BAILII: Recent decisions

Posted April 5th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Catt, R (on the application of) v Brighton and Hove City Council [2007] EWCA Civ 298 (04 April 2007)

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

AH (Sudan)& Ors v Secretary of State for the Home Department [2007] EWCA Civ 297 (04 April 2007)

Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 (04 April 2007)

High Court (Administrative Court)

Oxford City Council v Secretary of State for Communities & Local Government & Anor [2007] EWHC 769 (Admin) (04 April 2007)

Onotota, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 797 (Admin) (04 April 2007)

Secretary of State for the Home Department v Rideh [2007] EWHC 804 (Admin) (04 April 2007)

Bamber, R (on the application of) v HM Revenue & Customs [2007] EWHC 798 (Admin) (04 April 2007)

High Court (Chancery Division)

Wembley National Stadium Ltd v Wembley (London) Ltd& Ors [2007] EWHC 756 (Ch) (04 April 2007)

High Court (Queen’s Bench Division)

Rao v Central Liverpool Primary Care Trust [2007] EWHC 773 (QB) (04 April 2007)

Source: www.bailii.org

O’Brien v. Seagrave and another – WLR Daily

Posted April 5th, 2007 in law reports, probate by sally

O’Brien v. Seagrave and another [2007] EWHC 788 (Ch)

“A claimant who had a right to bring a statutory claim for provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 could be said to have a sufficient “interest” in the estate to permit her to proceed with a probate claim under CPR rule 57.7(1).”

WLR Daily, 4th April 2007

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 (AW and others) v. Croydon London Borough Council and another – WLR Daily

Posted April 5th, 2007 in asylum, law reports by sally

R (AW and others) v. Croydon London Borough Council and another [2007] EWCA Civ 266

Where a failed asylum seeker satisfied the criteria of s 21(1) and (1A) of the National Assistance Act 1948 in that he or she was “infirm destitute” and the provision of support was necessary for the purpose of avoiding a breach of his or her Convention rights within the meaning of para 3 of Sch 3 to the Nationality, Immigration and Asylum Act 2002, that provision fell to be made by a local authority pursuant to s 21 of the 1948 Act.

WLR Daily, 4th April 2007

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.

Edwards v. Golding and others – WLR Daily

Posted April 5th, 2007 in defamation, law reports by sally

Edwards v. Golding and others [2007] WLR (D) 88

“In defamation cases knowledge of the identity of the tortfeasor was not an integral element required before a cause of action could be said to have accrued for the purposes of limitation.”

WLR Daily, 4th April 2007

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 (Balding) v. Secretary of State for Work and Pensions – WLR Daily

Posted April 5th, 2007 in benefits, insolvency, law reports by sally

R (Balding) v. Secretary of State for Work and Pensions [2007] EWHC 759 (Admin)

“Where an individual was liable to repay overpaid social security benefit under the Social Security Administration Act 1992 this was counted as a liability to pay money under an enactment for the purposes of s 382(4) of the Insolvency Act 1986 and was a bankruptcy debt. Discharge of the bankrupt released him from liability for recovery of the overpaid benefit.”

WLR Daily, 4th April 2007

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.

Barristers told reforms needed to lure less well-off trainees – Financial Times

Posted April 5th, 2007 in barristers, news by sally

“Poorer students are likely to be driven away from becoming barristers unless the profession takes action to make itself more accessible, the Bar Council chairman warned yesterday.”

Full story

Financial Times, 5th April 2007

Source: www.ft.com

Daily Telegraph Law Reports, 5th April 2007

Posted April 5th, 2007 in law reports by sally

Vranicki v. Architects Registration Board

R (Transport for London) v. Parking Adjudicator

Milton v. Crown Prosecution Service

Siddorn v. Patel & Anr

Antoniades v. East Sussex Hospitals NHS Trust

R (Malik) v. Waltham Forest NHS Primary Care Trust & Anr

Daily Telegraph, 5th April 2007

Source: www.telegraph.co.uk

Please note that the Daily Telegraph Law Reports are only available online for one week.

‘Only merit and potential necessary to enter the Bar’ – Bar Council

Posted April 5th, 2007 in barristers, reports by sally

“The interim report of a high-level Working Party, chaired by Law Lord, Lord Neuberger of Abbotsbury, says that the Bar should be equally open to all, irrespective of any barriers which are not connected with merit or potential.  It suggests changes from school level through to pupillage, including placement schemes in sets of chambers for less privileged children, and loan schemes on preferential terms for Bar students.”

