BAILII: Recent Decisions

Posted March 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Smallman & Anor, R. v [2010] EWCA Crim 548 (30 March 2010)

Anderson v R. [2010] EWCA Crim 615 (30 March 2010)

Court of Appeal (Civil Division)

Mezey v South West London & St George’s Mental Health NHS Trust [2010] EWCA Civ 293 (30 March 2010)

Holliday & Anor v Musa & Ors [2010] EWCA Civ 335 (30 March 2010)

B (Children), Re [2010] EWCA Civ 324 (30 March 2010)

Launahurst Ltd v Larner [2010] EWCA Civ 334 (30 March 2010)

Salford City Council v Mullen [2010] EWCA Civ 336 (30 March 2010)

High Court (Queen’s Bench Division)

Higgins v Ministry of Defence [2010] EWHC 654 (QB) (30 March 2010)

High Court (Chancery Division)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Anor [2010] EWHC 674 (Ch) (30 March 2010)

High Court (Commercial Court)

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWHC 702 (Comm) (30 March 2010)

High Court (Technology and Construction Court)

Banner Holdings Ltd v Colchester Borough Council (No 2) [2010] EWHC 655 (TCC) (19 March 2010)

D Morgan Plc v Mace & Jones (a firm) & Anor [2010] EWHC 697 (TCC) (23 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 30th, 2010 in legislation by sally

The School Standards and Framework Act 1998 (Repeal) (Wales) Order 2010

The National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2010

The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) Regulations 2010

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2010

The Whole of Government Accounts (Designation of Bodies) Order 2010

The Guardian’s Allowance Up-rating Regulations 2010

The Education (Independent Educational Provision in England) (Inspection Fees) (Amendment) Regulations 2010

The Air Quality Standards Regulations 2010

The Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010

The Human Fertilisation and Embryology (Disclosure of Information for Research Purposes) Regulations 2010

The Water Supply Regulations 2010

The Human Fertilisation and Embryology (Parental Orders) Regulations 2010

The Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010

The New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 2010

The Human Fertilisation and Embryology Act 2008 (Commencement No.3) Order 2010

The Aviation Security Regulations 2010

The Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010

Source: www.opsi.gov.uk

Jail for pensioner who filmed girls in shower – The Independent

Posted March 30th, 2010 in indecent photographs of children, internet, news, pornography, sentencing by sally

“A pensioner who secretly filmed young girls as they showered in his bathroom was jailed for three years today.”

Full story

The Independent, 30th March 2010

Source: www.independent.co.uk

Greater transparency in Freedom of Information – Ministry of Justice

“The Freedom of Information Act will be extended to cover four more public bodies and increase the public’s right to access information, Justice Minister Michael Wills announced today.”

Full story

Ministry of Justice, 30th March 2010

Source: www.justice.gov.uk

28 years for jealous father who strangled children – The Independent

Posted March 30th, 2010 in murder, news, sentencing by sally

“A jealous father who strangled his two young children with computer cables to get back at his wife was jailed for a minimum of 28 years today.”

Full story

The Independent, 30th March 2010

Source:

School smacking loophole closed – BBC News

Posted March 30th, 2010 in corporal punishment, education, news by sally

“Smacking is to be banned for anyone working with children outside the family, closing a loophole on corporal punishment, the government has said.”

Full story

BBC News, 30th March 2010

Source: www.bbc.co.uk

New parliamentary expenses evidence passed to CPS – The Independent

Posted March 30th, 2010 in Crown Prosecution Service, expenses, false accounting, news, theft by sally

“Scotland Yard passed a new file of evidence against a Parliamentarian suspected of abusing expenses to prosecutors today.”

Full story

The Independent, 30th March 2010

Source: www.independent.co.uk

Rapist avoids deportation so that he can marry in Britain – Daily Telegraph

Posted March 30th, 2010 in asylum, deportation, marriage, news, rape by sally

“A convicted rapist facing deportation has won a High Court battle to be allowed to stay in the country to get married.”

Full story

Daily Telegraph, 30th March 2010

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted March 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No 80 of 2009 [2010] EWCA Crim 470 (24 February 2010)

Chen, R. v [2010] EWCA Crim 446 (02 March 2010)

Seton v R. [2010] EWCA Crim 450 (12 March 2010)

Court of Appeal (Civil Division)

Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314 (30 March 2010)

High Court (Queen’s Bench Division)

Kaschke v Gray & Anor [2010] EWHC 690 (QB) (29 March 2010)

High Court (Administrative Court)

Saunders v The Hearing Aid Council [2010] EWHC 629 (Admin) (29 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 30th, 2010 in legislation by sally

