BAILII: Recent Decisions

Posted October 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Xu & Anor, R v [2008] EWCA Crim 2372 (15 October 2008)

Court of Appeal (Civil Division)

Risegold Ltd v Escala Ltd [2008] EWCA Civ 1180 (28 October 2008)

High Court (Queen’s Bench Division)

Bennett v Independent Police Complaints Commission & Anor [2008] EWHC 2550 (QB) (24 October 2008)

High Court (Chancery Division)

RAB Capital Plc & Anor v Lehman Brothers International (Europe) [2008] EWHC 2335 (Ch) (22 September 2008)

High Court (Administrative Court)

Serious Organised Crime Agency v Sajjad & Ors [2008] EWHC 2535 (Admin) (06 October 2008)

Liverpool v Director of Public Prosecutions [2008] EWHC 2540 (Admin) (07 October 2008)

Yoon, R (on the application of) v Asylum & Immigration Tribunal & Anor [2008] EWHC 2536 (Admin) (07 October 2008)

Green, R (on the application of) v South West Strategic Health Authority [2008] EWHC 2576 (Admin) (28 October 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted October 28th, 2008 in legislation by sally

The Visiting Forces and International Headquarters (Application of Law) (Amendment) Order 2008

The Forced Marriage (Civil Protection) Act 2007 (Commencement No.1) Order 2008

The Police and Justice Act 2006 (Commencement No. 10) Order 2008

The Mental Health Act 2007 (Commencement No.9) Order 2008

The Appeals (Excluded Decisions) (Amendment) Order 2008

The South Devon Healthcare NHS Foundation Trust (Transfer of Trust Property) Order 2008

Source: www.opsi.gov.uk

Nurse who put knickers up for sale on eBay faces disciplinary panel – Daily Telegraph

Posted October 28th, 2008 in disciplinary procedures, news, nurses by sally

“A nurse who put her knickers up for sale on the online auction site eBay has appeared before a disciplinary panel.”

Full story

Daily Telegraph, 28th October 2008

Source: www.telegraph.co.uk

Civil servant fined for leaving documents on train – The Independent

Posted October 28th, 2008 in civil servants, data protection, news by sally

“A high-flying civil servant was today fined £2,500 after leaving top-secret documents on a train.”

Full story

The Independent, 28th October 2008

Source: www.independent.co.uk

Seal of approval for Sharia councils? – The Times

Posted October 28th, 2008 in islamic law, news by sally

“Bridget Prentice, the Justice Minister, has put the legitimacy of Sharia rulings in the limelight again with suggestions that mediation on family disputes could go before English judges.”

Full story

The Times, 28th October 2008

Source: www.timesonline.co.uk

Banks set to begin appeal in overdraft charges case – The Times

Posted October 28th, 2008 in banking, news by sally

“High street banks, already reeling from the financial crisis, will today begin the latest round of a legal fight that threatens an overhaul of their retail charges at a cost of billions of pounds.”

Full story

The Times, 28th October 2008

Source: www.timesonline.co.uk

Regina (Haase) v Independent Adjudicator and Another – Times Law Reports

Posted October 28th, 2008 in bias, disciplinary procedures, human rights, law reports, prisons by sally

Regina (Haase) v Independent Adjudicator and Another

Court of Appeal

“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”

The Times, 28th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Symbian Ltd v Comptroller-General of Patents, Designs and Trademarks – Times Law Reports

Posted October 28th, 2008 in computer programs, law reports, patents by sally

Symbian Ltd v Comptroller-General of Patents, Designs and Trademarks

Court of Appeal

“A method of accessing data in a dynamic link library in a computing device was not excluded by reason of being a computer program from registration as a patent as it imvolved a technical contribution which would enable computers to work faster and more reliably.”

The Times, 28th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

IT contractor broke copyright and database laws in data raid on playground firm – OUT-LAW.com

Posted October 28th, 2008 in copyright, database right, news by sally

“An IT contractor who was part of a raid on a company, copied all of its electronic business records and locked staff out of computer systems, infringed copyright and database rights, the High Court has ruled.”

