BAILII: Recent Decisions

Posted November 13th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439 (13 November 2012)

High Court (Queen’s Bench Division)

Stone & Anor v WXY (Person Or Persons Unknown) [2012] EWHC 3184 (QB) (12 November 2012)

Fox v Boulter [2012] EWHC 3183 (QB) (13 November 2012)

High Court (Administrative Court)

Southern Landlords Association, R (on the application of) v Thanet District Council [2012] EWHC 3187 (Admin) (13 November 2012)

High Court (Technology and Construction Court)

Rivercove Trustee Ltd v Van Winkelen (t/a Euro Rubber Lines) [2012] EWHC 2593 (TCC) (05 November 2012)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC) (08 November 2012)

Source: www.bailii.org

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Viewpoint: What dangers may lie ahead for libellous tweeters – BBC News

Posted November 13th, 2012 in defamation, internet, media, news, publishing by sally

“On 2 November, Newsnight broadcast what are now known to be mistaken claims by former care home resident Steve Messham that he had been sexually abused by a prominent 1980s Conservative politician.”

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BBC News, 13th November 2012

Source: www.bbc.co.uk

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Housing: between a rock and a hard place – LegalVoice

Posted November 13th, 2012 in benefits, families, homelessness, housing, law centres, local government, news by sally

“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”

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LegalVoice, 13th November 2012

Source: www.legalvoice.org.uk

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Legal training system not broken – Law Society’s Gazette

Posted November 13th, 2012 in legal education, news, reports, solicitors by sally

“The City of London Law Society has criticised what it calls ‘misconceived’ assumptions underpinning the landmark review of legal training.”

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Law Society’s Gazette, 13th November 2012

Source: www.lawgazette.co.uk

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Bar Barometer 2012 – The Bar Council

Posted November 13th, 2012 in barristers, news, reports, statistics by sally

“The Bar Council and the Bar Standards Board have published their second annual Bar Barometer report. The report details trends in the demographic profile of the Bar between 2007 and 2011/12.”

Bar Barometer (PDF)

The Bar Council, 12th November 2012

Source: www.barcouncil.org.uk

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The Current Thinking of the Judiciary – Keynote address by the Senior Presiding Judge

Posted November 13th, 2012 in expert witnesses, judges, news, speeches by sally

The Current Thinking of the Judiciary (PDF)

Keynote address by the Senior Presiding Judge

Bond Solon Conference on Expert Witnesses, 9th November 2012

Source: www.judiciary.gov.uk

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Secret courts plan is radical departure from open justice, says committee – The Guardian

“Secret court hearings should protect only the identity of UK intelligence officers, their sources and security material provided by foreign allies, a critical parliamentary report warns.”

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The Guardian, 13th November 2012

Source: www.guardian.co.uk

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Taitt v State of Trinidad and Tobago – WLR Daily

Posted November 13th, 2012 in appeals, crime, law reports, learning difficulties, Privy Council by sally

Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317

“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

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Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

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Iida v Stadt Ulm – WLR Daily

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315

“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

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Database supported by UK servers means High Court can rule over alleged claims of infringement, says judge – OUT-LAW.com

Posted November 13th, 2012 in copyright, database right, EC law, jurisdiction, news by sally

“The High Court will determine whether a Dutch company, its managing director and two employees are liable for infringements of database rights and copyright as well as a breach of confidence after rejecting claims that the case should be heard in the Dutch courts.”

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OUT-LAW.com, 12th November 2012

Source: www.out-law.com

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Command Papers – official-documents.gov.uk

Posted November 13th, 2012 in parliamentary papers by sally

Government response on the Eighty Second Report from the Committee of Public Accounts: Session 2010-12 and Government responses on the First to the Fourth and on the Sixth to the Tenth Reports from the Committee of Public Accounts: Session 2012-13, Cm 8467 (PDF)

Future Reserves 2020: Delivering the Nation’s Security Together, Cm 8475 (PDF)

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, Cm 8477 (PDF)

Source: www.official-documents.gov.uk

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Criminologist Dr Silvia Casale to lead investigation in to the death in police custody of mentally ill man Sean Rigg – The Independent

Posted November 13th, 2012 in complaints, death in custody, inquiries, mental health, news, police by sally

“An international expert in the prevention of torture and inhuman treatment of prisoners is to lead an independent review into the way the death of a mentally ill man in police custody was investigated by the police watchdog.”

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The Independent, 12th November 2012

Source: www.independent.co.uk

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Birmingham city council faces £757m bill to settle equal pay claims – The Guardian

Posted November 13th, 2012 in compensation, equal pay, local government, news by sally

“The country’s largest local authority faces a potential bill of £757m to settle a string of equal pay claims lodged by mainly women workers, amid speculation that other councils and private sector firms could be targeted by a new wave of legal action.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

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Peterborough ex-wife murder: Rimas Venclovas gets life sentence – BBC News

Posted November 13th, 2012 in domestic violence, kidnapping, murder, news, sentencing by sally

“A man who kidnapped and murdered his ex-wife in the UK before taking her body to Poland to bury it, has been jailed for life.”

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BBC News, 12th November 2012

Source: www.bbc.co.uk

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Female genital mutilation: time for a prosecution – The Guardian

Posted November 13th, 2012 in child abuse, female genital mutilation, news, prosecutions, women by sally

“There has been legislation in this country to criminalise female genital mutilation (FGM) for 27 years and not one successful prosecution. Three cases referred to the Crown Prosection Service (CPS) in the last two years had significant evidential difficulties and were not pursued. Last week the Association of Women Barristers (AWB) and the CPS held a joint seminar to address these issues.”

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The Guardian, 13th November 2012

Source: www.guardian.co.uk

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Abu Qatada: what happens next? – Head of Legal

Posted November 13th, 2012 in appeals, deportation, immigration, news, terrorism, tribunals by sally

“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”

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Head of Legal, 12th November 2012

Source: www.headoflegal.com

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