The Education Act 2002 (Commencement No. 13) (Wales) Order 2010

The Exeter and Devon (Structural Changes) Order 2010

The Norwich and Norfolk (Structural Changes) Order 2010

The Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010

The Biodiesel Duty (Biodiesel Produced From Waste Cooking Oil) (Relief) Regulations 2010

The Beef and Veal Labelling Regulations 2010

The Crime and Disorder Act 1998 (Responsible Authorities) Order 2010

The Education (Student Support) (College of Europe) Regulations 2010

The Immigration (Leave to Enter and Remain) (Amendment) Order 2010

The Special Restrictions on Adoptions from Abroad (Nepal) Order 2010

The Rail Vehicle Accessibility (Networks) Exemption Order 2010

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships)(Amendment) Regulations 2010

The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

The Passenger and Goods Vehicles (Community Recording Equipment Regulation) Regulations 2010

The Policing and Crime Act 2009 (Commencement No. 5) Order 2010

The Political Parties and Elections Act 2009 (Commencement No. 3 and Saving Provision) Order 2010

The Water Act 2003 (Commencement No. 10) Order 2010

The A23 Trunk Road (Handcross to Warninglid Widening Slip Roads) Order 2010

Source: www.opsi.gov.uk

Protocol between Lord Chancellor and Law Commission – Ministry of Justice

Posted March 30th, 2010 in government departments, Law Commission, Ministry of Justice, news by sally

“The Lord Chancellor and the Law Commission for England and Wales have agreed a statutory protocol governing how Government departments and the Law Commission should work together on law reform projects.”

Full story

Ministry of Justice, 29th March 2010

Source: www.justice.gov.uk

Address by Sir Mark Potter, President of the Family Division – Judiciary of England and Wales

Posted March 30th, 2010 in news by sally

Address by Sir Mark Potter, President of the Family Division (PDF)

District Judges’ Seminar, 26th March 2010

Source: www.judiciary.gov.uk

Drew v Whitbread plc – Times Law Reports

Posted March 30th, 2010 in law reports by sally

Drew v Whitbread plc

Court of Appeal

“A party was not precluded from raising a matter before the costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs.”

The Times, 30th March 2010

Source: www.timesonline.co.uk

Shell UK Ltd v Total UK Ltd and Others; Total UK Ltd v Chevron Ltd – Times Law Reports

Posted March 30th, 2010 in law reports by sally

Shell UK Ltd v Total UK Ltd and Others; Total UK Ltd v Chevron Ltd

Court of Appeal

“A duty of care was owed to a beneficial owner of property by a defendant who could reasonably foresee that his negligent actions would damage that property.”

The Times, 30th March 2010

Source: www.timesonline.co.uk

Warning over pupil fingerprinting – BBC News

Posted March 30th, 2010 in data protection, fingerprints, news, school children by sally

“Many schools are fingerprinting pupils without parents’ permission, teachers have warned.”

Full story

BBC News, 29th March 2010

Source: www.bbc.co.uk

Eminent pharmacist with ‘double life’ jailed for expenses claims – The Times

Posted March 30th, 2010 in news by sally

“The secrets of an eminent pharmacist who held bondage parties at his pied-à-terre were uncovered during an investigation into fraudulent claims for NHS expenses.”

Full story

The Times, 30th March 2010

Source: www.timesonline.co.uk

Death tax law ruled out next parliament – The Guardian

Posted March 30th, 2010 in elderly, news, social services, taxation by sally

“Andy Burnham, the health secretary, will today rule out legislation in the next parliament to impose a death tax to pay for social care for the elderly, but will promise new laws to cap the cost of residential costs after two years in a home.”

Full story

The Guardian, 30th March 2010

Source: www.guardian.co.uk

Publisher not liable for search engine summary, rules High Court – OUT-Law.com

Posted March 30th, 2010 in BBC, defamation, internet, news by sally

“A publisher should not be responsible for a libel created by the out-of-context publication of material by a search engine, the High Court has ruled.”

Full story

OUT-LAW.com, 29th March 2010

Source: www.out-law.com

Hearing aid man wins porn case appeal – The Independent

Posted March 30th, 2010 in appeals, disciplinary procedures, news, pornography, professional conduct by sally

“A director of a hearing aid company who kept adult pornographic images on a work computer in a file named ‘Dirty’ won a High Court battle against being struck off today.”

Full story

The Independent, 29th March 2010

Source: www.independent.co.uk

Shotgun murderer who killed before gets whole-life term – BBC News

Posted March 30th, 2010 in murder, news, sentencing by sally

“A man has been jailed for the rest of his life for a shotgun murder – 39 years after committing another killing.”

Full story

BBC News, 29th March 2010

Source: www.bbc.co.uk