BAILII: Recent Decisions

Posted May 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

O’ Grady Plant and Haulage Ltd & Ors v London Borough of Tower Hamlets [2011] EWCA Crim 1339 (27 May 2011)

Guthrie & Ors, R. v [2011] EWCA Crim 1338 (26 May 2011)

Court of Appeal (Civil Division)

Zurich Insurance Company Plc v Hayward [2011] EWCA Civ 641 (27 May 2011)

AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647 (27 May 2011)

JP Morgan Europe Ltd v Chweidan [2011] EWCA Civ 648 (27 May 2011)

C v D [2011] EWCA Civ 646 (27 May 2011)

Conarken Group Ltd & Anor v Network Rail Infrastructure Ltd [2011] EWCA Civ 644 (27 May 2011)

Shoesmith, R (on the application of) v OFSTED & Ors [2011] EWCA Civ 642 (27 May 2011)

Howe v London Borough of Hammersmith and Fulham [2011] EWCA Civ 619 (27 May 2011)

High Court (Queen’s Bench Division)

Thornton v Telegraph Media Group Ltd [2011] EWHC 1376 (QB) (27 May 2011)

Goodwin v News Group Newspapers Ltd [2011] EWHC 1341 (QB) (27 May 2011)

High Court (Chancery Division)

The Office of Fair Trading v Ashbourne Management Services Ltd & Ors [2011] EWHC 1237 (Ch) (27 May 2011)

High Court (Administrative Court)

Ahmed, R (on the application of) v The National Probation Service & Anor [2011] EWHC 1332 (Admin) (27 May 2011)

Source: www.bailii.org

Legal aid faces threat of further cuts following rape backlash – Law Society’s Gazette

Posted May 27th, 2011 in budgets, legal aid, legal services, news by sally

“The government is considering fresh legal aid cuts, the Gazette has learned, because Kenneth Clarke’s politically maladroit remarks about rape sentencing have jeopardised its bid to save money by cutting the prison population.”

Full story

Law Society’s Gazette, 27th May 2011

Source: www.lawgazette.co.uk

Judge refuses to prosecute press for naming Fred Goodwin ‘mistress’ – Daily Telegraph

Posted May 27th, 2011 in attorney general, contempt of court, injunctions, news by sally

“Lawyers representing a woman who allegedly had a sexual relationship with former bank boss Sir Fred Goodwin failed today in an attempt to persuade a judge to launch contempt proceedings against a national newspaper.”

Full story

Daily Telegraph, 27th May 2011

Source: www.telegraph.co.uk

Iaia v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily

Posted May 27th, 2011 in damages, EC law, law reports, limitations by sally

Iaia v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-452/09); [2011] WLR (D) 180

“A member state could rely on the expiry of a reasonable limitation period as a defence in legal proceedings brought by an individual seeking compensation for the member state’s failure to implement a Directive correctly provided the member state was not responsible for the delay in the claimant’s ability to bring the action.”

WLR Daily, 19th May 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.

Millburn-Snell and others v Evans – WLR Daily

Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179

“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”

WLR Daily, 25th May 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 v Hull – WLR Daily

Posted May 27th, 2011 in appeals, jurisdiction, law reports, news, sentencing, transfer of prisoners by sally

Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177

“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

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

FKI Engineering Ltd and another v Stribog Ltd – WLR Daily

FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178

“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”

WLR Daily, 25th May 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.

Q (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted May 27th, 2011 in asylum, law reports, notification by sally

Q (Somalia) v Secretary of State for the Home Department [2011] WLR (D) 176

“It was not the case that section 72(9)(b) of the Nationality, Immigration and Asylum Act 2002 only applied if the Secretary of State had notified the applicant that he had issued a certificate under the section.”

WLR Daily, 23rd May 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.

Baby Peter sacking: Sharon Shoesmith wins appeal – BBC News

Posted May 27th, 2011 in appeals, child abuse, news, social services, unfair dismissal by sally

“An ex-social services director says she is ‘thrilled’ to have won an appeal against a ruling that her sacking after Baby Peter’s death was lawful.”

