BAILII: Recent Decisions

Posted February 16th, 2012 in law reports by sally

Supreme Court

Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012)

Court of Appeal (Criminal Division)

Chattoo & Ors v R [2012] EWCA Crim 190 (15 February 2012)

High Court (Queen’s Bench Division)

Spelman v Express Newspapers [2012] EWHC 239 (QB) (15 February 2012)

High Court (Family Division)

El Gamal v Al Maktoum [2011] EWHC B27 (Fam) (22 December 2011)

Source: www.bailii.org

Article 8 challenge to enhanced criminal records regime fails at first instance – Robin Hopkins – UK Human Rights Blog

Posted February 16th, 2012 in criminal records, human rights, news by sally

“In July 2002, the Claimant was 11 years old. He received a warning (a private procedure, under the Crime and Disorder Act 1998) from Greater Manchester Police for the theft of two bicycles. His subsequent conduct was apparently exemplary. By section 113B of the Police Act 1997, Enhanced Criminal Record Certificates (ECRCs) must contain all convictions, cautions and warnings.”

Full story

UK Human Rights Blog, 16th February 2012

Source: www.ukhumanrightsblog.com

Police escape charges in 70 per cent of IPCC cases – The Independent

“Prosecutors decided against charging police officers in nearly 70 per cent of the most serious cases of alleged misconduct referred to them by the policing watchdog, according to figures secured under Freedom of Information legislation.”

Full story

The Independent, 16th February 2012

Source: www.independent.co.uk

Firefighter Mark Rutland wins seatbelt court battle – Daily Telegraph

Posted February 16th, 2012 in costs, fines, news, police, road safety by sally

“A fireman was cleared of not wearing a seatbelt after he said a policewoman told him she had to book him because she had targets to hit.”

Full story

Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

RnBXclusive music file sharing site shut down – The Guardian

Posted February 16th, 2012 in copyright, internet, news by sally

“The UK music filesharing site RnBXclusive has been shut down and a man has been arrested amid signs that organised crime officers are cracking down on illegal downloading in Britain.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

The Power of Prayer or the Power to Pray – Hardwicke Chambers

“Bideford Town Council is a parish council in Devon. Each month it holds full council meetings in public. At the start of each meeting there are communal prayers. Prayers are deliberately placed before apologies so that those who do not wish to attend are not marked as absent and can attend after prayers. The prayers are always Christian, led by a Minister from one of the town’s eight Christian Churches. A motion to end prayers was proposed by Mr Bone, a member of the council, and twice defeated, once by 9 votes to 6.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Foreign sex offender finally deported after human rights battle – Daily Telegraph

Posted February 16th, 2012 in deportation, human rights, news, recidivists by sally

“A foreign sex offender, Mohamed Kendeh, who was allowed to remain in the UK to protect his human rights despite attacking 11 women has finally been deported, almost nine years after committing his first offence.”

Full story

Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

Camden council launches legal challenge to HS2 – The Guardian

Posted February 16th, 2012 in housing, judicial review, local government, news, railways by sally

“The ‘great earthquake’ that ‘rent the whole neighbourhood’ was recorded by Charles Dickens in Dombey and Son when a railway first cut through Camden in the early 19th century. Nearly 200 years on, Camden’s residents are stepping up their fight against what they fear will be a smaller, but similar, seismic shock from High Speed 2, the rail scheme given the go-ahead last month.”

Full story

The Guardian, 16th February 2012

Source: www.guardian.co.uk

Stalker Al Amin Dhalla guilty of loaded crossbow charge – BBC News

Posted February 15th, 2012 in arson, harassment, news, offensive weapons, perverting the course of justice, theft by sally

“A former City worker convicted of stalking his former fiancee has been found guilty of possessing a loaded crossbow near her workplace.”

Full story

BBC News, 15th February 2012

Source: www.bbc.co.uk

Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian

“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

SFO operations to be subject to ‘routine’ inspection – OUT-LAW.com

“The Crown Prosecution Service Inspectorate (CPSI) is to ‘shortly’ begin a review of the operations of the Serious Fraud Office (SFO), a spokesperson for the Government’s top legal advisors has said.”

Full story

OUT-LAW.com, 15th February 2012

Source: www.out-law.com

Does a risk of an explosion engage Article 8? – UK Human Rights Blog

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

Full story

UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

Man fined £315 for naked ramble – The Independent

Posted February 15th, 2012 in fines, indecent exposure, news by sally

“A man who rambled through a popular beauty spot naked except for a backpack, boots and a baseball cap has been fined £315.”

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The Independent, 15th February 2012

Source: www.independent.co.uk

The Public Sector Equality Duty – what does it mean and how does it work? – No. 5 Chambers

Posted February 15th, 2012 in equality, government departments, local government, news by sally

“This paper deals with the present state of the law concerning the Public Sector Quality Duty (‘the PSED’) and how public bodies are required to act in order to comply with the duty.”

Full story

No. 5 Chambers, 6th February 2012

Source: www.no5.com

Back to Basics: A Practical Guide to Adjudication and Enforcement – Hardwicke Chambers

Posted February 15th, 2012 in construction industry, contracts, dispute resolution, news by sally

“If you are a party to a construction contract and are trying to find a fast and efficient way to resolve a dispute arising out of the contract, you may be able to take advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998. Catherine Piercy has written an article to assist in determining whether your contract falls within the statutory scheme. Once you have decided that you have a construction contract which falls within the HGCRA and is subject to the Statutory Scheme, this article provides a step by step guide to the adjudication and the adjudication process.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Glenn Mulcaire granted evidence appeal – BBC News

Posted February 15th, 2012 in appeals, evidence, interception, media, news, public interest, Supreme Court by sally

“The Supreme Court has ruled it will decide whether private investigator Glenn Mulcaire must reveal which journalists asked him to hack phones.”

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BBC News, 15th February 2012

Source: www.bbc.co.uk

It’s LDEDCA, Not HGCRA, Obviously! – Hardwicke Chambers

Posted February 15th, 2012 in construction industry, contracts, dispute resolution, news by sally

“Adjudication is an increasingly used form of dispute resolution within the construction industry. It involves an independent, third party, considering the factual and legal arguments put forward by each party to a construction contract in order to resolve a dispute that has arisen under the contract.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Court of Protection update – Thirty Nine Essex Street

Posted February 15th, 2012 in Court of Protection, news by sally

Court of Protection update (PDF)

Thirty Nine Essex Street, February 2012

Source: www.39essex.com

High Street Gloom, Adjudication Boom – Hardwicke Chambers

Posted February 15th, 2012 in abuse of process, dispute resolution, jurisdiction, news by sally

“Forum shopping is an ill against which the courts are always vigilant to guard. Adjudication is a process that, naturally, is vulnerable to forum shopping because the parties have control over the selection of the tribunal that is to decide the dispute, which is unlike anything that would occur in the ordinary run of litigation.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

The Localism Act and Non-domestic Rating – No. 5 Chambers

Posted February 15th, 2012 in news, rates, small businesses by sally

“The entirety of Part 4 of the Localism Act is devoted to non-domestic rating but the changes introduced seem to have a much lower profile than some of the other ‘Localism’ provisions. Whilst there are some small but important changes, the rating reforms introduced could by no means be described as radical. Importantly,
contrary to what some may have expected, the Act does not include any provisions designed to defeat the now well known schemes that are being used to avoid liability for the 100% unoccupied property rate. It is nevertheless necessary for local authorities, ratepayers and advisers to be aware of the changes that have been made. So, what does the Act do?”

Full story (PDF)

No. 5 Chambers, 8th February 2012

Source: www.no5.com