BAILII: Recent Decisions

Posted March 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Al-Jedda v Secretary of State for the Home Department [2010] EWCA Civ 212 (12 March 2010)

High Court (Chancery Division)

Johnson Machine and Tool Co Ltd & Anor, Re [2010] EWHC 582 (Ch) (18 March 2010)

National Westminster Bank Plc v Rushmer & Anor [2010] EWHC 554 (Ch) (19 March 2010)

High Court (Family Division)

S (A Child) [2010] EWHC B2 (Fam) (3 March 2010)

High Court (Commercial Court)

Deutsche Bank Ag v Vik & Anor [2010] EWHC 551 (Comm) (19 March 2010)

Source: www.bailii.org

Man jailed for eight years for 1987 rape – The Independent

Posted March 19th, 2010 in DNA, news, rape, sentencing by sally

“A handyman who raped a woman in her own home 23 years ago was finally jailed for eight years today after he was caught thanks to the DNA database.”

Full story

The Independent, 19th March 2010

Source: www.independent.co.uk

More specialist domestic violence courts offer tailored support to victims – Ministry of Justice

Posted March 19th, 2010 in courts, domestic violence, Ministry of Justice, news by sally

“Victims of domestic violence will benefit from a further 14 new specialist domestic violence courts making a total of 141 courts in England and Wales.”

Full story

Ministry of Justice, 19th March 2010

Source: www.justice.gov.uk

Equality Bill makes Britain’s web accessibility law harder to access – OUT-LAW.com

Posted March 19th, 2010 in bills, disability discrimination, equality, internet, news by sally

“OPINION: The UK’s law on web accessibility is being re-written in an apparent attempt to make it impenetrable. But even though algebra has replaced plain English, the duty to make information accessible to disabled people survives, thanks to a blind peer.”

Full story

OUT-LAW.com, 19th March 2010

Source: www.out-law.com

BAILII: Recent Decisions

Posted March 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 (19 March 2010)

Maroudas v Secretary of State for Environment Food & Rural Affairs [2010] EWCA Civ 280 (18 March 2010)

Connor v Surrey County Council [2010] EWCA Civ 286 (18 March 2010)

William Hare Ltd v Shepherd Construction Ltd [2010] EWCA Civ 283 (18 March 2010)

Bloomsbury International Ltd & Ors. v The Sea Fish Industry Authority & Anor [2010] EWCA Civ 263 (18 March 2010)

Owens v Noble [2010] EWCA Civ 284 (18 March 2010)

Lamb v Revenue and Customs Prosecutions Office [2010] EWCA Civ 285 (18 March 2010)

High Court (Chancery Division)

Bridgewater Canal Company Ltd v Geo Networks Ltd [2010] EWHC 548 (Ch) (19 March 2010)

Kerr v Laurence Shaw & Associates Ltd (t/a Laurence Shaw & Associates (In Liquidation)) [2010] EWHC 585 (Ch) (19 March 2010)

Seyfried v Euro-IB Ltd. [2010] EWHC 553 (Ch) (18 March 2010)

High Court (Queen’s Bench Division)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 484 (QB) (18 March 2010)

Davenport v Farrow [2010] EWHC 550 (QB) (18 March 2010)

Lindsay v O’Loughnane [2010] EWHC 529 (QB) (18 March 2010)

High Court (Family Division)

D v D [2010] EWHC 138 (Fam) (11 March 2010)

High Court (Administrative Court)

Bary & Ors, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 587 (Admin) (19 March 2010)

Osborn v The Parole Board [2010] EWHC 580 (Admin) (19 March 2010)

High Court (Commercial Court)

Horwood & Ors v Land of Leather Ltd & Ors [2010] EWHC 546 (Comm) (18 March 2010)

Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd [2010] EWHC 542 (Comm) (18 March 2010)

Baxter v Mannion [2010] EWHC 573 (Ch) (18 March 2010)

Source: www.bailii.org

Taxation (International and Other Provisions) Act 2010

Posted March 19th, 2010 in legislation, taxation by sally

Taxation (International and Other Provisions) Act 2010

Full text of Act (PDF)

Source: www.opsi.gov.uk

Co-operative and Community Benefit Societies and Credit Unions Act 2010

Posted March 19th, 2010 in building societies, credit unions, legislation by sally