Full story

BBC News, 27th May 2011

Source: www.bbc.co.uk

Sentencing for drug offences – reminder to contribute to consultation – Sentencing Council

Posted May 27th, 2011 in consultations, drug offences, news, sentencing by sally

“The consultation on the Sentencing Council’s draft guideline on drug offences will close on 20 June and with this date approaching, the Council is keen to encourage legal professionals with experience or an interest in the subject to contribute their views.”

Full story

Sentencing Council, 26th May 2011

Source: sentencingcouncil.judiciary.gov.uk

Regulation of referral fees for legal services – Legal Services Board

Posted May 27th, 2011 in fees, legal profession, legal services, news by sally

“Launch of decision paper marks conclusion of review into the operation of referral fees in the legal services sector.”

Press release

Legal Services Board, 27th May 2011

Source: www.legalservicesboard.org.uk

BAILII: Recent Decisions

Posted May 27th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Grant, Re [2011] EWCA Civ 643 (26 May 2011)

Southgate & Anor v Sutton & Ors [2011] EWCA Civ 637 (26 May 2011)

Hulme v Secretary of State for Communities and Local Government & Anor [2011] EWCA Civ 638 (26 May 2011)

Belka v Prosperini [2011] EWCA Civ 623 (26 May 2011)

Berry & Marshall (Bolton Wood) Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs & Ors [2011] EWCA Civ 636 (26 May 2011)

High Court (Queen’s Bench Division)

Henry v News Group Newspapers Ltd & Ors [2011] EWHC 1364 (QB) (26 May 2011)

High Court (Chancery Division)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC B11 (Ch) (17 May 2011)

High Court (Administrative Court)

Hosny v The General Medical Council [2011] EWHC 1355 (Admin) (26 May 2011)

Marathon Restaurant v London Borough of Camden [2011] EWHC 1339 (Admin) (26 May 2011)

High Court (Technology and Construction Court)

Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor [2011] EWHC 1352 (TCC) (26 May 2011)

Source: www.bailii.org

RE teacher Gary Smith’s Muslim attackers jailed – BBC News

Posted May 27th, 2011 in grievous bodily harm, news, sentencing by sally

“Four Muslim men who assaulted a religious education teacher because they did not approve of him teaching Muslim girls have been jailed.”

Full story

BBC News, 26th May 2011

Source: www.bbc.co.uk

New criminal justice stats underline need to tackle reoffending – Ministry of Justice

Posted May 27th, 2011 in criminal justice, news, recidivists, sentencing by sally

“New Criminal Justice Statistics – published for the first time today – show a dramatic increase in the number of criminals who persistently reoffend.”

Full story

Ministry of Justice, 26th May 2011

Source: www.justice.gov.uk

‘Pale, male’ courts in Wales ‘need more women judges’ – BBC News

Posted May 27th, 2011 in diversity, judiciary, news, Wales, women by sally

“The low number of women judges in Wales is due to a ‘lack of role models’, according to a Welsh tribunal judge.”

Full story

BBC News, 27th May 2011

Source: www.bbc.co.uk

Appeal court to rule on council sacking after Baby P’s death – The Guardian

Posted May 27th, 2011 in appeals, child abuse, news, social services, unfair dismissal by sally

“Haringey’s former head of child services will learn today if she has won her court of appeal battle over her sacking in the wake of the Baby P tragedy.”

Full story

The Guardian, 27th May 2011

Source: www.guardian.co.uk

#Without Prejudice 6: Tomlinson – Separation of powers and injunctions – Privacy – and The Role of GCs – Charon QC

Posted May 27th, 2011 in injunctions, legal profession, podcasts by sally

“Tim Bratton blogs in a personal capacity – and his latest post: One for the students: so, you want to work at Big Law? Is a good one for law students, particularly.

David Allen Green, solicitor, is the author of the Jack of Kent blog and is the legal correspondent at The New Statesman. Carl Gardner is an ex-government lawyer and is the author of the Head of Legal blog.”

Podcast

Charon QC, 26th May 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.