BAILII: Recent Decisions
High Court (Queen’s Bench Division)
British Airways Plc v Unite the Union [2010] EWHC 1210 (QB) (17 May 2010)
High Court (Family Division)
B v B [2010] EWHC 193 (Fam) (15 January 2010)
Source: www.bailii.org
Day: 3 June 2010
Police officer jailed for ‘cavalier’ attitude to law – The Independent
“A police officer who showed a ‘cavalier disregard for the law’ when he repeatedly lied about a motoring offence was jailed today.”
The Independent, 3rd June 2010
Source: www.independent.co.uk
Recent Statutory Instruments – OPSI
Podcast: Chris Kenny, Chief Executive of the Legal Services Board – Charon QC
“Today (2 June) I talk to Chris Kenny, CEO of the Legal Services Board. Chris Kenny discusses the role and the function of the Legal Services Board and whether there is a need for it. He talks about the opportunities and threats to lawyers and legal services over the next five years. He looks at the impact on the Rule of Law given the proposed cuts to civil and criminal legal aid. He discusses the globalisation of legal services and international regulatory standards. Lastly, a bit of futurology, Chris discusses the likely legal landscape in the next five years.”
Charon QC, 2nd June 2010
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
Brazzill and others v Willoughby and others – WLR Daily
Brazzill and others v Willoughby and others [2010] EWCA Civ 561; [2010] WLR (D) 140
“A segregated trust account was held on trust for all account holders of a bank in respect of whose deposits should have been made into the account in accordance with a notice served by the Financial Services Authority (‘FSA’) and was not limited to those account holders in respect of whose accounts payments were in fact made into the account. ‘Deposits’ had its regulatory meaning which meant it was limited to regulated depositors only.”
WLR Daily, 28th 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.
In re A (Children) (Abduction: Interim Powers) – WLR Daily
In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586; [2010] WLR (D) 139
“S 5 of the Child Abduction and Custody Act 1985 permitted a court to give directions to a local authority to provide accommodation for the abductor and abducted children.”
WLR Daily, 28th 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.
Kennedy v United Kingdom – Times Law Reports
Kennedy v United Kingdom (Application No 26839/05)
European Court of Human Rights
“Sufficient safeguards existed in the United Kingdom’s interception of communications regime to ensure that individuals’ rights were not breached.”
The Times, 3rd June 2010
Source: www.timesonline.co.uk
Regina v Penner – Times Law Reports
Court of Appeal (Criminal Division)
“Defence counsel must avoid ambushing the prosecution with a new issue.”
The Times, 3rd June 2010
Source: www.timesonline.co.uk
Boris Johnson brings legal action to remove Parliament Square peace protesters – The Guardian
“Boris Johnson, the mayor of London, is today bringing legal action to remove peace protesters camping in Parliament Square.”
The Guardian, 3rd June 2010
Source: www.guardian.co.uk
MoJ admits drafting error in fee-capping regulations – Law Society’s Gazette
“Acquitted defendants can claim the full cost of private legal fees, after the Ministry of Justice admitted there is a drafting error in the regulations intended to implement its controversial policy to cap awards.”
Full story
Law Society’s Gazette, 3rd June 2010
Source: www.lawgazette.co.uk
Is ‘Tesco law’ heading for the long grass? – The Times
“It was years in the making and the centrepiece of Labour’s radical shake-up of legal services but the highly touted ‘Tesco law’ phenomenon could be heading for the long grass, kicked there by less enthusiastic ministers in the new coalition Government.”
The Times, 3rd June 2010
Source: www.timesonline.co.uk
‘Hospital hopper’ given criminal asbo – The Guardian
“A 41-year-old man has cost the NHS tens of thousands of pounds in hospital treatment for a range of fake illnesses over a three-year period.”
The Guardian, 2nd June 2010
Source: www.guardian.co.uk
Guardian says dating site rivals violated database rights – OUT-LAW.com
“The Guardian newspaper has sued two online dating sites in the High Court claiming that the companies have violated its database rights by using profiles taken from its own dating service.”
OUT-LAW.com, 2nd June 2010
Source: www.out-law.com
Lord Lester’s bill a ‘catalyst’ for libel reform – Law Society’s Gazette
“Liberal Democrat peer and barrister Lord Lester of Herne Hill QC has introduced a private member’s bill to reform the country’s ‘archaic’ libel laws.”
Law Society’s Gazette, 3rd June 2010
Source: www.lawgazette.co.uk
UK’s gun laws are among the toughest in the world – The Independent
“Britain is one of the most regulated countries in the world when it comes to owning guns.”
The Independent, 3rd June 2010
Source: www.independent.co.uk
Lord Saville’s Bloody Sunday report is a failure of the judicial process – The Guardian
“The Bloody Sunday report, to be published by the Northern Ireland secretary on 15 June, will no doubt be welcomed by the families of those killed when British troops opened fire in Derry more than 38 years ago. But it will not be welcomed by the legal establishment, which regards Lord Saville’s inquiry into the events of 30 January 1972 as an embarrassing failure of the judicial process and the waste of a promising career.”
The Guardian, 3rd June 2010
Source: www.guardian.co.uk
Revenue and Customs to challenge football creditors rule in high court – The Times
“The controversial ‘football creditors’ rule, which permits millionaire players to take huge sums out of insolvent clubs while smaller creditors such as St John Ambulance and local businesses are denied most of their dues, is being challenged in the high court.”
The Guardian, 3rd June 2010
Source: www.guardian.co.uk
Sentencing Council: judges told that justice is safe from ‘tramline’ sentencing – The Times
“It must be the toughest judicial brief going: tasked with overseeing sentencing in England and Wales, when prisons are full to bursting and there is no money to build any more. But Lord Justice Leveson is firm about one thing: ‘I have not considered this as a brief to produce guidelines that are going to reduce the prison population.'”
The Times, 3rd June 2010
Source: www.timesonline.co.uk
IPCC to publish report on Rachel Nickell’s death – BBC News
“The police watchdog is publishing a report into claims officers failed to detain a rapist who went on to kill Rachel Nickell.”
BBC News, 3rd May 2010
Source: www.bbc.co.uk
Plan to protect anonymity of rape accused watered down – The Independent
“A surprise plan to grant anonymity to rape defendants will be significantly redrawn by the coalition Government after intense criticism of the proposals.”
The Independent, 3rd June 2010
Source: www.independent.co.uk
