BAILII: Recent Decisions

Posted January 26th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Wilson, R v [2011] EWCA Crim 16 (25 January 2011)

Earle v R. [2011] EWCA Crim 17 (25 January 2011)

Court of Appeal (Civil Division)

TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)

Sibthorpe & Anor v London Borough of Southwark [2011] EWCA Civ 25 (25 January 2011)

Barratt & Anor v Ashford Borough Council [2011] EWCA Civ 27 (25 January 2011)

High Court (Chancery Division)

McCullough v Armstrong [2011] EWHC 67 (Ch) (21 January 2011)

Clark & Anor, R. v [2011] EWCA Crim 15 (25 January 2011)

Source: www.bailii.org

Tesler v Government of the United States of America – WLR Daily

Posted January 26th, 2011 in extradition, joint enterprise, law reports by sally

Tesler v Government of the United States of America [2011] EWHC 52 (Admin); [2011] WLR (D) 14

“The requirement in s 137(2)(a) of the Extradition Act 2003 for conduct to have occurred in a category 2 territory in order to constitute an extradition offence in relation to that territory was capable of being satisfied by acts performed entirely outside the territory where the perpetrator was participating in a joint enterprise with another person in the territory an object of which was to benefit that other person.”

WLR Daily, 25th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Counter terrorism review set to be published – BBC News

Posted January 26th, 2011 in news, terrorism by sally

“The government is set to publish its long-awaited proposed reforms to counter terrorism powers.”

Full story

BBC News, 26th January 2011

Source: www.bbc.co.uk

MI5 and MI6 secrecy move ‘threatens press freedoms’ – The Guardian

“Proposals by MI5 and MI6 to extend courtroom secrecy to civil trials would unfairly restrict the right of the media to act as the ‘eyes and ears’ of the public, the supreme court heard today (25 January).”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

IPCC probes Luton park siege shooting case – BBC News

Posted January 26th, 2011 in complaints, firearms, news, police by sally

“An independent watchdog is looking into the fatal shooting of a man during a police stand-off at a park in Luton.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

New laws may be ‘only way forward’ to combat hacking of MPs’ phones – The Guardian

Posted January 26th, 2011 in interception, news, parliament by sally

“MPs today (25 January) heard calls for new legislation that would give parliament powers to impose sanctions against individuals involved in phone hacking, even if the police decided not to proceed with a case.”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

London bus driver jailed for passenger rape – BBC News

Posted January 26th, 2011 in news, rape, sentencing by sally

“A bus driver has been jailed for eight years for raping a female passenger who had taken his night bus in west London.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

Girl convicted after making false rape allegation – The Guardian

Posted January 25th, 2011 in news, perverting the course of justice, rape by sally

“A girl who claimed she was raped when she was a 15-year-old virgin was today convicted of attempting to pervert the course of justice by making a false allegation.”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Net piracy gets its day in court – BBC News

Posted January 25th, 2011 in copyright, evidence, internet, law firms, news by sally

“Illegal file-sharing is under the spotlight as 26 alleged net pirates appear in court but, in a bizarre twist, it is the law firm that brought the cases that appears to be on trial.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

Lord Taylor found guilty of expenses fraud – The Guardian

Posted January 25th, 2011 in expenses, false accounting, news, parliament, peerages & dignities by sally

“Lord Taylor of Warwick today became the first peer to be convicted in connection with the parliamentary expenses investigation, when a jury found him guilty of dishonestly claiming £11,277 in allowances.”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Christian hoteliers appeal against ban on gay couple – BBC News

Posted January 25th, 2011 in appeals, Christianity, news, sexual orientation discrimination by sally

“The Christian owners of a Cornwall hotel who unlawfully refused to allow a gay couple a double room have appealed.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 25th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for Justice v Slee [2011] EWCA Civ 23 (24 January 2011)

High Court (Commercial Court)

Golden Ocean Group Ltd. v Salgaocar Mining Industries PVT Ltd & Anor [2011] EWHC 56 (Comm) (21 January 2011)

BMT Marine and Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011] EWHC 32 (Comm) (24 January 2011)

Source: www.bailii.org

Ex-Guantánamo inmates take on MI5 and MI6 over courtoom secrecy – The Guardian

Posted January 25th, 2011 in disclosure, news, private hearings, public interest, terrorism by sally

“An attempt by MI5 and MI6 to extend courtroom secrecy has led to a legal battle at the supreme court, with lawyers representing former Guantánamo inmates and the media denouncing the proposal as ‘unconstitutional and excessive’.”

Full story

The Guardian, 24th January 2011

Source: www.guardian.co.uk

CLECE SA v Martín Valor and another – WLR Daily

Posted January 25th, 2011 in contracts, employment, law reports, transfer of undertakings by sally

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law firm ACS: Law stops ‘chasing illegal file-sharers’ – BBC News

Posted January 25th, 2011 in copyright, internet, law firms, news by sally

“A lawyer has dramatically withdrawn from pursuing alleged illegal file-sharers in the middle of a court case he brought.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

Phone-hacking scandal: DPP orders ‘robust approach’ – The Guardian

“The Crown Prosecution Service is to adopt a ‘robust approach’ in examining ‘recent or new substantive allegations’ of phone hacking.”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Banks launch PPI challenge in high court – The Guardian

Posted January 25th, 2011 in banking, complaints, consumer protection, insurance, news by sally

“High street banks will launch a high court challenge today against rules controlling their handling of complaints about payment protection insurance (PPI).”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Privacy watchdog urges stronger data protection in EU law review – OUT-LAW.com

Posted January 25th, 2011 in data protection, news, privacy by sally

“Organisations which lose personal data should be forced to disclose the data security breach, the European Union’s privacy watchdog has said. Planned changes to EU privacy law do not go far enough, said the official.”

Full story

OUT-LAW.com, 24th January 2011

Source: www.out-law.com

Why lawyers who fall foul of the legal watchdog should be named – The Guardian

Posted January 25th, 2011 in complaints, legal ombudsman, legal profession, news, public interest by sally

“Complaints are the legal profession’s achilles heel. It was the Law Society’s failure to deal properly with complaints against solicitors in the late 1990s that helped trigger the reform process that led to the Legal Services Act 2007 – and a key element of the act is the new, independent Legal Ombudsman (LEO) service.”

Full story

The Guardian, 24th January 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 24th, 2011 in legislation by sally

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2011

The Flood and Water Management Act 2010 (Commencement No. 2) Order 2011

Source: www.legislation.gov.uk