Month: October 2011
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Blackshaw, R. v [2011] EWCA Crim 2312 (18 October 2011)
Hindley, R. v [2011] EWCA Crim 2100 (28 July 2011)
Court of Appeal (Civil Division)
The Financial Services Authority v Sinaloa Gold Plc & Ors [2011] EWCA Civ 1158 (18 October 2011)
High Court (Chancery Division)
City Index Ltd (t/a Finspreads) v Balducci [2011] EWHC 2562 (Ch) (07 October 2011)
High Court (Administrative Court)
DL & Anor v London Borough of Newham [2011] EWHC 2666 (Admin) (18 October 2011)
High Court (Commercial Court)
Lornamead Acquisitions Ltd v Kaupthing Bank HF [2011] EWHC 2611 (Comm) (18 October 2011)
Stiedl v Enyo Law LLP & Ors [2011] EWHC 2649 (Comm) (18 October 2011)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
Justice in a time of economic crisis and in the age of the internet – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Justice in a time of economic crisis and in the age of the internet (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
High Sheriff’s Lecture 2011, 13th October 2011
Source: www.judiciary.gov.uk
Appeal court riot ruling is firm but fair – The Guardian
“Severe punishment for those taking part in public disorder is right, as a matter of law and of common sense.”
The Guardian, 18th October 2011
Source: www.guardian.co.uk
Analysis: Laying down the law on riots – BBC News
“If we know one thing for certain about the England riots, it’s that the public have been urging the courts to dish out some serious punishment.”
BBC News, 18th October 2011
Source: www.bbc.co.uk
Home secretary should lose power to meddle in extradition cases, panel says – The Guardian
“The home secretary should lose the power to intervene on human rights grounds in extradition cases, an official judge-led inquiry has recommended.”
The Guardian, 18th October 2011
Source: www.guardian.co.uk
Society calls for delay to legal aid bill – Law Society’s Gazette
“The Law Society today called on the government to delay passage of the Legal Aid, Sentencing and Punishment of Offenders Bill, after Jonathan Djanogly was stripped of responsibility for regulating claims management companies.”
Law Society’s Gazette, 18th October 2011
Source: www.lawgazette.co.uk
UK extradition review: Key cases – BBC News
“The coalition government pledged to review extradition. The review, led by Sir Scott Baker, a former Court of Appeal judge, looked at extradition arrangements to the US and the European Union, which are covered by two separate pieces of law.”
BBC News, 18th October 2011
Source: www.bbc.co.uk
Examiners will not automatically rule computerisations of mental acts unpatentable, IPO says – OUT-LAW.com
“The UK’s Intellectual Property Office has changed its guidance on how its reviewers will consider the ‘mental act’ exemption to patentability when assessing patent applications for computer-implemented inventions.”
OUT-LAW.com, 18th October 2011
Source: www.out-law.com
Lord Hanningfield seeks damages over ‘unlawful arrest’ – BBC News
“Lord Hanningfield has threatened legal action over his ‘unlawful arrest’ over money claimed when he was leader of Essex County Council.”
BBC News, 18th October 2011
Source: www.bbc.co.uk
Morrissey’s NME libel case: judge to decide on jury trial – The Guardian
“Britain’s most senior libel judge is considering whether to grant Morrissey a high court trial before a jury over an NME magazine interview he claims portrayed him as a ‘racist and a blatant hypocrite’.”
The Guardian, 18th October 2011
Source: www.guardian.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Syria (Asset-Freezing) (Amendment) Regulations 2011
The Cluster Munitions (Prohibitions) Act 2010 (Isle of Man) Order 2011
The Air Navigation (Restriction of Flying) (London Remembrance Events) (Amendment) Regulations 2011
The Air Navigation (Restriction of Flying) (Sculthorpe Airfield) (Revocation) Regulations 2011
The Immigration (Guernsey) Order 2011
The Bus Service Operators Grant (England) (Amendment) Regulations 2011
Source: www.legislation.gov.uk
In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies – WLR Daily
“Neither the obligation to comply with a financial support direction issued by the Pensions Regulator under section 43 of the Pensions Act 2004 nor the obligation to pay the trustees of the relevant occupational pension scheme the sum specified in a contribution notice issued under section 47 of the 2004 Act, following non-compliance with the direction, constituted a provable debt in an administration or liquidation within the meaning of rule 13.12 of the Insolvency Rules 1986 where the direction was issued after the commencement of the insolvency process; such obligations ranked instead as an expense of the administration or liquidation.”
WLR Daily, 14th October 2011
Source: www.iclr.co.uk
Qualified Assurance Scheme for Advocates (Crime) Revision – Bar Standards Board
“The Joint Advocacy Group (JAG) has agreed a programme of further work so that the Quality Assurance Scheme for Advocates in criminal cases (QASA) can be implemented in stages from April 2012.”
Bar Standards Board, 17th October 2011
Source: www.barstandardsboard.org.uk
Crown Court Sentencing Survey – first results published – Sentencing Council
“The Sentencing Council has published a report with results from the Crown Court Sentencing Survey, an ongoing data collection exercise of sentencing decisions made in the Crown Court that is required for the Council to comply with the terms of the Coroners and Justice Act 2009.
The report presents the findings of the first six months of the survey. It can be accessed here.”
Sentencing Council, 18th October 2011
England riots: Court rejects seven of 10 sentence appeals – BBC News
“The Court of Appeal has rejected seven of 10 sentence appeals by people jailed over August’s rioting in England.”
BBC News, 18th October 2011
Source: www.bbc.co.uk
Independent schools can decide charitable status, says Tribunal – UK Human Rights Blog
” It is not for the Charity Commission or the courts to impose on trustees of a school their own idea of what is for the ‘public benefit’ so as to qualify for charitable status, the Upper Tribunal has ruled. In a detailed assessment of the law on charitable status both before and after the Charities Act, the Tribunal has indicated that the Act has not introduced any legal requirement to act in a way prescribed by the Charity Commission or anyone else. Provided they run their charity to ensure that the poor are able to benefit in a way that is more than minimal or tokenistic, they should be free to make their own considered assessment of what is for the ‘public benefit’ in the circumstances pertaining to their own institution.”
UK Human Rights Blog, 18th October 2011
Source: www.ukhumanrightsblog.com
IPCC says police failed murdered young mother – The Independent
“A young mother was beaten to death by her violent ex-partner after police failed to intervene 11 times, investigators said today.”
The Independent, 18th October 2011
Source: www.independent.co.uk
