Day: 7 May 2010
Football fan Garry Mann ‘devastated’ to lose extradition battle – Independent
“England football fan Garry Mann was left ‘devastated’ today as he lost his final legal battle against extradition to Portugal, where he faces a two-year jail sentence.”
The Independent, 7th May 2010
Source: www.independent.co.uk
Smuggler of endangered birds’ eggs avoids jail – The Guardian
“An obsessive smuggler of wild birds’ eggs has avoided jail, to the disappointment of the Royal Society for the Protection of Birds, whose staff helped to track down his hoard.”
The Guardian, 7th May 2010
Source: www.guardian.co.uk
BAILII: recent Decisions
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)
Source: www.bailii.org
Regina (Clue) v Birmingham City Council and Others – Times Law Reports
Regina (Clue) v Birmingham City Council and Others
Court of Appeal
“A local authority was not entitled to decide how the Secretary of State for the Home Department might dispose of an application for leave to remain in the United Kingdom.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
Al Rawi and Others v Security Service and Others – Times Law Reports
Al Rawi and Others v Security Service and Others
Court of Appeal
“The principle that a litigant should be able to see and hear all the evidence, seen and heard by a court determining his case, was so fundamental and so embedded in the common law, that, in the absence of parliamentary authority, it should not be overridden by a judge in an ordinary civil claim.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party – Times Law Reports
Court of Justice of the European Union
“European Union law did not prevent national health authorities from introducing financial incentive schemes aimed at replacing the prescription of certain medicines by other and cheaper named medicines in the same therapeutic class, provided certain conditions were satisfied.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
NML Capital Ltd v Republic of Argentina – Times Law Reports
NML Capital Ltd v Republic of Argentina
Court of Appeal
“An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce it.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily
“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”
WLR daily, 6th May 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.
Farstad Supply AS v Enviroco Ltd – WLR Daily
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113
“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”
WLR Daily, 6th May 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.
Regina v Y (A) – WLR Daily
Regina v Y (A) [2010] EWCA Crim 762; [2010] WLR (D) 112
“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”
WLR Daily, 6th May 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.
Al Rawi and others v Security Service and others – WLR daily
Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111
“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”
WLR Daily, 5th May 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.
Man jailed for killing fundraiser in Cwmbran – BBC news
“A steelworker has been jailed for three years after killing a financial adviser who was out fundraising with his friends for a local football team.”
BBC News,6th May 2010
Source: www.bbc.co.uk
Holyhead sex abuse traffic warden jailed – BBC News
“A traffic warden and ex-rugby referee has been jailed for two-and-a-half years for sexually abusing two girls.”
BBC News, 6th May 2010
Source: www.bbc.co.uk
Northampton man banned from wearing skirt breached Asbo – BBC News
“A man banned from wearing skirts or showing bare legs on school days has been found guilty of breaching an Asbo.”
BBC News, 6th May 2010
Source: www.bbc.co.uk
Goodwin’s key ally faces ban as FSA closes in – The Times
“A key lieutenant of Sir Fred Goodwin at Royal Bank of Scotland is facing a formal City ban in the wake of a long-running investigation into his conduct. The Financial Services Authority is understood to be close to publishing an enforcement ruling on Johnny Cameron, who ran RBS’s investment banking division in the run-up to its collapse in 2008.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
Family of man whose fatal disease was missed by doctors to sue NHS – Daily Telegraph
“The family of a man who died in agony after doctors repeatedly mistook a fatal bowel infection for a groin strain are to sue the NHS.”
Daily Telegraph, 7th May 2010
Source: www.telegraph.co.uk
Maclaren payout to children injured by pushchairs – The Times
“The pushchair manufacturer Maclaren has agreed to pay compensation to more than 40 British children who suffered injuries in their buggies.”
The Times, 6th May 2010
Source: www.timesonline.co.uk
