BAILII: Recent Decisions

Posted June 17th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Callum v R [2010] EWCA Crim 1325 (16 June 2010)

High Court (Queen’s Bench Division)

Thornton v Telegraph Media Group Ltd [2010] EWHC 1414 (QB) (16 June 2010)

Kotula v EDF Energy Networks (EPN) Plc & Ors [2010] EWHC B11 (QB) (15 June 2010)

J Varney & Sons Waste Management Ltd v Hertfordshire County Council [2010] EWHC 1404 (QB) (16 June 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 17th, 2010 in legislation by sally

The European Communities (Designation) (No. 2) Order 2010

The Secretary of State for Culture, Olympics, Media and Sport Order 2010

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2010

Source: www.opsi.gov.uk

BSB chair: ‘merge solicitors’ and barristers’ training courses’ – Law Society’s Gazette

Posted June 17th, 2010 in barristers, legal education, legal profession, news, solicitors by sally

“The chair of the bar’s regulator has called for a radical overhaul of legal professional education by merging the solicitors’ and barristers’ courses, to give young people longer to decide which branch of the profession they want to join.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

Regina (Law Society) v Lord Chancellor – WLR Daily

Posted June 17th, 2010 in costs, law reports, legal aid by sally

Regina (Law Society) v Lord Chancellor [2010] EWHC 1406; [2010] WLR (D) 151

“When exercising the discretionary power to make provision for scales or rates of payments of any costs payable out of central funds to successful defendants in criminal trials pursuant to ss 16(6) and 20 of the Prosecution of Offences Act 1985, as amended, the Lord Chancellor had to base the rules on the principle of compensation taking into account prevailing market rates.”

WLR Daily, 16th June 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.

MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2010 in appeals, asylum, immigration, law reports, Supreme Court by sally

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25; [2010] WLR (D) 150

“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

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

Secretary of State for the Home Department v AP – WLR Daily

Posted June 17th, 2010 in control orders, human rights, law reports, Supreme Court by sally

Secretary of State for the Home Department v AP [2010] UKSC 24; [2010] WLR (D) 149

“Conditions in a control order which were proportionate restrictions upon the right to private and family life could nevertheless be decisive in determining that the overall effect of the order amounted to a deprivation of liberty.”

WLR Daily, 16th June 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.

Fresh legal aid cuts not ruled out by MoJ – Law Society’s Gazette

Posted June 17th, 2010 in legal aid, Ministry of Justice, news by sally

“The new legal aid minister refused to rule out more legal aid cuts in his first press interview last week.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

Baby P: Government lawyer apologises for handling of Sharon Shoesmith court case – Daily Telegraph

Posted June 17th, 2010 in government departments, news, reports, solicitors by sally

“The head of the Government’s legal team has apologised for failings in the preparation of a high-profile court case involving Sharon Shoesmith, the council chief blamed for the Baby P scandal.”

Full story

Daily Telegraph, 17th June 2010

Source: www.telegraph.co.uk

Homosexual men with convictions for consensual gay sex to have record of crime wiped – Daily Telegraph

Posted June 17th, 2010 in criminal records, homosexuality, news by sally

“Men with convictions for homosexual sex with someone over the age of 16 will have any record of the crime expunged, Theresa May has said.”

Full story

Daily Telegraph, 16th June 2010

Source: www.telegraph.co.uk

Terror suspect challenges control orders in BBC film – The Guardian

Posted June 17th, 2010 in bail, BBC, control orders, human rights, news by sally

“The BBC, a terror suspect and two independent film-makers challenged the control order system last night in a broadcast that broke the suspect’s bail conditions.”

Full story

The Guardian, 17th June 2010

Source: www.guardian.co.uk

Increased legal rights for grandparents under new family reforms – Daily Telegraph

Posted June 17th, 2010 in children, grandparents, news by sally

“Grandparents are to have increased legal rights to see children when couples split under proposals to be announced by Nick Clegg on Thursday.”

