BAILII: Recent Decisions

Posted July 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Thorner v Major & Ors [2008] EWCA Civ 732 (02 July 2008)

R U (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 753 (02 July 2008)

Federation of Tour Operators & Ors, R (on the application of) v HM Treasury [2008] EWCA Civ 752 (02 July 2008)

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 (02 July 2008)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2008] EWCA Civ 749 (01 July 2008)

Persimmon Homes Teesside Ltd v Lewis, R (on the application of) [2008] EWCA Civ 746 (01 July 2008)

Spencer v Secretary of State for Work & Pensions Moore & Ors [2008] EWCA Civ 750 (01 July 2008)

GO & Ors v Secretary of State for the Home Department [2008] EWCA Civ 747 (01 July 2008)

Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2008] EWCA Civ 640 (01 July 2008)

HM Revenue & Customs v Weight Watchers (UK) Ltd [2008] EWCA Civ 715 (25 June 2008)

High Court (Administrative Court)

Gurung & Ors, R (on the application of) v Secretary of State for Defence [2008] EWHC 1496 (Admin) (02 July 2008)

Queen Mary University of London v Higher Education Funding Council for England [2008] EWHC 1472 (Admin) (26 June 2008)

Crown Prosecution Service v Gloucester Justices & Anor [2008] EWHC 1488 (Admin) (17 June 2008)

Krompalcas v Prosecutor General’s Office, Lithuania [2008] EWHC 1486 (Admin) (17 June 2008)

Cathco Property Holdings Ltd, R (on the application of) v Cygnor Gwynedd Council & Anor [2008] EWHC 1462 (Admin) (06 June 2008)

High Court (Queen’s Bench Division)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1495 (QB) (30 June 2008)

Source: www.bailii.org

Farmer who worked for free stripped of £2m estate – Daily Telegraph

Posted July 3rd, 2008 in news, wills by sally

“A farmer who worked on a relative’s land unpaid for 30 years in the expectation he would one day inherit the £2.1 million estate has had the property taken away from him by appeal judges.”

Full story

Daily Telegraph, 2nd July 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted July 3rd, 2008 in legislation by sally

The Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008

The Bluetongue (Wales) (Amendment) Regulations 2008

The Education (Designated Institutions) (Amendment) (England) Order 2008

The Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations 2008

Source: www.opsi.gov.uk

House of Lords Judgments: What’s New?

Posted July 3rd, 2008 in law reports by sally

R v Rahman and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 45 (2 July 2008)

Spencer-Franks (Appellant) v Kellogg Brown and Root Limited and others (Respondents) (Scotland) [2008] UKHL 46 (2 July 2008)

Source: www.parliament.uk

Court slaps UK BitTorrenters with landmark damages award – The Register

Posted July 3rd, 2008 in copyright, damages, news, video games by sally

“The Central London County Court has ordered four BitTorrent users to pay a video games company £750 interim damages following a landmark victory by no win, no fee copyright lawyers.”

Full story

The Register, 2nd July 2008

Source: www.theregister.co.uk

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and another – WLR Daily

Posted July 3rd, 2008 in damages, EC law, law reports, limitations, personal injuries by sally

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and another [2008] EWCA Civ 750; [2008] WLR (D) 218

“A cause of action for damages against the Government for failure to implement Community law and provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered.”

WLR Daily, 2nd July 2008

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 v Rahman and others – WLR Daily

Posted July 3rd, 2008 in accomplices, law reports, murder by sally

R v Rahman and others [2008] UKHL 45; [2008] WLR (D) 217

“An accessory was liable in respect of an unlawful killing on the basis of his foresight of what the principal might do, not of the intention with which the principal’s act might be performed.”

WLR Daily, 2nd July 2008

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 (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 3rd, 2008 in bias, judicial review, law reports, planning by sally

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216

“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”

WLR Daily, 2nd July 2008

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.

Kingdom of Sweden and another v Council of the European Union (Joined Cases C-39 and 52/05P) – WLR Daily

Posted July 3rd, 2008 in disclosure, EC law, law reports, opinions by sally

Kingdom of Sweden and another v Council of the European Union (Joined Cases C-39 and 52/05P); [2008] WLR (D) 215

“The Council of the European Union did not have a general entitlement to refuse all requests by members of the public for access to opinions from its legal service in the context of legislative enactment. The principle of transparency was an overriding public interest capable of prevailing over a statutory reason for refusing access to a document.”

WLR Daily, 2nd July 2008

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.

