BAILII: Recent Decisions

Posted December 3rd, 2010 in law reports by sally

High Court (Chancery Division)

Green v Bramston & Ors [2010] EWHC 3106 (Ch) (02 December 2010)

High Court (Administrative Court)

Razai & Ors v Secretary of State for the Home Department [2010] EWHC 3151 (Admin) (02 December 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 3rd, 2010 in legislation by sally

The Income Tax (Indexation) Order 2010

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010

The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) (Amendment) Regulations 2010

The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

The Hydrocarbon Oil Duties (Marine Voyages Reliefs) (Amendment) Regulations 2010

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) (No.2) Regulations 2010

The Education (School Attendance Targets) (England) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

Incoming Bar Chairman: Diversification Good For the Bar and For Its Clients – The Bar Council

Posted December 3rd, 2010 in advocacy, barristers, legal aid, news by sally

“Peter Lodder QC, incoming Chairman of the Bar Council, which represents barristers in England and Wales, will call for publicly funded barristers to diversify their practices, when he delivers his inaugural address to the Bar Council this evening. Lodder, takes over as Chairman of the Bar from Nicholas Green QC on 1 January 2011.”

Full story

The Bar Council, 2nd December 2010

Source: www.barcouncil.org.uk

Salazar-Duarte v Government of the United States of America – WLR Daily

Posted December 3rd, 2010 in appeals, extradition, jurisdiction, law reports, service, time limits by sally

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd December 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.

Fulham Football Club (1987) Ltd v Sir David Richards and another – WLR Daily

Posted December 3rd, 2010 in arbitration, company law, law reports, sport, unfairly prejudicial conduct by sally

Fulham Football Club (1987) Ltd v Sir David Richards and another [2010] EWHC 3111 (Ch); [2010] WLR (D) 312

“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”

WLR Daily, 2nd December 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 Chaytor and others – WLR Daily

Regina v Chaytor and others [2010] UKSC 52; [2010] WLR (D) 311

“Parliamentary privilege did not pose any bar to the prosecution of defendants charged with false accounting who, while serving Members of Parliament, made claims for expenses and allowances to the Fees Office of the House of Commons.”

WLR Daily, 2nd December 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.

Joseph v Spiller – WLR Daily

Posted December 3rd, 2010 in defamation, defences, law reports by sally

Joseph v Spiller [2010] UKSC 53; [2010] WLR (D) 310

“The defence in defamation proceedings of fair comment – to be renamed ‘honest comment’ – did not require that the comment had to identify the matters on which it was based with sufficient particularity to enable readers to judge for themselves whether it was well founded. The comment did, however, have to identify at least in general terms what it was that had led the commentator to make the comment”

WLR Daily, 2nd December 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 Major – WLR Daily

Posted December 3rd, 2010 in harassment, law reports, restraining orders by sally

Regina v Major [2010] WLR (D) 309

“The Registrar of Criminal Appeals had power to grant a representation order in respect of an application or appeal against a restraining order imposed on acquittal of an offence, pursuant to the provisions of s 5A of the Protection from Harassment Act 1997.”

WLR Daily, 2nd December 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.

R (Moore) v Skipton Fund Ltd – WLR Daily

Posted December 3rd, 2010 in blood products, compensation, judicial review, law reports, time limits by sally

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 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.

HR Trustees Ltd v German and another; In re IMG Pension Plan – WLR Daily

Posted December 3rd, 2010 in compromise, law reports, pensions by sally

HR Trustees Ltd v German and another; In re IMG Pension Plan [2010] EWCA Civ 1349; [2010] WLR (D) 307

“Section 91 of the Pensions Act 1995 as amended prevented neither the parties from making nor the court from approving or enforcing a bona fide compromise of any disputed or doubted right and entitlement of members of the scheme under an occupational pension scheme.”

WLR Daily, 2nd December 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.

Abuser who videoed attacks on toddler jailed for murder – The Guardian

Posted December 3rd, 2010 in child abuse, murder, news, sentencing by sally

“A man who filmed himself attacking a 15-month-old repeatedly over six months has been jailed for 24 years for the boy’s murder.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

‘Mixed practice’ warning for publicly funded barristers – Law Society’s Gazette

Posted December 3rd, 2010 in advocacy, barristers, legal aid, news by sally

“Incoming Bar Council chairman Peter Lodder QC today warned publicly funded barristers to diversify or face a bleak future.”

Full story

Law Society’s Gazette, 2nd December 2010

Source: www.lawgazette.co.uk

Man guilty of arranging estranged wife’s machete murder – The Guardian

Posted December 3rd, 2010 in domestic violence, murder, news, soliciting to murder by sally

“A man was today found guilty of ordering the murder of his estranged wife, who was hacked to death with a machete in a suburban street as she walked to collect the couple’s children.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

The law on mercy killing is badly in need of an overhaul – Daily Telegraph

Posted December 3rd, 2010 in assisted suicide, attempted murder, attempts, euthanasia, murder, news, sentencing by sally

“The mandatory life sentence for murder is unknown in other countries and distorts the law.”

Full story

Daily Telegraph, 2nd December 2010

Source: www.telegraph.co.uk

Deaths in police custody since 1998: 333; officers convicted: none – The Guardian

Posted December 3rd, 2010 in complaints, death in custody, news, police, prosecutions by sally

“A total of 333 people have died in or following police custody over the past 11 years, but no officer has ever been successfully prosecuted, according to a watchdog’s report.”

Full story

The Guardian,

Source: www.guardian.co.uk