Full story

OUT-LAW.com, 28th October 2008

Source: www.out-law.com

Climate bill ‘to include planes’ – BBC News

Posted October 28th, 2008 in aircraft, environmental protection, news, ships by sally

“Aviation and shipping look set to be included in a government bill targeting cuts in greenhouse gases, to head off a rebellion by backbench MPs.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

Smith strengthens rules on banning extremists – The Guardian

Posted October 28th, 2008 in immigration, incitement, news, terrorism by sally

“Measures to ban foreign-born ‘preachers of hate’ and other violent extremists from Britain are to be outlined by Jacqui Smith, the home secretary, today.”

Full story

The Guardian, 28th October 2008

Source: www.guardian.co.uk

Jack Straw driven nuts by his own jargon – Daily Telegraph

Posted October 28th, 2008 in news, prisons, victims by sally

“In an outspoken attack, he criticised prison campaigners for overlooking the suffering of victims while becoming ‘lost in a fog of platitudes’.”

Full story

Daily Telegraph, 27th October 2008

Source: www.telegraph.co.uk

Jailed man in bid to sue accuser – BBC News

Posted October 28th, 2008 in malicious prosecution, news, rape by sally

“A man who spent two years in jail before being cleared of rape has started a High Court bid to claim damages from his accuser.”

Full story

BBC News, 27th October 2008

Source: www.bbc.co.uk

Judge hits out at “sentencing by numbers” rule that stopped him jailing burglar – Daily Telegraph

Posted October 28th, 2008 in burglary, news, sentencing by sally

“Recorder Shaun Smith said the public was right to think the legal system was ‘mad’ or ‘soft’ after he was forced to allow the intruder to walk free.”

Full story

Daily Telegraph, 27th October 2008

Source: www.telegraph.co.uk

Soldiers jailed for explosives plot – The Independent

Posted October 28th, 2008 in armed forces, conspiracy, explosives, news, sentencing by sally

“Three soldiers were today jailed for their part in a plot to possess explosives from a British Army barracks to sell on to associates connected to the criminal underworld.”

Full story

The Independent, 27th October 2008

Source: www.independent.co.uk

Rape victims have to pay when calling for help – Daily Telegraph

Posted October 28th, 2008 in news, rape, telecommunications, victims by sally

“Home Secretary Jacqui Smith has said new Government-funded Sexual Assault Referral Centres across the country will improve the support given to victims.”

Full story

Daily Telegraph, 28th October 2008

Source: www.telegraph.co.uk

Man jailed for girlfriend murder – BBC News

Posted October 27th, 2008 in murder, news, sentencing by sally

“A former soldier in the Latvian army who killed his girlfriend by stabbing her through the heart will spend at least 18 years in prison.”

Full story

BBC News, 27th October 2008

Source: www.bbc.co.uk

Teacher had indecent child images – BBC News

Posted October 27th, 2008 in children, news, pornography, sentencing by sally

“A teacher who admitted possessing and making indecent images of children has been given a suspended sentence.”

Full story

BBC News, 27th October 2008

Source: www.bbc.co.uk

Pensioner in trouble over house painting face-lift – Daily Telegraph

Posted October 27th, 2008 in listed buildings, news, planning by sally

“A pensioner who revamped her cottage by painting it blue has been threatened with legal action unless she returns it to its original shade of yellow.”

Full story 

Daily Telegraph, 27th Octiber 2008

Source: www.telegraph.co.uk

Music trade unites to fight against piracy – The Guardian

Posted October 27th, 2008 in copyright, news by sally

“A new umbrella organisation formed to represent Britain’s entire music industry will today promise to deliver a five-year plan to plot a safer course for a sector that has been battered in the past decade.”

Full story

The Guardian, 27th October 2008

Source; www.guardian.co.uk