Month: May 2010

Regina v Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

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

Posted May 7th, 2010 in appeals, closed material, disclosure, evidence, intelligence services, law reports, private hearings by sally

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

Posted May 7th, 2010 in alcohol abuse, assault, murder, news, sentencing by sally

“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.”

Full story

BBC News,6th May 2010

Source: www.bbc.co.uk

Holyhead sex abuse traffic warden jailed – BBC News

Posted May 7th, 2010 in children, news, sentencing, sexual offences by sally

“A traffic warden and ex-rugby referee has been jailed for two-and-a-half years for sexually abusing two girls.”

Full story

BBC News, 6th May 2010

Source: www.bbc.co.uk

Northampton man banned from wearing skirt breached Asbo – BBC News

Posted May 7th, 2010 in ASBOs, harassment, news, suspended sentences by sally

“A man banned from wearing skirts or showing bare legs on school days has been found guilty of breaching an Asbo.”

Full story

BBC News, 6th May 2010

Source: www.bbc.co.uk

Goodwin’s key ally faces ban as FSA closes in – The Times

Posted May 7th, 2010 in news by sally

“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.”

Full story

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

Posted May 7th, 2010 in hospitals, negligence, news by sally

“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.”

Full story

Daily Telegraph, 7th May 2010

Source: www.telegraph.co.uk

Maclaren payout to children injured by pushchairs – The Times

Posted May 7th, 2010 in news by sally

“The pushchair manufacturer Maclaren has agreed to pay compensation to more than 40 British children who suffered injuries in their buggies.”

Full story

The Times, 6th May 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v Neish [2010] EWCA Crim 1011 (06 May 2010)

High Court (Chancery Division)

GE Money Home Lending Ltd & Anor v HC Wolton & Sons Ltd (t/a Wolton Chartered Surveyors) [2010] EWHC 1011 (Ch) (06 May 2010)

Trademark Licensing Company Ltd & Anor v Leofelis SA [2010] EWHC 969 (Ch) (06 May 2010)

High Court (Administrative Court)

Malik Law Chambers (Solicitors), R (on the application of) v Legal Complaints Service (The Law Society) [2010] EWHC 981 (Admin) (06 May 2010)

High Court (Family Division)

N v N [2010] EWHC 717 (Fam) (28 April 2010)

High Court (Technology and Construction Court)

Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965 (TCC) (06 May 2010)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd v Comptroller-General of Patents [2010] EWHC 976 (Pat) (06 May 2010)

Source: www.bailii.org

Copyright exceptions must be expanded and clarified, says new group – OUT-LAW.com

Posted May 6th, 2010 in copyright, news by sally

“Librarians, digital activists, ISPs, music managers and other associations and trade bodies have called for the relaxing of copyright law in the EU to allow more people to access and re-use copyrighted material.”

Full story

OUT-LAW.com, 6th May 2010

Source: www.out-law.com

Law Society seeks to block privilege for non-lawyers – Law Society’s Gazette

Posted May 6th, 2010 in Law Society, news, privilege by sally

“The Law Society has been granted permission to intervene in a Court of Appeal case that could see legal professional privilege (LPP) extended to non-lawyers.”

Full story

Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk

Father killed newborn daughter first time they were left alone – The Guardian

Posted May 6th, 2010 in children, homicide, news by sally

“A man who killed his newborn daughter the first time he was left alone with her has been jailed for five years.”

Full story

The Guardian, 6th May 2010

Source: www.guardian.co.uk

Barristers could have right to sue solicitors for unpaid fees – Law Society’s Gazette

Posted May 6th, 2010 in barristers, contracts, fees, Law Society, legal profession, news, solicitors by sally

“Barristers would be able to sue solicitors for unpaid fees under proposals published by the Bar Council last week to put the relationship between the two professions on a more commercial footing.”

Full story

Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted May 6th, 2010 in law reports by sally

Supreme Court

Inveresk plc v Papermakers Ltd [2010] UKSC 19 (05 May 2010)

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18 (05 May 2010)

Court of Appeal (Criminal Division)

White & Ors v The Crown [2010] EWCA Crim 978 (05 May 2010)

Cooper, R v [2010] EWCA Crim 979 (05 May 2010)

Court of Appeal (Civil Division)

Brookes v Secretary of State for Work and Pensions & Anor [2010] EWCA Civ 420 (29 April 2010)

Durham Tees Valley Airport Ltd v Bmibaby Ltd & Anor [2010] EWCA Civ 485 (05 May 2010)

Carlisle & Cumbria United Independent Supporters’ Society Ltd v C.U.F.C. Holdings Ltd & Ors [2010] EWCA Civ 463 (05 May 2010)

Parabola Investments Ltd & Ors v Browallia Cal Ltd & Ors [2010] EWCA Civ 486 (05 May 2010)

High Court (Chancery Division)

White & Ors v Williams & Ors [2010] EWHC 940 (Ch) (05 April 2010)

Azam & Co v Legal Services Commission [2010] EWHC 960 (Ch) (05 May 2010)

HM Revenue and Customs v The Atrium Club Ltd [2010] EWHC 970 (Ch) (05 May 2010)

Source: www.bailii.org

Judges halt latest moves towards secrecy in the courts – The Times

Posted May 6th, 2010 in news by sally

“This week judges struck a blow for openness. They rejected attempts by government and security service lawyers to hold a secret trial to defend a claim for damages being mounted by former Guantánamo detainees. They ruled that such a move would undermine the right of a party to know the case against him, one of the ‘most fundamental principles of the common law’.”

Full story

The Times, 5th May 2010

Source: www.timesonline.co.uk

More Crown Court trials without jury may go ahead – BBC News

Posted May 6th, 2010 in Crown Court, news, trial without jury by sally

“Two more crown court trials without a jury may be held, just over a month after the first juryless trial for centuries, the BBC has learned.”

Full story

BBC News, 5th May 2010

Source: www.bbc.co.uk

Family courts: ‘the changes were a misguided, politically motivated fudge’ – The Times

Posted May 6th, 2010 in news by sally

“It was championed as a great victory — opening up the closed, secretive world of the family courts. A year ago, thousands of hearings held behind closed doors on removing children into care or on contact with parents were opened to the media after a sustained campaign by fathers’ groups, politicians and the media, led by The Times.”

Full story

The Times, 6th May 2010

Source: www.timesonline.co.uk

Sixteen-hour control order curfews breach human rights, supreme court told – The Guardian

Posted May 6th, 2010 in control orders, freedom of movement, human rights, news, Supreme Court by sally

“Control orders involving a curfew lasting 16 hours a day violate fundamental rights, the supreme court was told today as it heard a case attempting to change the use of the controversial measures.”

Full story

The Guardian, 5th May 2010

Source: www.guardian.co.uk

Kuwait invasion airline battle back in court – The Independent

Posted May 5th, 2010 in airlines, compensation, news by sally

“An airline battle sparked by Saddam Hussein’s invasion of Kuwait in 1990 returned to the High Court in London today – six years after the emirate won a judgment against Iraqi Airways which now stands at 1.2 billion dollars.”

Full story

The Independent, 5th May 2010

Source: www.independent.co.uk

Edlington brothers are refused appeal against sentences – The Guardian

Posted May 5th, 2010 in appeals, news, sentencing by sally

“Two young brothers who beat, tortured and abused a pair of younger children on waste ground near Edlington, South Yorkshire, have been refused permission to appeal against their indeterminate sentences.”

Full story

The Guardian, 5th May 2010

Source: www.guardian.co.uk