Full story

Bar Council press release, 5th April 2007

Source: www.barcouncil.org.uk

Unlocking the door to the Bar – Legal Week

Posted April 5th, 2007 in barristers, news by sally

“The long-awaited report by Lord Neuberger’s working party on widening access to the Bar was officially unveiled today (5 April). The report sets out a number of proposals for boosting access and diversity within the bar.”

Full story

Legal Week, 5th April 2007

Source: www.legalweek.com

Bar group floats capping BVC places and relaxing funding in access push – Legal Week

Posted April 5th, 2007 in barristers, legal education, news by sally

“The Bar Council may limit the number of places available on the Bar Vocational Course (BVC) and force course providers to reveal students’ chances of gaining a pupillage as part of a shake-up of the profession’s recruitment rules.”

Full story

Legal Week, 5th April 2007

Source: www.legalweek.com

Justice Ministry’s welcome marred by political fallout – Legal Week

Posted April 5th, 2007 in Ministry of Justice, news by sally

“It perhaps says much about the fortunes of the Government – and the political controversy surrounding the Home Office – that the long-awaited creation of a Ministry of Justice should finally become a reality to so little fanfare or support.”

Full story

Legal Week, 5th April 2007

Source: www.legalweek.com

National strategy to enhance prosecution of extremist radicalisers – Attorney General’s Office

Posted April 5th, 2007 in incitement, news, terrorism by sally

“A national strategy to enhance the investigation and prosecution of extremist radicalisers in the UK – those who incite others to terrorism, violence or hatred of other groups – was announced by the Attorney General, Lord Goldsmith today.” 

Full story (Word document)

Attorney General’s Office press release, 5th April 2007

Source: www.attorneygeneral.gov.uk

Goldsmith has radical preachers in his sights – Daily Telegraph

Posted April 5th, 2007 in Islam, news, terrorism by sally

“A drive against Islamist fanatics is being launched by the Government today to counter the growing radicalism that could fuel a new wave of terrorist bombings.”

Full story

Daily Telegraph, 5th April 2007

Source: www.telegraph.co.uk

Brain-damaged man faces death for drug smuggling – The Independent

Posted April 5th, 2007 in death penalty, drug trafficking, news by sally

“A naturalised Briton who suffered brain damage in the Vietnam War will be shot by firing squad unless Tony Blair intervenes in his appeal, according to lawyers representing him. ”

Full story

The Independent, 5th April 2007

Source: www.independent.co.uk

Ban on human-animal embryos is unacceptable, MPs say – The Guardian

Posted April 5th, 2007 in embryology, news by sally

“Government plans to outlaw the creation of embryos which are part-human, part-animal are ‘unacceptable’ and threaten to undermine Britain’s leading position in stem cell science, MPs will say today.”

Full story

The Guardian, 5th April 2007

Source: www.guardian.co.uk

Do we need limits to raise the Bar? – Daily Telegraph

Posted April 5th, 2007 in barristers, news by sally

“This is an idea whose moment may have come, Lord Neuberger tells me. The recently appointed law lord is explaining why he thinks that a working party set up by the Bar of England and Wales may have the answer to a recruitment problem that has stumped nine previous committees over the past 16 years.”

Full story

Daily Telegraph, 5th April 2007

Source: www.telegraph.co.uk

Neglectful dog owners could face prosecution – Daily Telegraph

Posted April 5th, 2007 in dogs, news by sally

“Owners of fat dogs or cats could face prosecution under the Animal Welfare Act which comes into force tomorrow.”

Full story

Daily Telegraph, 5th April 2007

Source: www.telegraph.co.uk

Judges halt attempt to deport hundreds of Darfuri refugees – The Times

Posted April 5th, 2007 in asylum, news by sally

“The deportation of hundreds of Darfuri asylum-seekers was halted yesterday after three judges ruled that the conditions in camps near Khartoum were ‘unduly harsh’.”

Full story

The Times, 5th April 2007

Source: www.timesonline.co.uk

Judge frees man who had sex with girl, 10 – The Times

Posted April 5th, 2007 in news, sexual offences by sally

“A man was “traumatised” when he discovered that the girl he had had sex with was aged 10 and he was to be charged with rape, a court heard yesterday.”

Full story

The Times, 5th April 2007

Source: www.timesonline.co.uk

Monitoring of employee breached human rights, says European Court – OUT-LAW.com

Posted April 4th, 2007 in employment, human rights, news by sally

“The monitoring by a Welsh college of an employee’s email, phone and internet use was a breach of her human rights, the European Court of Human Rights has ruled. The UK Government must pay £3,000 damages and legal costs in the case.”

Full story

OUT-LAW.com, 4th April 2007

Source: www.out-law.com