BAILII: Recent Decisions

Posted November 29th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Birmingham City Council v Abdulla & Ors [2011] EWCA Civ 1412 (29 November 2011)

Digital Satellite Warranty Cover Ltd v The Financial Services Authority [2011] EWCA Civ 1413 (29 November 2011)

Serious Organised Crime Agency v Namli & Anor [2011] EWCA Civ 1411 (29 November 2011)

Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 (29 November 2011)

High Court (Chancery Division)

Parry v Bartlett & Anor [2011] EWHC 3146 (Ch) (29 November 2011)

High Court (Commercial Court)

Hyundai Merchant Marine Company Ltd v Trafigura Beheer BV [2011] EWHC 3108 (Comm) (29 November 2011)

Source: www.bailii.org

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Wiltshire ‘right to die’ man seeks High Court ruling – BBC News

Posted November 29th, 2011 in disabled persons, euthanasia, immunity, news by sally

“A severely disabled man from Wiltshire is to ask the High Court to allow a doctor to end his life.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

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Phone-hacking scandal: Judgement on Mulcaire reserved – BBC News

Posted November 29th, 2011 in appeals, interception, news, privilege, self-incrimination, telecommunications by sally

“Judgement has been reserved over a private investigator’s appeal against two court orders that may force him to reveal who ordered him to hack phones.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

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Spectator article on Stephen Lawrence trial referred to DPP – The Guardian

Posted November 29th, 2011 in contempt of court, Crown Prosecution Service, media, news, trials by sally

“The attorney general has referred a Rod Liddle comment piece in the Spectator about the Stephen Lawrence trial to the director of public prosecutions, after concluding that it may have breached a court order.”

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The Guardian, 29th November 2011

Source: www.guardian.co.uk

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Juror faces contempt proceedings over ‘case research’ – BBC News

Posted November 29th, 2011 in contempt of court, juries, news by sally

“The attorney general has been granted permission to bring a contempt of court case against a juror who allegedly carried out research on a defendant.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

Leveson order over Guido Fawkes leak raises questions – The Guardian

Posted November 29th, 2011 in disclosure, documents, inquiries, internet, news by sally

“Blogger could have challenged the request to remove a draft of Alastair Campbell’s evidence for the inquiry from his website.”

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The Guardian, 29th November 2011

Source: www.guardian.co.uk

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Smiley Culture death: No crime committed, says IPCC – BBC News

Posted November 29th, 2011 in complaints, homicide, inquests, news, police by sally

“An investigation into the police operation during which reggae singer Smiley Culture died has found no evidence of a criminal offence.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

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‘No grounds’ to remove Phillip and Izaak Stevens before killings – BBC News

Posted November 29th, 2011 in children, murder, news, social services, suicide by sally

“Little could have been done to save the lives of two children killed by their mother, a serious case review has concluded.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

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Women win landmark court of appeal decision over equal pay – The Guardian

Posted November 29th, 2011 in appeals, equal pay, local government, news, time limits by sally

“Cooks, cleaners, caterers and care staff have won a landmark court of appeal decision that could pave the way for many more equal pay claims.”

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The Guardian, 29th November 2011

Source: www.guardian.co.uk

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Command Papers – official-documents.gov.uk

Posted November 29th, 2011 in parliamentary papers by sally

Reclaiming health and safety for all: An independent review of health and safety legislation, Cm 8219 (PDF)

The Government’s response to Next Gen. Transforming the UK into the world’s leading talent hub for the video games and visual effects industries, Cm 8226 (PDF)

Source: www.official-documents.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted November 29th, 2011 in legislation by sally

The Fire and Rescue Services (Appointment of Inspector) (Wales) Order 2011

The Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011

The Police Reform and Social Responsibility Act 2011 (Commencement No. 2) Order 2011

Source: www.legislation.gov.uk

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London backed by UK lawyers as home of new European patents court – The Guardian

Posted November 29th, 2011 in courts, news, patent attorneys, patents by sally

“Chartered Institute of Patent Attorneys urges David Cameron to bid for court to be based in UK rather than Germany.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk

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‘Few’ solicitors understand e-disclosure, says Jackson – Law Society’s Gazette

Posted November 29th, 2011 in costs, disclosure, electronic filing, news, practice directions, speeches by sally

“Lord Justice Jackson has warned that ‘huge’ sums of money will be wasted if the legal profession gets electronic disclosure wrong. Delivering the seventh lecture on implementing his civil litigation reforms, the judge said effective training is ‘essential’ for solicitors, judges and counsel if the practice direction issued a year ago on electronic disclosure is to be operated effectively.”

