BAILII: Recent Decisions

Posted July 21st, 2010 in law reports by sally

Court of Appeal (Civil Division)

Area Estates Ltd. v Weir [2010] EWCA Civ 801 (20 July 2010)

Hutchings v Parker [2010] EWCA Civ 775 (20 July 2010)

High Court (Commercial Court)

GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm) (20 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 21st, 2010 in legislation by sally

The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010

The Social Security (Housing Costs) (Standard Interest Rate) Amendment Regulations 2010

The Transfer of State Pensions and Benefits (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Civil and Criminal Justice: Repeals Consultation – Law Commission

Posted July 21st, 2010 in consultations, Law Commission, legislation, news by sally

“In our consultation paper we propose the repeal of some 13 statutory provisions which are either obsolete or are no longer of practical utility. They relate to aspects of civil and criminal justice, although the grouping under this topic heading is fairly loose. The statutes reviewed (and on which we recommend repeal, either in whole or in part) span some 700 years of law-making, from 1267 through to 1988.”

Full story

Law Commission, 20th July 2010

Source: www.lawcom.gov.uk

MP urges fines for credit card firms over child porn – BBC News

Posted July 21st, 2010 in fines, indecent photographs of children, internet, news, parliament by sally

“Credit and debit card companies should face fines if their products are used to buy child pornography on the internet, an MP says.”

Full story

BBC News, 21st July 2010

Source: www.bbc.co.uk

Butler-Sloss calls for focus on children – Law Society’s Gazette

Posted July 21st, 2010 in children, lectures, news by sally

“A former president of the Family Division has called on the government to cut the number of children in custody and safeguard access to justice in child welfare cases.”

Full story

Law Society’s Gazette, 20th July 2010

Source: www.lawgazette.co.uk

ITN faces court challenge over pensions – The Guardian

Posted July 21st, 2010 in industrial action, media, news, pensions, retirement by sally

“ITN is facing a high court legal challenge over plans to dramatically reduce pension payments made to the families of former employees.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Paddy Power’s blind footballers ruled onside by ASA – The Guardian

Posted July 21st, 2010 in advertising, animal cruelty, complaints, disabled persons, news by sally

“With a team of blind footballers who kick a cat into a tree, it seemed to have something to offend everybody. But one of the most complained-about adverts of all time was cleared today by the advertising watchdog.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Bribery Act implementation – Ministry of Justice

Posted July 21st, 2010 in bribery, legislation, Ministry of Justice, news by sally

“The UK will reinforce its reputation as one of the least corrupt countries in the world, when the Bribery Act comes into force in April 2011.”

Full story

Ministry of Justice, 20th July 2010

Source: www.justice.gov.uk

McKinnon ‘could serve time in British jail’ – The Independent

Posted July 21st, 2010 in computer crime, detention, extradition, news, sentencing by sally

“David Cameron raised the prospect today that computer hacker Gary McKinnon could serve some of any US-imposed sentence in a British jail after raising the issue with US president Barack Obama at the White House.”

Full story

The Independent, 21st July 2010

Source: www.independent.co.uk

‘Tome raider’ jailed again for stealing antique books – The Guardian

Posted July 21st, 2010 in news, sentencing, theft by sally

“A Cambridge graduate referred to as the ‘tome raider’ who stole antique books worth £40,000 from a world-famous library was jailed for three-and-a-half years today.”

Full story

The Guardian, 20th July 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 20th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Gaviria v R [2010] EWCA Crim 1693 (19 July 2010)

High Court (Chancery Division)

Sethi v Patel & Anor [2010] EWHC 1830 (Ch) (19 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 20th, 2010 in legislation by sally

The International Tax Enforcement (Liechtenstein) Order 2010

The International Tax Enforcement (Gibraltar) Order 2010

The International Tax Enforcement (Bahamas) Order 2010

The International Tax Enforcement (Anguilla) Order 2010

The Double Taxation Relief and International Tax Enforcement (Oman) Order 2010

The Double Taxation Relief and International Tax Enforcement (Mexico) Order 2010

The Double Taxation Relief and International Tax Enforcement (Singapore) Order 2010

The Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2010

The Double Taxation Relief and International Tax Enforcement (Austria) Order 2010

The International Tax Enforcement (Turks and Caicos Islands) Order 2010

The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Over the Counter) Regulations 2010

Source: www.opsi.gov.uk

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily

Posted July 20th, 2010 in DNA, fingerprints, human rights, law reports, police, precedent by sally

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193

“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”

WLR Daily, 19th July 2010

Source: www.lawreports.co.uk

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

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted July 20th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192

“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”

WLR Daily, 19th 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.

Report shows imbalance in ethnic minority SDT referrals – Law Society’s Gazette

Posted July 20th, 2010 in disciplinary procedures, news, race discrimination, reports, solicitors by sally

“Black and minority ethnic (BME) solicitors are more likely to have their case referred to the Solicitors Disciplinary Tribunal, a report into ‘issues of disproportionality’ in the regulation of solicitors commissioned by the Solicitors Regulation Authority revealed today.”

Full story

Law Society’s Gazette, 19th July 2010

Source: www.lawgazette.co.uk

Hundreds face fines for killing squirrels – Daily Telegraph

Posted July 20th, 2010 in animal cruelty, fines, news by sally

“Hundreds of people face prosecution for killing pests in their back garden after a landmark legal ruling that saw a man fined more than £1,500 for killing a squirrel.”

Full story

Daily Telegraph, 19th July 2010

Source: www.telegraph.co.uk

Devon paedophile spared jail due to ‘treatment delay’ – BBC News

Posted July 20th, 2010 in news, rehabilitation, sentencing, sexual offences, suspended sentences by sally

“A paedophile has been spared prison because a judge said authorities would not be able to put him on a treatment programme during his sentence.”

Full story

BBC News, 20th July 2010

Source: www.bbc.co.uk

Bar chairman backs calls to reconsider drug laws – The Independent

Posted July 20th, 2010 in barristers, drug offences, news by sally

“One of Britain’s most senior lawyers has delivered a dramatic boost to the campaign to change the law on drugs.”

Full story

The Independent, 20th July 2010

Source: www.independent.co.uk

Inside the Parole Board: how freedom is granted or denied for prisoners – The Guardian

Posted July 20th, 2010 in early release, news, parole, prisons, release on licence by sally

“Unprecedented access opens door to the often publicly criticised, but little understood, workings of the Parole Board.”

Full story

The Guardian, 19th July 2010

Source: www.guardian.co.uk

Torture inquiry chairman is ‘compromised’ – BBC News

Posted July 20th, 2010 in inquiries, intelligence services, judges, news, torture by sally

“The judge leading the inquiry into claims UK security services colluded in the torture of terror suspects abroad must be removed, a charity has said.”

Full story

BBC News, 20th July 2010

Source: www.bbc.co.uk