Spencer-Franks v Kellogg Brown and Root Ltd and Another – Times Law Reports

Posted July 3rd, 2008 in health & safety, law reports, offshore installations, personal injuries by sally

Spencer-Franks v Kellogg Brown and Root Ltd and Another

“A door-closing device which ensured that the door of the control room on an oil rig was closed was ‘work equipment’ within regulation 2 of the Provision and Use of Work Equipment Regulations (SI 1998 No 2306) and, consequently, a mechanic who was injured while repairing such a device was entitled to bring proceedings under those regulations against his employer and/or the oil rig operator.”

The Times, 3rd July 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.

Merton London Borough Council v Jones – Times Law Reports

Posted July 3rd, 2008 in housing, law reports, mesne profits by sally

Merton London Borough Council v Jones

Court of Appeal

“A tolerated trespasser was liable to pay mesne profits for overstaying in his former dwelling only up to the time he had decided to give up possession and removed his belongings, even if he had retained the keys and told the landlord of his decision much later.”

The Times, 3rd July 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.

Judges ‘do not trust community service’ – Daily Telegraph

Posted July 3rd, 2008 in community service, judiciary, news, sentencing by sally

“Judges are sentencing criminals to prison terms because they do not believe alternative community service orders will be properly implemented, England’s most senior judge has said.”

Full story

Daily Telegraph, 2nd July 2008

Source: www.telegraph.co.uk

Letters go to music file-sharers – BBC News

Posted July 3rd, 2008 in copyright, internet, news by sally

“Virgin Media has sent about 800 letters to customers warning them that they should not be downloading illegal music files via file-sharing sites.”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

BBC and lawyers in dispute over barristers’ portrayal in drama – Daily Telegraph

Posted July 3rd, 2008 in barristers, media, news by sally

“A row erupted last night between the BBC and the legal profession over the corporation’s drama ‘Criminal Justice’, which portrays barristers breaching their professional regulations.”

Full story

Daily Telegraph, 3rd July 2008

Source: www.telegraph.co.uk

Community measures ‘to cut crime’ – BBC News

Posted July 3rd, 2008 in news, prisons by sally

“Money which is due to fund giant prisons should be spent on ‘community alternatives’ to jail, says a charity.”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

Gordon Brown accused over early-release prisoner who warned he would attack girlfriend – Daily Telegraph

Posted July 3rd, 2008 in assault, dangerous offenders, early release, news by sally

“Gordon Brown has been accused of failing in his ‘basic duty’ to protect the public after a court heard that a prisoner who stabbed his pregnant girlfriend after being released early had warned what he was planning to do.”

Full story

Daily Telegraph, 2nd July 2008

Source: www.telegraph.co.uk

Heinz male kiss ad cleared by watchdog – The Guardian

Posted July 3rd, 2008 in advertising, homosexuality, news by sally

“The UK’s advertising regulator has decided not to investigate Heinz’s ‘male kiss’ TV ad, despite 215 complaints from viewers that it was offensive and ‘inappropriate to see two men kissing’.”

Full story

The Guardian, 2nd July 2008

Source: www.guardian.co.uk

No government should award itself unreviewable powers – The Times

Posted July 3rd, 2008 in attorney general, judicial review, special report by sally

“Last week’s report by the House of Commons Justice Committee on the draft Constitutional Renewal Bill draws attention to an issue of fundamental importance: whether judicial review should be excluded if and when the Attorney-General stops a criminal investigation or prosecution on national security grounds. The committee rightly objected to such an unconstitutional immunity.”

Full story

The Times, 3rd July 2008

Source: www.timesonline.co.uk

White man guilty of racial abuse after calling white guards ‘honkies’ – Daily Telegraph

Posted July 3rd, 2008 in news, racism by sally

“A white man has admitted of racially abusing three white security guards by calling them ‘honkies’.”

Full story

Daily Telegraph, 3rd July 2008

Source: www.telegraph.co.uk

18,000 women and children trafficked into UK sex trade – The Independent

Posted July 3rd, 2008 in news, prostitution, trafficking in human beings by sally

“Up to 18,000 females, including girls as young as 14, are working in brothels across Britain after being smuggled into the country to meet the booming demand for prostitutes. Police, unveiling the results of the largest ever crackdown on people smuggling yesterday, revealed that nearly five times more women than previously thought are working under duress in massage parlours and suburban homes.”

Full story

The Independent, 3rd July 2008

Source: www.independent.co.uk