Day: 29 April 2010

BAILII: Recent Decisions

Posted April 29th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Appleby, R. v [2010] EWCA Crim 926 (29 April 2010)

Jones, R. v [2010] EWCA Crim 925 (29 April 2010)

Kazantzis, R. v [2010] EWCA Crim 712 (16 March 2010)

Court of Appeal (Civil Division)

RW v SW [2010] EWCA Civ 457 (29 April 2010)

Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010)

McFarlane v Relate Avon Ltd [2010] EWCA Civ B1 (29 April 2010)

Parker v Secretary of State for Communities & Local Government & Ors [2010] EWCA Civ 461 (29 April 2010)

Southall v The General Medical Council [2010] EWCA Civ 407 (20 April 2010)

High Court (Queen’s Bench Division)

Community Care North East (A Partnership) v Durham County Council [2010] EWHC 959 (QB) (29 April 2010)

High Court (Chancery Division)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2010] EWHC 925 (Ch) (29 April 2010)

High Court (Administrative Court)

TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin) (29 April 2010)

High Court (Commercial Court)

Parbulk AS v Kristen Marine SA & Anor [2010] EWHC 900 (Comm) (29 April 2010)

Source: www.bailii.org

Senior judge says ‘torrent of legislation’ made legal system incomprehensible – The Times

Posted April 29th, 2010 in news by sally

“A new government should call a halt to the ‘torrent’ of legislation that has made the legal system incomprehensible to judges and the public alike, a senior judge has said.”

Full story

The Times, 29th April 2010

Source: www.timesonline.co.uk

Teacher cleared of pupil murder bid – The Guardian

Posted April 29th, 2010 in grievous bodily harm, murder, news, teachers by sally

“A teacher who snapped and attacked a pupil who had been goading him has been cleared of attempted murder and causing grievous bodily harm with intent.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Great-grandmother tagged over goldfish sale overturns sentence – Daily Telegraph

Posted April 29th, 2010 in animals, appeals, electronic monitoring, news, sentencing by sally

“A great-grandmother fitted with an electronic tag after a goldfish was sold to a teenager at her pet shop has had her sentence quashed.”

Full story

Daily Telegraph, 29th April 2010

Source: www.telegraph.co.uk

Woman shot dead by police lawfully killed, jury rules – BBC News

Posted April 29th, 2010 in closed circuit television, firearms, inquests, news, police, unlawful killing by sally

“An armed woman who was shot dead by a police marksman in Kent was lawfully killed, an inquest jury has ruled.”

Full story

BBC News, 29th April 2010

Source: www.bbc.co.uk

Benefits restriction on terror suspects’ wives was illegal, European court rules – The Guardian

Posted April 29th, 2010 in benefits, EC law, news, terrorism by sally

“Restrictions on the payment of welfare benefits to wives of terror suspects imposed by Ed Balls when he was a Treasury minister have been ruled illegal by the European court of justice.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

Garry Mann wins injunction against extradition – The Guardian

Posted April 29th, 2010 in extradition, injunctions, news, trials by sally

“Football fan Garry Mann has won permission to continue his legal battle against extradition to Portugal, where he was sentenced to two years in prison for his role in a riot at the Euro 2004 tournament.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted April 29th, 2010 in legislation by sally

The Criminal Defence Service (Funding) (Amendment No. 3) Order 2010

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Religion row as appeal judge dismisses Christian’s sacking appeal – The Guardian

Posted April 29th, 2010 in appeals, belief discrimination, Christianity, news, sexual orientation discrimination by sally

“A marriage guidance counsellor’s bid to challenge his sacking for refusing to give sex therapy to homosexuals has led to a serious clash between the Christian lobby and the judiciary.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 29th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Richards, R. v [2010] EWCA Crim 835 (09 March 2010)

Court of Appeal (Civil Division)

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd [2010] EWCA Civ 444 (29 April 2010)

Geofizika DD v MMB International Ltd & Anor [2010] EWCA Civ 459 (28 April 2010)

Source: www.bailii.org

Hughes v Borodex Ltd – WLR Daily

Posted April 29th, 2010 in appeals, landlord & tenant, law reports, rent by sally

Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106

“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”

WLR Daily, 28th April 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.

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 29th, 2010 in age discrimination, appeals, employment, law reports, police by sally

Chief Constable of West Yorkshire Police and another v Homer [2010] EWCA Civ 419; [ 2010] WLR (D) 105

“The requirement of a law degree for eligibility for the highest pay grade as a police legal adviser did not amount to discrimination against those aged over 60.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

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

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

Posted April 29th, 2010 in contracts, employment tribunals, law firms, news, transfer of undertakings by sally

“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

“World’s worst tennis pro” loses Telegraph libel case – The Lawyer

Posted April 29th, 2010 in defamation, news, striking out by sally

“The High Court has thrown out a defamation claim brought against the Daily Telegraph by tennis player Robert Dee, who claimed the paper had defamed him by dubbing him the ‘world’s worst tennis pro’.”

Full story

The Lawyer, 28th April 2010

Source: www.thelawyer.com

General counsel ‘bypass law firms’ and go directly to the bar – Law Society’s Gazette

Posted April 29th, 2010 in barristers, law firms, legal profession, news, reports, solicitors by sally

“General counsel are increasingly bypassing law firms to go directly to the bar for legal advice, according to a report published today.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

After the Icelandic volcano: what the lawyers expect next – The Times

Posted April 29th, 2010 in news by sally

“The stragglers among the stranded volcano victims may be arriving home but we are not out of the ash cloud yet. Indeed — from a legal perspective — the crisis has barely started. Only now, as people dust themselves down and turn to the paperwork, can we start to get a glimmer of what lies ahead. And like the volcanic ash itself, the issues arising will drift across the legal landscape from airlines to regulators, insurance companies to ordinary employers who have only a remote interest in the airline business.”

Full story

The Times, 29th April 2010

Source: www.timesonline.co.uk

Bar Council begins consultation on modernising terms of instructions from solicitors – The Bar Council

Posted April 29th, 2010 in barristers, consultations, news, solicitors by sally

“The Bar Council, the Approved Regulator for barristers in England and Wales, has begun a three-month consultation on new terms of engagement of barristers for solicitors. The move comes as the profession looks to update the current basis on which barristers take instructions from solicitors, which is viewed as outdated and unsatisfactory. The new terms, drawn up by the Bar Council’s Implementation Committee, are intended to be transparent and enforceable, and to provide more protection to barristers (particularly young barristers) in countering unacceptable delays in payments. The consultation is being carried out with members of the Bar and a number of interested bodies, including the Approved Regulators of lawyers practising in England and Wales.”

Full story

The Bar Council, 29th April 2010

Source: www.barcouncil.org.uk

What the legal services reforms could mean for how bar does business – Law Society’s Gazette

Posted April 29th, 2010 in barristers, legal services, news by sally

“The Legal Services Act, in combination with changes to the bar’s Code of Conduct agreed last month by the Bar Standards Board, herald a historic sea change for the bar. They give barristers the opportunity to practise in new ways that could radically change the relationship they have with solicitors.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

MI5 files must be kept from 7/7 victims’ families, coroner told – The Guardian

Posted April 29th, 2010 in disclosure, inquests, intelligence services, news by sally

“Disclosing MI5 files about the July 7 suicide bombers to the families of those killed in the London attacks would be ‘impossible’, counsel for the Security Service and the home secretary said today.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk