BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Baxendale- Walker v Middleton & Ors [2011] EWHC 998 (QB) (18 April 2011)
High Court (Administrative Court)
Source: www.bailii.org
Month: April 2011
Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily
Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136
“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”
WLR Daily, 14th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Royal succession reform is being discussed, Clegg says – BBC News
“The government is consulting Commonwealth countries about changing the laws on royal succession, Deputy Prime Minister Nick Clegg has said.”
BBC News, 16th April 2011
Source: www.bbc.co.uk
Public sector workers launch legal challenge to pension reforms – Daily Telegraph
“Public sector workers have launched a legal challenge in the High Count to prevent changes to their gold-plated pensions.”
Daily Telegraph, 16th April 2011
Source: www.telegraph.co.uk
Beware of cut-price offers when you come to making your will – The Guardian
“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”
The Guardian, 17th April 2011
Source: www.guardian.co.uk
Lawyers claim £645 million family breakdown legal aid bill – Daily Telegraph
“Legal aid lawyers are making £645 million from taxpayers over family breakdowns each year – £28 for every household in England and Wales.”
Daily Telegraph, 17th April 2011
Source: www.telegraph.co.uk
Environmental campaigners angry as green laws labelled as red tape – The Guardian
“Environmental campaigners have condemned the coalition’s inclusion of all of Britain’s 278 environmental laws in a list of ‘red tape’ regulations considered by the public for the axe.”
The Guardian, 17th April 2011
Source: www.guardian.co.uk
Ruling on late abortion figures challenged in court – Daily Telegraph
“The Department of Health is making a High Court challenge today to stop figures being published on the number of late abortions on ‘less than perfect’ foetuses with physical abnormalities, including cleft palate and club foot.”
Daily Telegraph, 18th April 2011
Source: www.telegraph.co.uk
NHS bill to change ‘substantively’, says Oliver Letwin – BBC News
“‘Substantive’ changes are to be made to the controversial NHS bill which is going through parliament, Cabinet Office minister Oliver Letwin says.”
BBC News, 16th April 2011
Source: www.bbc.co.uk
Kenneth Clarke: prison is a waste of money – The Guardian
“The rate of jail sentencing is ‘financially unsustainable’, the justice secretary, Kenneth Clarke, has said, delivering a defiant riposte to critics within his own party and the tabloid press who have suggested that his plans to overhaul the penal system are soft on crime.”
The Guardian, 16th April 2011
Source: www.guardian.co.uk
Couple told to cool off in £400m divorce battle – The Independent
“In what has become one of Britain’s most acrimonious and high-profile divorce battles, including walk-on roles for Simon Cowell and Sir Philip Green, a couple at war over a £400m ‘missing fortune’ has been given six months to ‘cool off’ after a week of bitter exchanges in the High Court.”
The Independent, 16th April 2011
Source: www.independent.co.uk
New breed of gagging order could send journalists to jail, MP claims – The Guardian
“An MP who is launching an inquiry into excessive and possibly unlawful court secrecy says a new type of gagging order is hampering the work of investigative journalists.”
The Guardian, 17th April 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
H and L v A City Council [2011] EWCA Civ 403 (14 April 2011)
Marcroft v Heartland (Midlands) Ltd [2011] EWCA Civ 438 (14 April 2011)
Desai v National Car Parks Services (NCP) [2011] EWCA Civ 402 (14 April 2011)
Court of Appeal (Criminal Division)
Deeney, R. v [2011] EWCA Crim 893 (14 April 2011)
R & Anor, R. v [2011] EWCA Crim 944 (13 April 2011)
Letchford & Ors, R. v [2011] EWCA Crim 943 (13 April 2011)
High Court (Administrative Court)
Inzunza & Ors v United States of America & Ors (Rev 1) [2011] EWHC 920 (Admin) (14 April 2011)
High Court (Chancery Division)
Europeans Ltd v Revenue and Customs [2011] EWHC 948 (Ch) (13 April 2011)
High Court (Commercial Court)
Dhanani v Crasnianski [2011] EWHC 926 (Comm) (15 April 2011)
Al- Sadi v Al- Sadi [2011] EWHC 976 (Comm) (14 April 2011)
High Court (Patents Court)
H Lundbeck AS v Norpharma SPA & Ors [2011] EWHC 907 (Pat) (14 April 2011)
High Court (Queen’s Bench Division)
Double G Communications Ltd v News Group International Ltd [2011] EWHC 961 (QB) (14 April 2011)
Goodwill SIP Ltd & Ors v London Borough of Newham [2011] EWHC 980 (QB) (14 April 2011)
Source: www.bailii.org
Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily
“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 13th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Albert Court Residents Association and others) v Westminster City Council – WLR Daily
“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”
WLR Daily, 13th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Jenson and another v Faux – WLR Daily
Jenson and another v Faux [2011] EWCA Civ 423; [2011] WLR (D) 133
“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”
WLR Daily, 13th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Baker v Quantum Clothing Group Ltd and others – WLR Daily
Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17; [2011] WLR (D) 132
“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”
WLR Daily, 13th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Eversheds and DLA Piper lose employment tribunal cases – Law Society’s Gazette
“Two national firms have separately lost appeals in the employment tribunal over their redundancy selection procedures.”
Law Society’s Gazette, 14th April 2011
Source: www.lawgazette.co.uk
