BAILII: Recent Decisions

Posted October 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Rheines v R. [2011] EWCA Crim 2397 (26 October 2011)

R. v E [2011] EWCA Crim 2393 (06 October 2011)

Court of Appeal (Civil Division)

The Construction Industry Training Board (aka CITB-Construction Skills) v Beacon Roofing Ltd [2011] EWCA Civ 1203 (26 October 2011)

High Court (Queen’s Bench Division)

Morrissey v McNicholas & Anor [2011] EWHC 2738 (QB) (26 October 2011)

High Court (Administrative Court)

BA, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2748 (Admin) (26 October 2011)

High Court (Commercial Court)

Glencore Energy (UK) Ltd v Sonol Israel Ltd [2011] EWHC 2756 (Comm) (26 October 2011)

High Court (Admiralty Division)

MIOM 1 Ltd & Anor v Sea Echo ENE (No 2) [2011] EWHC 2715 (Admlty) (26 October 2011)

High Court (Patents Court)

Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)

Protecting Kids the World Over (PKTWO) Ltd, Re [2011] EWHC 2720 (Pat) (26 October 2011)

Source: www.bailii.org

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Psychiatric patient loses groundbreaking appeal – The Guardian

Posted October 27th, 2011 in appeals, detention, mental health, news, tribunals by sally

“The first psychiatric patient to have an appeal against detention heard in public lost his legal battle to be freed from Broadmoor hospital on Wednesday.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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Costs rule ‘will fuel litigation’ – Law Society’s Gazette

Posted October 27th, 2011 in costs, news, proportionality, speeches by sally

“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”

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Law Society’s Gazette, 27th October 2011

Source: www.lawgazette.co.uk

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Phone-hacking suspects ‘could use inquiry to sabotage cases’ – The Guardian

Posted October 27th, 2011 in evidence, inquiries, interception, news, telecommunications, trials by sally

“The Metropolitan police and the Crown Prosecution Service fear suspects in the phone-hacking criminal investigation could try to sabotage prosecutions, it has emerged.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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UK supreme court judges air concerns over having to follow Europe’s lead – The Guardian

Posted October 27th, 2011 in human rights, judges, judgments, news, Supreme Court by sally

“The UK’s supreme court is not always ‘supreme’ because it has to follow the lead of the European court of human rights in Strasbourg, whose rulings are sometimes too narrow in scope, according to the country’s most senior judge, Lord Phillips.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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Lapland ‘con’ duo cleared on appeal – The Independent

Posted October 27th, 2011 in advertising, appeals, consumer protection, fraud, juries, news by sally

“Two brothers jailed after being accused of conning thousands of customers into visiting what they claimed was a Lapland-style theme park had their convictions overturned by appeal judges today.”

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The Independent, 26th October 2011

Source: www.independent.co.uk

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Bill to allow homeowners to defend themselves and their property – The Independent

Posted October 27th, 2011 in bills, news, self-defence by sally

“People who feel threatened in their own homes will no longer have to flee and can stay to defend both themselves and their property under Government plans.”

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The Independent, 27th October 2011

Source: www.independent.co.uk

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Clarke: radical reforms will ensure people are protected – Ministry of Justice

Posted October 27th, 2011 in bills, fees, fines, news, self-defence, squatting by sally

“Justice Secretary Kenneth Clarke announced tough measures to better protect people from intruders, dangerous criminals and excessive no-win no-fee legal costs.”

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Ministry of Justice, 26th October 2011

Source: www.justice.gov.uk

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‘Before the event’ legal insurers cannot refuse an insured’s solicitor solely because of rates, court says – OUT-LAW.com

Posted October 27th, 2011 in costs, fees, insurance, news by sally

“An insurer cannot refuse to pay fees for an insured’s choice of solicitor solely because the solicitor’s rates are higher than a limit stipulated by the insurers, a court has said.”

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OUT-LAW.com, 26th October 2011

Source: www.out-law.com

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Top Gear presenter Jeremy Clarkson abandons gag order on ex-wife who says they had an affair – Daily Telegraph

Posted October 27th, 2011 in injunctions, internet, news, privacy by sally

“Jeremy Clarkson, the Top Gear presenter, took out a far-reaching injunction to prevent the publication of allegations that he had an affair with his first wife while married to his second, it has emerged.”

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Daily Telegraph, 26th October 2011

Source: www.telegraph.co.uk

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Lawyers slam government plans to restrict unfair dismissal claims – The Lawyer

Posted October 27th, 2011 in news, reports, unfair dismissal by sally

“Employment lawyers have hit back at a leaked government paper that proposes abolishing unfair dismissal claims for ’unproductive workers’, stressing it would rob all employees of basic legal protection.”

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The Lawyer, 26th October 2011

Source: www.thelawyer.com

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BT ordered to block Newzbin2 filesharing site within 14 days – The Guardian

Posted October 27th, 2011 in copyright, intellectual property, internet, news, telecommunications by sally

“BT has been given 14 days to block access to a website accused of promoting illegal filesharing ‘on a grand scale’ by Hollywood studios, in the first high court ruling of its kind under UK copyright law.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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MPs call for tougher personal data abuse laws – BBC News

Posted October 27th, 2011 in data protection, detention, fines, news, penalties, reports, select committees by sally

“Courts should have the power to punish people breaching the Data Protection Act with prison sentences, MPs on the justice select committee have said.”

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BBC News, 27th October 2011

Source: www.bbc.co.uk

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Automatic life terms for repeat sex offenders – The Independent

“Automatic jail sentences will be introduced for 16 and 17-year-olds who commit knife crimes in a sweeping law and order package announced last night by Kenneth Clarke, the Justice Secretary.”

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The Independent, 27th October 2011

Souce: www.independent.co.uk

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The UK supreme court is changing the way we think about law – The Guardian

Posted October 27th, 2011 in constitutional reform, devolution, human rights, judiciary, news, Supreme Court by sally

“The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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Gang jailed for £4bn cocaine smuggling plot – BBC News

Posted October 27th, 2011 in conspiracy, drug trafficking, news, sentencing by sally

“Drug dealers from Liverpool and London who plotted to flood the UK with £4bn of cocaine have been jailed.”

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BBC News, 26th October 2011

Source: www.bbc.co.uk

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Britain unable to deport more than 5,000 foreign offenders – The Guardian

Posted October 27th, 2011 in deportation, human rights, news, reports by sally

“The number of foreign prisoners who have come to the end of their sentences but cannot be deported has passed the 5,000 mark, despite repeated pledges by Home Office ministers to speed up removals.”

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The Guardian, 27th October 2011

Source: www.guardian.co.uk

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Guardian granted permission to challenge court over secret documents – The Guardian

Posted October 27th, 2011 in appeals, documents, extradition, media, news by sally

“Three senior judges have granted permission to the Guardian to challenge a court’s decision to keep secret a set of documents.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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Morrissey can sue NME over ‘racist’ claim – The Independent

Posted October 27th, 2011 in defamation, delay, media, news, racism by sally

“Morrissey spoke of his ‘delight’ after a judge ruled yesterday that he had the right to sue the music magazine NME over an article which he claims branded him as a racist.”

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The Independent, 27th October 2011

Source: www.independent.co.uk

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