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Month: May 2011
‘Staff failed’ in Newport police cell death says IPCC – BBC News
“An investigation by the Independent Police Complaints Commission (IPCC) into the death of a ‘vulnerable’ man in a police cell has found “staff failed” to protect him.”
BBC News, 25th May 2011
Source: www.bbc.co.uk
Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] – WLR Daily
“In addition to complying with the statutory requirements for detaining a foreign national who was awaiting deportation from the United Kingdom, the Secretary of State was also required to comply with the published Home Office policy relating to the detention of such persons. A failure to conduct regular reviews as required by the published policy rendered the continued detention of a foreign national unlawful so as entitle him to damages for false imprisonment.”
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 Redmond – WLR Daily
Regina v Redmond [2011] EWCA Crim 203; [2011] WLR (D) 174
“Although a defendant, who had pleaded guilty to being knowingly concerned in the fraudulent evasion of the duty chargeable on cigarettes, was not liable to pay the duty if he was not holding the cigarettes at the excise duty point and had not caused them to reach it, he was liable to pay VAT on the consignment. That was therefore a liability which he had evaded ‘as a result of or in connection with’ the criminal conduct of which he was convicted, and amounted to a “benefit” within the meaning of section 75(6) of the Proceeds of Crime Act 2002.”
WLR Daily, 24th 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.
Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL – WLR Daily
“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”
WLR Daily, 24th 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.
NSPCC says child sex abuse has risen to 64 crimes a day – BBC News
“At least 64 children are sexually abused every day in England and Wales, figures obtained by the NSPCC suggest.”
BBC News, 26th May 2011
Source: www.bbc.co.uk
Legal bid to halt Sittingbourne magistrates court closure – The Guardian
“The fate of a Victorian magistrates building serving a deprived part of Kent has emerged as a test case for opposition to government plans to close nearly 150 courts across the country.”
The Guardian, 25th May 2011
Source: www.guardian.co.uk
Quarter of young offenders ‘come from care homes’ – BBC News
“A quarter of the 1,600 children held in young offenders’ institutions in England and Wales have been in care, a report by prison inspectors has found.”
BBC News, 26th May 2011
Source: www.bbc.co.uk
Twitter will notify users accused of gagging order breaches – The Guardian
“Twitter will notify its users before handing their personal information to UK authorities seeking to prosecute them over alleged breaches of privacy injunctions, a senior executive at the company said on Thursday.”
The Guardian, 25th May 2011
Source: www.guardian.co.uk
Jury set to retire in Lord Hanningfield expenses trial – BBC News
“The jury in the case of a Conservative peer accused of expenses fraud is due to retire to consider its verdict on Thursday.”
BBC News, 25th May 2011
Source: www.bbc.co.uk
£137,000 benefits scam pair jailed – The Independent
“A couple who lived a luxury lifestyle on the back of a £137,000 benefits swindle were both jailed for 16 months today.”
The Independent, 25th May 2011
Source: www.independent.co.uk
Superinjunctions: Judge defends role in financier’s secret libel suit – The Guardian
“The judge who has allowed a financier to bring a secret libel suit against his own sister-in-law defended his decision to make all the parties anonymous on Wednesday, in the wake of the uproar over superinjunctions and the outing of footballer Ryan Giggs in defiance of court orders.”
The Guardian, 25th May 2011
Source: www.guardian.co.uk
There is more to privacy law than injunctions on secrets – The Guardian
“That’s why it should be a matter for parliament, not a running battle between the media and the courts.”
The Guardian, 25th May 2011
Source: www.guardian.co.uk
ICO gives site operators a year to comply with new cookie law – OUT-LAW.com
“Website operators have a year to change the way they use cookies to comply with new laws, the Information Commissioner’s Office (ICO) has said. Those that make no effort to change could still face sanctions, though, the ICO said.”
Full story
OUT-LAW.com, 25th May 2011
Source: www.out-law.com
Rape attack lies girl sentenced – BBC News
“A Bedford girl who had sex with three men and then claimed she had been raped has been given a suspended sentence.”
BBC News, 25th May 2011
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22 (25 May 2011)
SK (Zimbabwe) v Secretary of State for the Home Department [2011] UKSC 23 (25 May 2011)
Fraser v Her Majesty’s Advocate [2011] UKSC 24 (25 May 2011)
Court of Appeal (Criminal Division)
Spencer, R. v [2011] EWCA Crim 1231 (20 April 2011)
Thomas, R. v [2011] EWCA Crim 1295 (25 May 2011)
Court of Appeal (Civil Division)
K Children), Re [2011] EWCA Civ 635 (25 May 2011)
Millburn -Snell & Ots v Evans [2011] EWCA Civ 577 (25 May 2011)
Arash Shipping Enterprises Company Ltd v Groupama Transport [2011] EWCA Civ 620 (25 May 2011)
Stribog Ltd v FKI Engineering Ltd [2011] EWCA Civ 622 (25 May 2011)
High Court (Queen’s Bench Division)
Wright v (Deccan Chargers Sporting Ventures Ltd & Anor [2011] EWHC 1307 (QB) (25 May 2011)
High Court (Administrative Court)
High Court (Commercial Court)
Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2011] EWHC 1312 (Comm) (25 May 2011)
TMT Asia Ltd v Marine Trade SA [2011] EWHC 1327 (Comm) (25 May 2011)
High Court (Technology and Construction Court)
Tinseltime Ltd. v Eryl Roberts [2011] EWHC 1199 (TCC) (13 May 2011)
High Court (Patents Court)
Les Laboratoires Servier & Anor v Apotex Inc. & Ors [2011] EWHC 1318 (Pat) (11 May 2011)
Source: www.bailii.org
Home Office falsely imprisoned sex offender – The Guardian
“The Home Office falsely imprisoned a convicted sex offender in immigration detention for two years because of a failure to carry out regular reviews, a court has ruled.”
The Guardian, 25th May 2011
Source: www.guardian.co.uk
