BAILII: Recent Decisions

Posted January 26th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Kuehne & Ors v Revenue and Customs [2012] EWCA Civ 34 (26 January 2012)

Mugweni v NHS London [2011] EWCA Civ 20 (26 January 2012)

AA (Iraq), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 23 (24 January 2012)

High Court (Queen’s Bench Division)

Rehman v Brady, The Estate of & Anor [2012] EWHC 78 (QB) (25 January 2012)

Bennett v Stephens & Anor [2012] EWHC 58 (QB) (25 January 2012)

Patel v UNITE the Union [2012] EWHC 92 (QB) (27 January 2012)

High Court (Administrative Court)

Roberts, R (on the application of) v Welsh Ministers [2011] EWHC 3571 (Admin) (21 December 2011)

High Court (Technology and Construction Court)

Herbosh -Kiere Marine Contractors Ltd v Dover Harbour Board [2012] EWHC 84 (TCC) (26 January 2012)

Source: www.bailii.org

Driving instructor Martin Eke jailed for rape – BBC News

Posted January 26th, 2012 in DNA, news, rape, sentencing by sally

“A driving instructor has been jailed for eight years after being found guilty of raping a 21-year-old woman in Kent more than 25 years ago.”

Full story

BBC News, 26th January 2012

Source: www.bbc.co.uk

A Critical Consideration of the Director of Public Prosecutions Guidelines in Relation to Assisted Suicide Prosecutions and their Application to the Law – Halsbury’s Law Exchange

Posted January 26th, 2012 in assisted suicide, doctors, news by sally

“The Suicide Act 1961 changed the law under which it had been a crime for a person to commit suicide.”

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Halsbury’s Law Exchange, 26th January 2012

Source: www.halsburyslawexchange.co.uk

Juror who researched defendant refused leave to appeal – BBC News

Posted January 26th, 2012 in appeals, contempt of court, juries, news by sally

“A juror jailed for researching a defendant’s past on the internet has been refused permission to appeal.”

Full story

BBC News, 26th January 2012

Source: www.bbc.co.uk

CoA ruling on Mulcaire privilege case imminent – The Lawyer

Posted January 26th, 2012 in appeals, news, private investigators, privilege, self-incrimination by sally

“The Court of Appeal will next Wednesday (1 February) decide whether the private investigator at the centre of the News of the World (NoW) phone hacking scandal must disclose who instructed him to intercept voicemails.”

Full story

The Lawyer, 26th January 2012

Source: www.thelawyer.com

Vicar jailed after dozens of sham marriages – The Independent

Posted January 26th, 2012 in Church of England, conspiracy, fraud, marriage, news, sentencing, theft by sally

“A Church of England vicar was jailed for two and a half years today after carrying out dozens of sham marriages allowing illegal immigrants to live in the UK.”

Full story

The Independent, 26th January 2012

Source: www.independent.co.uk

Scrap metal laws to be tightened to tackle theft – BBC News

Posted January 26th, 2012 in fines, news, theft, waste by sally

“Cash payments for scrap metal are to be outlawed and fines ‘significantly increased’ to tackle the growing problem of metal theft.”

Full story

BBC News, 26th January 2012

Source: www.bbc.co.uk

Opponents win custody advice concession in ‘un-costed and unjust’ LASPO – Law Society’s Gazette

Posted January 26th, 2012 in bills, legal aid, news by sally

“The government has abandoned its controversial plan to pave the way for the means-testing of legal advice for suspects detained in police stations.”

Full story

Law Society’s Gazette, 26th January 2012

Source: www.lawgazette.co.uk

Attorney General v Dallas – WLR Daily

Posted January 26th, 2012 in contempt of court, juries, law reports, sentencing by sally

Attorney General v Dallas [2012] WLR (D) 7

“In the context of alleged contempt of court by or affecting a juror or jury in the Crown Court, neither the Attorney General nor the alleged contemnor had any right to seek a trial by jury on indictment. The correct procedure, unless it was appropriate for the Crown Court to deal immediately with the contempt of its own motion (which would itself be an exceptional course of action), was for such cases to be left to the Attorney General to commence proceedings under CPR Sch 1, RSC Ord 52.”