Co-operative and Community Benefit Societies and Credit Unions Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Marriage (Wales) Act 2010

Posted March 19th, 2010 in legislation, marriage, Wales by sally

Marriage (Wales) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Appropriation Act 2010

Posted March 19th, 2010 in appropriation, legislation by sally

Appropriation Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Crown Benefices (Parish Representatives) Measure 2010

Posted March 19th, 2010 in ecclesiastical law, legislation by sally

Crown Benefices (Parish Representatives) Measure 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Church of England (Miscellaneous Provisions) Measure 2010

Posted March 19th, 2010 in ecclesiastical law, legislation by sally

Church of England (Miscellaneous Provisions) Measure 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) – WLR Daily

Posted March 19th, 2010 in adoption, charities, law reports, sexual orientation discrimination by sally

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) [2010] EWHC 520 (Ch); [2010] WLR (D)

“A Roman Catholic adoption agency was entitled to rely on reg 18 of the Equality Act (Sexual Orientation) Regulations 2007 which afforded to charities generally an exemption from the prohibition of discrimination on grounds of sexual orientation. Accordingly, it was not unlawful for the agency to refuse to provide its services to same-sex couples.”

WLR Daily, 18th March 2010

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.

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA – WLR Daily

Posted March 19th, 2010 in conflict of laws, jurisdiction, law reports by sally

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77

“Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. For a commercial agency contract, that place was the place of the main provision of services by the agent, as it appeared from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it could not be established on that basis, the place where the agent was domiciled.”

WLR Daily, 18th March 2010

Source: www.lawreports.co.uk

Please note once a case has been full reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v W – Times Law Reports

Posted March 19th, 2010 in law reports by sally

Regina v W

Court of Appeal, Criminal Division

“Whether a defendant was acting dishonestly was a matter for the jury after a correct direction from the trial judge.”

The Times, 19th March 2010

Source: www.timesonline.co.uk

Gibson and Others v Sheffield City Council – Times Law Reports

Posted March 19th, 2010 in law reports by sally

Gibson and Others v Sheffield City Council

Court of Appeal

“Merely because an employer could explain a pay disparity, which was not directly discriminatory, that did not necessarily mean that the pay practice was not tainted by sex discrimination, so that the employer would have to justify that disparity objectively in order to rely on the genuine material factor defence in an equal pay claim.”

The Times, 19th March 2010

Source: www.timesonline.co.uk

Investors to pay for prisoner rehabilitation – The Guardian

Posted March 19th, 2010 in news, recidivists, rehabilitation by sally

“Private investors will pay for a project to rehabilitate prisoners and receive a return on their money if reoffending rates drop, under a pioneering plan announced by the government today which could eventually the way much welfare work is financed.”

Full story

The Guardian, 19th March 2010

Source: www.guardian.co.uk

Innospec admits corruption in UK first – The Times

Posted March 19th, 2010 in news by sally

“The British arm of a chemical firm faces an £8 million fine after it admitted bribing public officials in Indonesia.”

Full story

The Times, 18th March 2010

Source: www.timesonline.co.uk

Dog DNA used in conviction for teenager’s murderer – The Guardian

Posted March 19th, 2010 in DNA, dogs, murder, news, offensive weapons by sally

“A 22-year-old man who repeatedly stabbed a teenage boy was today facing life in jail after the first case in which new dog DNA technology was used in a murder prosecution.”

Full story

The Guardian, 18th March 2010

Source: www.guardian.co.uk

Former detective jailed for 22 years over £200m cocaine-smuggling plot – Daily Telegraph

Posted March 19th, 2010 in conspiracy, drug trafficking, news, police, sentencing by sally

“A former detective who was ‘pivotal’ to the success of a £200 million cocaine-smuggling plot was jailed for 22 years.”

Full story

Daily Telegraph, 18th March 2010

Source: www.telegraph.co.uk

Court backs £400,000 payout for head teacher who was forced to quit – The Times

Posted March 19th, 2010 in news by sally

“A headmistress forced from her job after a campaign by two Muslim governors to give Islam a greater presence in a state school is entitled to £400,000 damages, the Court of Appeal has ruled.”

Full story

The Times, 19th March 2010

Source: www.timesonline.co.uk