BAILII: Recent Decisions

Posted July 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Revenue and Customs v Jones & Anor [2011] EWCA Civ 824 (18 July 2011)

Barclays Bank Plc v Nylon Capital LLP [2011] EWCA Civ 826 (18 July 2011)

High Court (Chancery Division)

Milsom & Ors v Ablyazov [2011] EWHC 1846 (Ch) (18 July 2011)

High Court (Administrative Court)

Secretary of State for the Home Department v BF [2011] EWHC 1878 (Admin) (18 July 2011)

Source: www.bailii.org

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Recent Statutory Instruments – legislation.gov.uk

Posted July 18th, 2011 in legislation by sally

The Criminal Procedure Rules 2011

The International Criminal Court (Libya) Order 2011

The Ministerial and other Salaries Act 1975 (Amendment) Order 2011

The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011

The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011

The Exempt Charities Order 2011

Source: www.legislation.gov.uk

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Harry Potter plagiarism claim struck out – The Guardian

Posted July 18th, 2011 in costs, news, plagiarism by sally

“A claim that Harry Potter author JK Rowling lifted the plot of one of her books from the work of another writer has been struck out after the claimant failed to meet a deadline for paying the first instalment of £1.5m into court as security for costs.”

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The Guardian, 18th July 2011

Source: www.guardian.co.uk

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Phone hacking: Serious Fraud Office considering investigation into News Corp – Daily Telegraph

Posted July 18th, 2011 in corruption, fraud, media, news, police, Serious Fraud Office by sally

“The Serious Fraud Office will give ‘full consideration’ to calls for it to launch an investigation into Rupert Murdoch’s News Corporation, a spokeswoman said today.”

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Daily Telegraph, 18th July 2011

Source: www.telegraph.co.uk

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Shrien Dewani ‘unfit to stand trial’, says barrister – The Guardian

“A British man accused of arranging for his wife to be murdered while they were on honeymoon in South Africa would be considered unfit to stand trial if he was facing a British court, his extradition hearing has been told.”

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The Guardian, 18th July 2011

Source: www.guardian.co.uk

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Ogmore illegal shock collar dog owner gets £2,000 fine – BBC News

Posted July 18th, 2011 in animal cruelty, fines, news, Wales by sally

“A dog owner has been fined £2,000 after becoming the first to be prosecuted in Britain for using an illegal electric shock collar.”

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BBC News, 18th July 2011

Source: www.bbc.co.uk

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Watchdog slams abuse home failings – The Independent

Posted July 18th, 2011 in care homes, news, whistleblowers by sally

“There was a ‘systemic failure to protect people’ by the owners of a Bristol hospital at the centre of abuse allegations involving vulnerable adults, care watchdogs have said.”

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The Independent, 18th July 2011

Source: www.independent.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted July 18th, 2011 in legislation by sally

The Local Justice Areas (No. 2) Order 2011

The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No.2) Order 2011

The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011

The Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) (No. 2) Regulations 2011

The Categories of Gaming Machine (Amendment) Regulations 2011

The Gambling Act 2005 (Gaming Machines in Adult Gaming Centres and Bingo Premises) Order 2011

The Justices of the Peace Act 1949 (Compensation) (Revocation) Regulations 2011

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted July 18th, 2011 in law reports by sally

Supreme Court

Home Office v Tariq [2011] UKSC 35 (13 July 2011)

Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011)

Court of Appeal (Civil Division)

Brighton and Hove City Council v PM & Ors [2011] EWCA Civ 795 (12 July 2011)

Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803 (12 July 2011)

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 (12 July 2011)

Shovelar & Ors v Lane & Ors [2011] EWCA Civ 802 (12 July 2011)

JS v Secretary of State for Work and Pensions [2011] EWCA Civ 806 (13 July 2011)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1776 (Ch) (07 July 2011)

High Court (Administrative Court)

R & Ors (Minors), R (on the application of) v The Child and Family Court Advisory and Support Service [2011] EWHC 1774 (Admin) (12 July 2011)

English Speaking Board (International) Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1788 (Admin) (12 July 2011)

NM, R (on the application of) v Secretary of State for Justice [2011] EWHC 1816 (Admin) (12 July 2011)

RT, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1792 (Admin) (13 July 2011)

U & Partners(East Anglia) Ltd, R (on the application of) v The Broads Authority [2011] EWHC 1824 (Admin) (13 July 2011)

Burgin & Anor v Commission of Police for the Metropolis & Ors [2011] EWHC 1835 (Admin) (13 July 2011)

High Court (Technology and Construction Court)

Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

High Court (Commercial Court)

Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1777 (Comm) (07 July 2011)

Source: www.bailii.org

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Command Papers – official-documents.gov.uk

Posted July 18th, 2011 in parliamentary papers by sally

Government Response to the Welsh Affairs Committee’s Report on S4C: Fifth Report of Session 2010-12, Cm 8124 (PDF)

Source: www.official-documents.gov.uk

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Regina v K – WLR Daily

Posted July 18th, 2011 in forced labour, human rights, news, trafficking in human beings by sally

Regina v K [2011] EWCA Crim 1691; [2011] WLR (D) 231

“Slavery, servitude and forced or compulsory labour were core elements of the criminal offence of trafficking into the United Kingdom for exploitation and failing to remunerate at the national minimum wage was not determinative of guilt.”

WLR Daily, 8th July 2011

Source: www.iclr.co.uk

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Silkstone and another v Tatnall and another – WLR Daily

Posted July 18th, 2011 in land registration, law reports by sally

Silkstone and another v Tatnall and another [2011] EWCA Civ 801; [2011] WLR (D) 230

“While a party to a reference before a Land Registry adjudicator under section 73(7) of the Land Registration Act 2002 could not be prevented from withdrawing his case, the adjudicator had a discretion as to whether, in all the circumstances, he should make an order terminating the reference, and on what terms, or continue to determine the substantive matters raised by the reference.”

WLR Daily, 14th July 2011

Source: www.iclr.co.uk

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Tariq v Home Office (JUSTICE and another intervening) – WLR Daily

Tariq v Home Office (JUSTICE and another intervening) [2011] UKSC 35; [2011] WLR (D) 229

“The closed material procedure provided in the statutory scheme established for employment tribunals was in principle compatible with European Union law and article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

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Al Rawi and others v Security Service and others (Liberty and others intervening) – WLR Daily

Al Rawi and others v Security Service and others (Liberty and others intervening) [2011] UKSC 34; [2011] WLR (D) 228

“It was for Parliament, if it so decided, and not for the courts, to introduce a closed material procedure to replace the existing process developed by the common law for dealing with claims to public interest immunity in an ordinary civil claim for damages.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

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Inversiones Frieira SL and another v Colyzeo Investors II LP and another – WLR Daily

Posted July 18th, 2011 in law reports, partnerships by sally

Inversiones Frieira SL and another v Colyzeo Investors II LP and another [2011] EWHC 1762 (Ch); [2011] WLR (D) 227

“The legal structure of a collective investment scheme was that of a partnership and the legal rights of the investors were determined by that legal structure and not by the economic purpose.”

WLR Daily, 14th July 2011

Source: www.iclr.co.uk

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File-sharing cases settled – Law Society’s Gazette

“The long running file-sharing cases brought by London firm ACS:Law have come to an end, as the Solicitors Disciplinary Tribunal has published the charges faced by the solicitor at the heart of the controversial claims.”

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Law Society’s Gazette, 15th July 2011

Source: www.lawgazette.co.uk

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Bar suffers knock-on effects of fees squeeze – The Lawyer

Posted July 18th, 2011 in barristers, fees, news by sally

“Growth at the bar has slowed over the past ­financial year as a result of litigators piling pressure on fees to get the best deals for clients.”

Full story

The Lawyer, 18th July 2011

Source: www.thelawyer.com

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Offshore gambling operators to be regulated in UK, says Government – OUT-LAW.com

Posted July 18th, 2011 in gambling, internet, licensing, news by sally

“All gambling operators selling or advertising their products in the UK will have to obtain a licence from the Gambling Commission no matter where they are based, the Government has announced.”

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OUT-LAW.com, 18th July 2011

Source: www.out-law.com

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Rape and torture victims turned away from collapsed advice service – Law Society’s Gazette

Posted July 18th, 2011 in immigration, Immigration Advisory Service, news, rape, torture, victims by sally

“Rape and torture victims were turned away from the collapsed Immigration Advisory Service last week, a former employee has told the Gazette.”

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Law Society’s Gazette, 18th July 2011

Source: www.lawgazette.co.uk

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Met demands cut-price rates as scandal hots up – The Lawyer

Posted July 18th, 2011 in fees, law firms, news, police, tenders by sally

“Legal advisers have been stunned by the Metropolitan Police requesting rock-bottom hourly rates in its latest panel review, at a time when it faces an increasing chance of court action over its handling of the News International phone-hacking scandal.”

Full story

The Lawyer, 18th July 2011

Source: www.thelawyer.com

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