BAILII: Recent Decisions

Posted July 29th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Seldon v Clarkson Wright & Jakes (A Partnership) [2010] EWCA Civ 899 (28 July 2010)

High Court (Queen’s Bench Division)

Kang v Eau [2010] EWHC 1837 (QB) (27 July 2010)

Sternlight v Barclays Bank Plc [2010] EWHC 1865 (QB) (22 July 2010)

Black Horse Ltd v Speak & Anor [2010] EWHC 1866 (QB) (21 July 2010)

High Court (Family Division)

Butt v Butt [2010] EWHC 1989 (Fam) (27 July 2010)

Source: www.bailii.org

Kent lawyer loses retirement age discrimination case – BBC News

Posted July 29th, 2010 in age discrimination, news, retirement, solicitors by sally

“A Kent lawyer who sued his own firm of solicitors when he was made to stop work at 65 has lost his discrimination case at the Court of Appeal.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Bocardo SA v Star Energy UK Onshore Ltd and another – WLR Daily

Posted July 29th, 2010 in compensation, damages, law reports, oil wells, Supreme Court, trespass by sally

Bocardo SA v Star Energy UK Onshore Ltd and another [2010] UKSC 35; [2010] WLR (D) 204

“Damages for trespass occasioned by an oil company drilling underneath another party’s land were to be assessed on the basis that the right to drill for oil was a compulsory acquisition under statute and, therefore, any additional value of the right of access attributable to the oil extraction scheme was to be disregarded.”

WLR Daily, 28th July 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.

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Posted July 29th, 2010 in asylum, employment, law reports, Supreme Court by sally

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th July 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.

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Posted July 29th, 2010 in electricity, law reports, negligence, Supreme Court, vicarious liability by sally

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 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 Gnango – WLR Daily

Posted July 29th, 2010 in affray, appeals, joint enterprise, law reports, murder by sally

Regina v Gnango [2010] EWCA Crim 1691; [2010] WLR (D) 201

“Where a defendant voluntarily engaged in an exchange of gunfire with ‘B’ in a public place amounting to an affray, and in the course of that gunfire B shot and killed a passer-by and the defendant foresaw that in the course of that gunfire B might shoot with intent to kill or do really serious injury, if each party sought to shoot the other but not be shot himself, there was no common purpose and therefore no joint enterprise in the commission of the affray, and accordingly the defendant could not be guilty of the murder of the passer-by by transferred malice on the basis of joint enterprise.”

WLR Daily, 28th July 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.

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th July 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.

Terror suspects could win damages after control orders ruling – The Guardian

Posted July 29th, 2010 in control orders, damages, human rights, news, terrorism by sally

“A court of appeal ruling today cleared the way for two international terrorism suspects to claim damages for having control orders wrongly imposed on them for three and a half years.”

Full story

The Guardian, 28th July 2010

Source: www.guardian.co.uk

Lord chief justice defends trial by jury – Law Society’s Gazette

Posted July 29th, 2010 in juries, news, trial without jury, trials by sally

“The lord chief justice emphasised the importance of trial by jury last week as the Court of Appeal overturned two High Court decisions that trials could proceed without a jury.”

Full story

Law Society’s Gazette, 29th July 2010

Source: www.lawgazette.co.uk

Theresa May to scrap asbos – The Guardian

Posted July 29th, 2010 in ASBOs, crime prevention, news, young offenders by sally

“Senior Labour figures mounted a last-ditch defence of antisocial behaviour orders tonight after the home secretary, Theresa May, indicated she is to kill off Tony Blair’s flagship measure to deal with youth crime.”

Full story

The Guardian, 28th July 2010

Source: www.guardian.co.uk