Full story

Daily Telegraph, 17th June 2010

Source: www.telegraph.co.uk

Bloody Sunday inquiry: too much, too late – The Guardian

Posted June 17th, 2010 in inquiries, news, Northern Ireland, witnesses by sally

“Lord Saville could have completed his inquiry into Bloody Sunday more quickly and cheaply if he had stuck to his remit.”

Full story

The Guardian, 17th June 2010

Source: www.guardian.co.uk

Bloody Sunday: Prosecutors say soldiers may face perjury charges – The Guardian

Posted June 17th, 2010 in armed forces, inquiries, news, Northern Ireland, perjury by sally

“State prosecutors in Northern Ireland and England confirmed tonight that they were considering prosecuting British soldiers for perjury in the light of the Saville inquiry’s conclusion that they lied about their role on Bloody Sunday.”

Full story

The Guardian, 16th June 2010

Source: www.guardian.co.uk

Shannon Matthews serious case review clears social workers – The Guardian

Posted June 16th, 2010 in child abduction, news, reports, social services by sally

“Social workers could not have foreseen the abduction of Shannon Matthews by her mother, a serious case review has concluded.”

Full story

The Guardian, 16th June 2010

Source: www.guardian.co.uk

Tugendhat J redefines meaning of defamation – The Lawyer

Posted June 16th, 2010 in defamation, judgments, news by sally

“Mr Justice Tugendhat today raised the bar for defamation claims in a High Court ruling that found the definition of defamation must include a qualification or threshold of seriousness.”

Full story

The Lawyer, 16th June 2010

Source: www.thelawyer.com

BAILII: Recent Decisions

Posted June 16th, 2010 in law reports by sally

Supreme Court

Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25 (16 June 2010)

Court of Appeal (Criminal Division)

New Look Retailers Ltd v London Fire & Emergency Planning Authority [2010] EWCA Crim 1268 (16 June 2010)

Court of Appeal (Civil Division)

Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 (16 June 2010)

Huscroft v P & O Ferries Ltd [2010] EWCA Civ 628 (16 June 2010)

Secretary of State for the Home Department v ST (Eritrea) [2010] EWCA Civ 643 (09 June 2010)

High Court (Queen’s Bench Division)

AGC Chemicals Europe Ltd v Stop Huntington Animal Cruelty (SHAC) [2010] EWHC B10 (QB) (10 June 2010)

High Court (Chancery Division)

Re Liberty International Plc [2010] EWHC 1060 (Ch) (16 June 2010)

Dhillon & Anor v Siddiqui & Ors [2010] EWHC 1400 (Ch) (16 June 2010)

Source: www.bailii.org

Terror suspect wins control order appeal – BBC News

Posted June 16th, 2010 in control orders, human rights, news, Supreme Court by sally

“A terror suspect subject to a control order has won his appeal on the grounds that it breached his human rights.”

Full story

BBC News, 16th June 2010

Source: www.bbc.co.uk

Report calls for tougher drink driving laws – The Guardian

Posted June 16th, 2010 in alcohol abuse, dangerous driving, news, reports by sally

“A government-commissioned report has called for Britain’s drink driving laws to be toughened to a level that would mean some people would be over the legal limit after one drink.”

Full story

The Guardian, 16th June 2010

Source: www.guardian.co.uk

Firm in Buncefield court case guilty of safety breaches – BBC News

Posted June 16th, 2010 in hazardous substances, health & safety, negligence, news by sally

“A company has been convicted of health and safety breaches in relation to the Buncefield oil depot explosion in Hertfordshire in December 2005.”

Full story

BBC News, 16th June 2010

Source: www.bbc.co.uk

Why children must be called to the bar – The Guardian

Posted June 16th, 2010 in barristers, children, inns of court, news by sally

“The resistance to plans for a nursery at Middle Temple helps to explain why there are still so few female barristers.”

Full story

The Guardian, 15th June 2010

Source: www.guardian.co.uk