BAILII: Recent Decisions

Posted March 13th, 2013 in law reports by sally

Supreme Court

Revenue and Customs v Aimia Coalition Loyalty UK Ltd [2013] UKSC 15 (13 March 2013)

Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16 (13 March 2013)

Court of Appeal (Criminal Division)

Coley & Ors v R [2013] EWCA Crim 223 (12 March 2013)

Court of Appeal (Civil Division)

HM Revenue and Customs v First Stop Wholesale Ltd & Anor [2013] EWCA Civ 183 (12 March 2013)

High Court (Administrative Court)

Gray, R (on the application of)& Ors v Crown Court Aylesbury [2013] EWHC 500 (Admin) (12 March 2013)

High Court (Family Division)

KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam) (12 March 2013)

High Court (Commercial Court)

Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2013] EWHC 485 (Comm) (12 March 2013)

Source: www.bailii.org

Duress and deprivation of citizenship – BBC Law in Action

Posted March 13th, 2013 in citizenship, duress, news by sally

“This week, Joshua Rozenberg investigates government powers to strip Britons of their citizenship.”

Listen

BBC Law in Action, 12th March 2013

Source: www.bbc.co.uk

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) – Supreme Court

Posted March 13th, 2013 in contracts, EC law, law reports, VAT by sally

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) [2013] UKSC 15 | UKSC 2009/0154 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Schutz (UK) Limited (Respondent) v Werit (UK) Limited (Appellant); Schutz (UK) Limited No 2 (Respondent) v Werit (UK) Limited (Appellant) – Supreme Court

Posted March 13th, 2013 in intellectual property, inventions, law reports, patents by sally

Schutz (UK) Limited (Respondent) v Werit (UK) Limited (Appellant); Schutz (UK) Limited No 2 (Respondent) v Werit (UK) Limited (Appellant) [2013] UKSC 16 | UKSC 2011/0159 & UKSC 2011/0266 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department – WLR Daily

Posted March 13th, 2013 in appeals, education, law reports, news, sponsored immigrants by sally

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department [2013] EWCA Civ 177; [2013] WLR (D) 96

“The UK Border Agency required colleges seeking highly trusted sponsor status to report all students who failed to enrol including those refused entry clearance or leave to remain. A refusal rate of 20% made proper allowance for unsuitable applicants who could not reasonably be weeded out by a college’s admissions staff.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2013 in legislation by sally

The Marine Licensing (Exempted Activities) (Amendment) Order 2013

The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013

The Network Rail (Seaham Level Crossing) Order 2013

The Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013

The Criminal Legal Aid (Contribution Orders) Regulations 2013

The Managed Motorway (Actively Managed Hard Shoulder and Variable Speed Limits) (Miscellaneous Amendments) Regulations 2013

The Benefit Cap (Housing Benefit) (Amendment) Regulations 2013

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

The Medicines (Products for Human Use) (Fees) Regulations 2013

The Family Procedure (Amendment) Rules 2013

The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013

The Infrastructure Planning (Fees) (Amendment) Regulations 2013

The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2013

The Animals (Scientific Procedures) Act 1986 (Fees) Order 2013

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013

Source: www.legislation.gov.uk

False allegations of rape and domestic violence are few and far between – The Guardian

Posted March 13th, 2013 in domestic violence, news, prosecutions, rape, wasting police time by sally

“Our new report shows that while false allegations must be taken seriously they are relatively rare and are often complex cases.”

Full story

The Guardian, 13th March 2013

Source: www.guardian.co.uk

Hero police officer jailed for abusing position to have sex with vulnerable woman – The Independent

Posted March 13th, 2013 in misfeasance in public office, news, police, sentencing by sally

“A police officer who won a national award for bravery has been jailed after abusing his position to have sex with a vulnerable woman.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

Ash and Cancer Research win ban on ads attacking plain cigarette packs – The Guardian

Posted March 13th, 2013 in advertising, children, health, news, smoking by sally

“Anti-smoking campaigners have won a battle against Gallaher, which markets brands including Benson & Hedges, Camel and Silk Cut, after the advertising watchdog banned the tobacco giant’s national advertising campaign attacking proposals for plain cigarette packaging.”

Full story

the Guardian, 13th March 2013

Source: www.guardian.co.uk

Setting a trap for the European Court of Human Rights over foreign criminals – UK Human Rights Blog

Posted March 13th, 2013 in amendments, deportation, families, human rights, news by sally

“Dominic Raab MP has tabled an amendment to the Crime and Courts Bill which if passed would stop foreign criminals from using Article 8 of the European Convention on Human Rights (the right respect for private and family life) to prevent their deportation. The amendment has significant support.”

Full story

UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

M25 road rage killer Kenneth Noye fails in attempt to have minimum jail term cut – The Independent

Posted March 13th, 2013 in appeals, murder, news, sentencing by sally

“A ‘professional criminal’ given a life sentence for a road rage murder on an M25 slip road today (12 March) failed in a bid to get his 16-year minimum jail term cut by the Court of Appeal.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

The strange status of 16-year-olds – BBC News

Posted March 13th, 2013 in news, young persons by sally

“The age of 18 is widely accepted as the start of adulthood but those one or two years younger occupy a strange twilight zone where they are given many freedoms and responsibilities but denied others.”

Full story

BBC News, 13th March 2013

Source: www.bbc.co.uk

Under the spotlight: perverting the course of justice and wasting police time in cases involving allegedly false rape and domestic violence allegations – Crown Prosecution Service

“The first ever study by the Crown Prosecution Service into so-called false allegations of rape and domestic violence is being published today by the Director of Public Prosecutions.”

Full story

Crown Prosecution Service, 12th March 2013

Source: www.cps.gov.uk

HarperCollins sued by former death row prisoner over ditched book – The Guardian

Posted March 13th, 2013 in contracts, loss of chance, news, publishing by sally

“Nick Yarris, who was wrongfully convicted and sentenced to death for murder, sues publisher over abandoned life story.”

Full story

The Guardian, 12th March 2013

Source: www.guardian.co.uk

Disabled people in legal bid to save living fund – BBC News

“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”

Full story

BBC News, 13th March 2013

Source: www.bbc.co.uk

British soldier Michael Maguire was unlawfully killed, inquest rules – The Guardian

Posted March 13th, 2013 in armed forces, firearms, health & safety, inquests, news, unlawful killing by sally

“A soldier was unlawfully killed when he was hit in the head by a machine-gun bullet as he rested in a supposedly safe area next to a firing range, an inquest jury has ruled.”

Full story

The Guardian, 13th March 2013

Source: www.guardian.co.uk

Historic Royal Charter on press regulation close to being agreed – The Independent

Posted March 13th, 2013 in charters, defamation, freedom of expression, media, news, regulations by sally

“The three leading political parties were last night close to signing up to a historic Royal Charter to implement the recommendations of Lord Justice Leveson on reforming regulation of the press.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

Rape investigations ‘undermined by belief that false accusations are rife’ – The Guardian

Posted March 13th, 2013 in news, prosecutions, rape, victims, wasting police time by sally

“A ‘misplaced belief’ that false accusations of rape or domestic violence are commonplace may be undermining police and prosecutors’ efforts to investigate such crimes, the director of public prosecutions has warned.”

Full story

The Guardian, 13th March 2013

Source: www.guardian.co.uk