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Law Society’s Gazette, 28th November 2011

Source: www.lawgazette.co.uk

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Controlling The Costs of Disclosure – Seventh Lecture in the implementation programme – Speech by Lord Justice Jackson

Controlling The Costs of Disclosure – Seventh Lecture in the implementation programme (PDF)

Speech by Lord Justice Jackson

The LexisNexis Conference on Avoiding and Resolving Construction Disputes, 24th November 2011

Source: www.judiciary.gov.uk

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BAILII: Recent Decision

Posted November 29th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Kear, R. v [2011] EWCA Crim 2663 (04 November 2011)

Lawrence, R. v [2011] EWCA Crim 2609 (03 November 2011)

Attorney General’s Reference Nos 61, 62 AND 63 of 2011 [2011] EWCA Crim 2619 (27 October 2011)

Abdzahra, R. v [2011] EWCA Crim 2664 (04 November 2011)

Bashir, R. v [2011] EWCA Crim 2763 (03 November 2011)

Ciccarelli, R. v [2011] EWCA Crim 2665 (03 November 2011)

Court of Appeal (Civil Division)

Ablyazov v JSC BTA Bank [2011] EWCA Civ 1386 (28 November 2011)

High Court (Chancery Division)

Glenfield Motor Spares Ltd v Smith [2011] EWHC 3130 (Ch) (28 November 2011)

Bailey & Anor v Graham & Ors [2011] EWHC 3098 (Ch) (25 November 2011)

Persimmon Homes Ltd v Woodford Land Ltd [2011] EWHC 3109 (Ch) (28 November 2011)

High Court (Family Division)

F v S [2011] EWHC 3139 (Fam) (18 November 2011)

High Court (Queen’s Bench Division)

Sherwood v Sherwood Forest Hospitals NHS Foundation Trust (No 2) [2011] EWHC 3104 (QB) (25 November 2011)

High Court (Administrative Court)

Shaffi, R (on the application of) v Secretary of State for Justice [2011] EWHC 3113 (Admin) (28 November 2011)

Lamrani, R (on the application of) v Secretary of State for Home Department [2011] EWHC 3059 (Admin) (24 November 2011)

High Court (Commercial Court)

M.H.Progress Lines SA v Orient Shipping Rotterdam BV & Ors [2011] EWHC 3083 (Comm) (28 November 2011)

Madoff Securities International Ltd v Raven & Ors [2011] EWHC 3102 (Comm) (25 November 2011)

Source: www.bailii.org

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Prince Charles to challenge ruling set to lift secrecy about his estate – The Guardian

“Prince Charles is to challenge a judicial ruling that threatens to expose the environmental impact of the private estate that provides his £17m-a-year income.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk

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Virtual courts brings swifter justice – Ministry of Justice

Posted November 29th, 2011 in courts, criminal procedure, live link evidence, news, sentencing by sally

“Increased use of virtual courts and live links technology is making justice quicker and more effective, Justice Ministers Nick Herbert and Jonathan Djanogly said today (28 November).”

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Ministry of Justice, 28th November 2011

Source: www.justice.gov.uk

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Teacher avoids sex offenders register for drunken assault on air steward ‘she thought was her boyfriend’ – Daily Telegraph

Posted November 29th, 2011 in alcohol abuse, assault, community service, fines, news, sexual offences, teachers by sally

“A nursery teacher was so drunk on a long-haul flight that she indecently assaulted a steward she mistook for her boyfriend, a court heard yesterday.”

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Daily Telegraph, 28th November 2011

Source: www.telegraph.co.uk

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Lady Hale warns of consequences of legal aid cuts – The Guardian

Posted November 29th, 2011 in bills, civil justice, judges, law centres, legal aid, news, speeches by sally

“The supreme court judge’s speech to the Law Centres Federation’s conference on the effects of the government’s proposed legal aid bill.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk