the reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there was a miscarriage of justice had to show that the facts were unknown to him during the trial or appeal.”
The Times, 7th December 2009
Source: www.timesonline.co.uk
OQ (India) and Another v Secretary of State for the Home Department – Times Law Reports
OQ (India) and Another v Secretary of State for the Home Department
Court of Appeal
“Where a person sought a right of entry and residence as a dependant of a European Union citizen, it was not a requirement to ask whether the claimed dependency arose from a need for the support of such a citizen.”
The Times, 7th December 2009
Source: www.timesonline.co.uk
Recent Statutory Instruments – OPSI
The Private Water Supplies Regulations 2009
The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2009
The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2009
The Child Support (Management of Payments and Arrears) Regulations 2009
The Income Support (Prescribed Categories of Person) Regulations 2009
The Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009
The Value Added Tax (Tour Operators) (Amendment) Order 2009
The Travellers’ Allowances (Amendment) Order 2009
The Corporation Tax (Financing Costs and Income) Regulations 2009
Source: www.opsi.gov.uk
Committee set up to review the Court of Protection Rules 2007 – Judiciary of England and Wales
“Committee set up to review the Court of Protection Rules 2007.”
Judiciary of England and Wales, 4th December 2009
Source: www.judiciary.gov.uk
Fertility blunder risk due to slow regulator: review – Daily Telegraph
“Couples undergoing fertility treatment are being left at risk of embryo mix-ups and blunders because the industry regulator fails to take action early enough, a review has found.”
Daily Telegraph, 7th December 2009
Source: www.telegraph.co.uk
Judge questions Queen’s privacy threat – Daily Telegraph
“A senior judge has made comments which call into question whether the Queen and Royal family will be able to stop photographers taking pictures of them going about their private lives.”
Daily Telegraph, 7th December 2009
Source: www.telegraph.co.uk
Assisted suicide: disabled campaigner in 11th hour court challenge – Daily Telegraph
“Alison Davis claims that a legal ruling that forced the change was unsound, alleging the ‘apparent bias’ of one of the judges, Lord Phillips of Worth Matravers, now the Supreme Court’s president, who later expressed strong personal views on the subject in an interview with The Daily Telegraph.”
Daily Telegraph, 7th December 2009
Source: www.telegraph.co.uk
Doctors demand formal inquest for Dr David Kelly – BBC News
“Six doctors are taking legal action to demand a formal inquest into the death of government scientist Dr David Kelly.”
BBC News, 5th December 2009
Source: www.bbc.co.uk
Rapist of child fails in appeal – BBC News
“A rapist who photographed himself abusing a girl has failed in an attempt to reduce his jail term.”
BBC News, 4th December 2009
Source: www.bbc.co.uk
Police U-turn on photographers and anti-terror laws – The Independent
“Police forces across the country have been warned to stop using anti-terror laws to question and search innocent photographers after The Independent forced senior officers to admit that the controversial legislation is being widely misused.”
The Independent, 5th December 2009
Source: www.independent.co.uk
MoD ‘did not want to breach privacy of detainee’ – The Independent
“The Government misled MPs over Britain’s role in the rendition of two men arrested by the UK and then imprisoned by the Americans for five years in Afghanistan, it is claimed today.”
The Independent, 7th December 2009
Source: www.independent.co.uk
Loss of court reporters is a blow to open justice – The Guardian
“Open justice, an essential ingredient of a democracy, is usually understood to mean the absence of secret trials and the right of the individual – subject to very few carefully defined exceptions – to enter any of our courts and watch proceedings, without hindrance. But most people do not find it practical or easy to make such personal visits, so the principle of open justice has been extended to include the presence of representatives of the media, acting as the people’s proxy, reporting on behalf of the population what goes on in our courts.”
The Guardian, 7th December 2009
Source: www.guardian.co.uk
Super-injunctions do limit freedom of speech, Speaker’s lawyers advise – The Guardian
“Controversial ‘super-injunctions’ highlighted by the Guardian do prevent the media’s reporting of proceedings in parliament, the Commons Speaker’s legal team have advised in a move MPs will regard as a real threat to free speech.”
The Guardian, 6th December 2009
Source: www.guardian.co.uk
Unmarried couples need new legal rights, says reform judge – The Times
“Two million unmarried couples need new legal rights to protect them from injustice if they separate, the new senior judge in charge of law reform has said.”
The Times, 7th December 2009
Source: www.timesonline.co.uk