WLR Daily, 23rd January 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 26th, 2012 in law reports by sally

High Court (Chancery Division)

Ross River Ltd & Anor v Waveley Commercial Ltd & Ors [2012] EWHC 81 (Ch) (25 January 2012)

High Court (Commercial Court)

Pacific Basin IHX Ltd v Bulkhandling Handymax AS [2012] EWHC 70 (Comm) (25 January 2012)

Source: www.bailii.org

Command Papers – official-documents.gov.uk

Posted January 26th, 2012 in parliamentary papers by sally

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Arab Emirates for Co-operation in the Peaceful Uses of Nuclear Energy, Cm 8276 (PDF)

Memorandum to Welsh Affairs Committee Post–Legislative Assessment of the Government of Wales Act 2006, Cm 8256 (PDF)

Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters, Cm 8275 (PDF)

Source: www.official-documents.gov.uk

Court of Appeal dismisses William Hill’s 32Red appeal – The Lawyer

Posted January 26th, 2012 in appeals, gambling, news, trade marks by sally

“Bookmaker William Hill has lost an appeal against a High Court ruling that found the gambling giant’s online casino brand 32Vegas infringed a rival company’s trademarks.”

Full story

The Lawyer, 25th January 2012

Source: www.thelawyer.com

Call for inquiry over church child abuse ‘cover-up’ – Law Society’s Gazette

Posted January 26th, 2012 in child abuse, Church of England, inquiries, news by sally

“Child protection lawyers have called for a public inquiry into an alleged cover-up by churches of widespread sexual and physical abuse of children in England and Wales.”

Full story

Law Society’s Gazette, 26th January 2012

Source: www.lawgazette.co.uk

Ex Cleveland PC Sultan Alam awarded £400,000 damages – BBC News

“A former Cleveland Police officer who was wrongfully sent to prison has been awarded almost £400,000 after an 18-year legal fight.”

Full story

BBC News, 26th January 2012

Source: www.bbc.co.uk

Assessment of costs in the brave new world: Eighth lecture in the implementation programme – Speech by Lord Justice Jackson

Posted January 26th, 2012 in civil justice, costs, speeches by sally

Assessment of costs in the brave new world: Eighth lecture in the implementation programme (PDF)

Speech by Lord Justice Jackson

KPMG Forensic’s Leeds Law Lecture, 2012

Source: www.judiciary.gov.uk

Gyms face crackdown on long-term contracts – The Guardian

Posted January 26th, 2012 in consumer protection, news, unfair contract terms by sally

“Ruling expected after the Office of Fair Trading warns fitness centres for a second time within a year over unfair agreements.”

Full story

The Guardian, 25th January 2012

Source: www.guardian.co.uk

Government confirms pension auto-enrolment starting dates – OUT-LAW.com

Posted January 26th, 2012 in company law, news, pensions by sally

“Companies with more than 250 employees will have to automatically enrol their staff into a workplace pension scheme from October as originally planned, the Government has said.”

Full story

OUT-LAW.com, 26th January 2012

Source: www.out-law.com

Strasbourg is for all, Cameron warned – The Guardian

Posted January 26th, 2012 in courts, human rights, news, time limits by sally

“Senior Council of Europe official tells Guardian that UK’s proposals for court reform could weaken ECtHR.”

Full story

The Guardian, 25th January 2012

Source: www.guardian.co.uk

Cameron’s speech on the European court of human rights in full – The Guardian

Posted January 26th, 2012 in constitutional reform, courts, human rights, news, speeches by sally

Cameron’s speech on the European court of human rights in full

The Guardian, 25th January 2012

Source: www.guardian.co.uk

Doctors advised against gagging order contracts – The Guardian

Posted January 26th, 2012 in confidentiality, contract of employment, doctors, news by sally

“Doctors are being instructed by the General Medical Council never to sign a contract with their employer containing a gagging clause that would prevent them from revealing dodgy or substandard practice.”

Full story

The Guardian, 26th January 2012

Source: www.guardian.co.uk