BAILII: Recent Decisions

Posted September 29th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell, R v [2011] EWCA Crim 2030 (05 August 2011)

Court of Appeal (Civil Division)

Cambridge, R v [2011] EWCA Crim 2009 (2 August 2011)

High Court (Queen’s Bench Division)

Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

High Court (Family Division)

W v M & Ors [2011] EWHC 2443 (Fam) (28 September 2011)

Source: www.bailii.org

Williams and others v British Airways plc (Case C-155/10) – WLR Daily

Posted September 29th, 2011 in airlines, EC law, employment, law reports, remuneration, working time by sally

Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282

“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

Detention of mentally ill foreign national violated Convention rights – Daniel Sokol – UK Human Rights Blog

Posted September 29th, 2011 in deportation, detention, human rights, mental health, news by sally

“The High Court has found that the Secretary of State unlawfully detained a mentally ill foreign national who was awaiting deportation. By failing to notify the claimant of the deportation order in good time or to follow the Home Office’s own published policies on the detention of mentally ill persons, and by detaining the claimant in degrading conditions, the Secretary of State had breached Article 3 (prohibition of inhuman and degrading treatment) and Article 5 (right to liberty and security of person) of the Convention.”

Full story

UK Human Rights Blog, 29th September 2011

Source: www.ukhumanrightsblog.com

Courts in a clash – in in-depth look at a closely watched Supreme Court ruling on arbitrators – Legal Week

Posted September 29th, 2011 in arbitration, news, Supreme Court by sally

“Hogan Lovells’ Jerome Finnis dissects a surprise decision by the Court of Appeal regarding the nationality of arbitrators, and why the Supreme Court reversed it.”

Full story

Legal Week, 29th September 2011

Source: www.legalweek.com

2012 Olympic short term landlords ‘could face fines’ – BBC News

Posted September 29th, 2011 in fines, landlord & tenant, news by sally

“Londoners hoping to rent out their homes during the Olympics are being warned they could be breaking the law and left facing a fine.”

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BBC News, 28th September 2011

Source: www.bbc.co.uk

Pay shake-up at criminal Bar could see QCs paid at same level as leading juniors – Legal Week

Posted September 29th, 2011 in barristers, fees, news, queen's counsel, remuneration by sally

“Criminal silks could see a significant drop in pay to match the rates of leading junior barristers, following recommendations made by the Legal Services Commission (LSC) last week.”

Full story

Legal Week, 28th September 2011

Source: www.legalweek.com

Shrien Dewani extradition signed for possible South Africa murder trial – The Guardian

Posted September 29th, 2011 in extradition, murder, news, post-traumatic stress disorder by sally

“The prospect of the British man Shrien Dewani being flown to South Africa to face trial over the murder of his wife, Anni, moved a step closer when the home secretary signed an order for his extradition.”

Full story

The Guardian, 28th September 2011

Source: www.guardian.co.uk

Strict liability for offence of under-age sex does not offend presumption of innocence – UK Human Rights Blog

Posted September 29th, 2011 in age of consent, human rights, news, sexual offences, strict liability by sally

“The Strasbourg Court has rejected as manifestly ill-founded a complaint that the offence of strict liability for rape of a child under 13 violated the right to a presumption if innocence under Article 6 and respect for private life under Article 8.”

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UK Human Rights Blog, 28th September 2011

Source: www.ukhumanrightsblog.com

Internet policing is ‘inevitable’ – Law Society’s Gazette

Posted September 29th, 2011 in freedom of expression, internet, media, news, privacy, public interest by sally

“State-imposed control of the internet is ‘inevitable’ if the conflict between the right to privacy and a free press is ever to be resolved, lawyers and journalists suggested last week at a Law Society public debate.”

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Law Society’s Gazette, 29th September 2011

Source: www:lawgazette.co.uk

No Government decision on unfair dismissal claims – The Independent

Posted September 29th, 2011 in employment, news, unfair dismissal by sally

“The Government today insisted it had made no final decision on whether to increase the qualifying period for unfair dismissal claims from 12 months to two years and was still considering responses to a consultation.”

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The Independent, 28th September 2011

Source: www.independent.co.uk

Met spending inquiry led to conviction of six officers, says IPCC – The Guardian

Posted September 29th, 2011 in complaints, disciplinary procedures, expenses, fraud, news, police by sally

“A four-year inquiry into £3.7m worth of ‘unreconciled’ spending on corporate credit cards by members of Scotland Yard has led to the conviction of six officers, and the disciplining of 34 others, the Independent Police Complaints Commission (IPCC) said.”

Full story

The Guardian, 28th September 2011

Source: www.guardian.co.uk

Aiden Jackson guilty of murdering David Cowley – BBC News

Posted September 29th, 2011 in anonymity, murder, news, young offenders by sally

“An 18-year-old man has been found guilty of murdering a man he arranged to meet for a sexual act.”

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BBC News, 28th September 2011

Source: www.bbc.co.uk

Attorney general returns to unique role over legal aid reform – The Guardian

Posted September 29th, 2011 in attorney general, legal aid, litigants in person, news by sally

“The attorney general is to intervene in the controversy over cuts to family justice, according to the Times. Dominic Grieve is to tell Ken Clarke that the lord chancellor’s proposals would clog up the courts with unrepresented litigants.”

Full story

The Guardian, 28th September 2011

Source: www.guardian.co.uk