June 2012 – Page 18 – Current Awareness

Cathie and another v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted June 6th, 2012 in appeals, company directors, disqualification, law reports, national insurance by sally

Cathie and another v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; [2012] WLR (D) 168

“In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. The expression ‘extenuating circumstances’ was to be preferred, because the fact finder’s task was to consider the evidence as a whole, including extenuating circumstances, and to decide whether the director had fallen below the standards of probity and competence appropriate for persons fit to be company directors.”

WLR Daily, 1st June 2012

Source: www.iclr.co.uk

Secret courts, drones and international law – BBC Law in Action

Posted June 6th, 2012 in closed material, international law, news, private hearings, weapons by sally

“In the first of a new series Joshua Rozenberg talks to Sir Daniel Bethlehem the former principal legal advisor at the Foreign Office. He asks him about the changing face of international law and its effect on the making of foreign policy, including the rise in litigation against the government on foreign matters. He also asks about international law and the use of drones, and the government’s Justice and Security bill and why Sir Daniel thinks the measures laid out there are necessary.”

Listen

BBC Law in Action, 5th June 2012

Source: www.bbc.co.uk

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 6th, 2012 in appeals, contracts, land registration, law reports, rectification by sally

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170

“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Posted June 6th, 2012 in confidentiality, employment, injunctions, intellectual property, law reports, patent attorneys by sally

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Samsung Electronics (UK) Ltd v Apple Inc – WLR Daily

Posted June 6th, 2012 in EC law, law reports, stay of proceedings, trade marks by tracey

Samsung Electronics (UK) Ltd v Apple Inc: [2012] EWCA Civ 729; [2012] WLR (D) 166

“Where the proprietor of a registered Community design, the validity of which was already in issue in proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) or another Community design court, brought a counterclaim alleging infringement of the design against a claimant who had issued a claim in a Community design court seeking a declaration of non-infringement, the stay of proceedings required by article 91(1) of the Community Design Regulation was a stay of the counterclaim, not the claim.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk

Criticisms remain as dust settles on secret trials bill – UK Human Rights Blog

Posted June 6th, 2012 in bills, closed material, human rights, news, private hearings by sally

“In stark contrast to the pageantry surrounding the Royal Jubilee, here is a somewhat sombre update on the Justice and Security Bill, which was published on 28 May 2012 and is currently receiving its second reading in the House of Lords. The Bill aims to introduce Close Material Procedures, that is secret hearings, into civil trials.”

Full story

UK Human Rights Blog, 5th June 2012

Source: www.ukhumanrightsblog.com

Cat-swinging case thrown out – The Independent

Posted June 6th, 2012 in animal cruelty, news, no case to answer by sally

“The case against a man accused of swinging a cat by its tail in the street was thrown out of court today because of a lack of evidence.”

Full story

The Independent, 1st June 2012

Source: www.independent.co.uk

Gangmasters caught running illegal labour teams escape prosecution – Daily Telegraph

Posted June 6th, 2012 in gangmasters, human rights, licensing, news, quangos by sally

“Hundreds of gangmasters caught running illegal migrant labour squads are avoiding prosecution, it can be revealed.”

Full story

Daily Telegraph, 6th June 2012

Source: www.telegraph.co.uk

Details of innocent people are still being held on DNA database – The Independent

Posted June 6th, 2012 in data protection, DNA, human rights, news by sally

“The Government is failing to delete innocent people from Britain’s vast DNA database, according to figures released today which shows that nearly 70,000 under-16s have now had their genetic fingerprints recorded.”

Full story

The Independent, 5th June 2012

Source: www.independent.co.uk

Let victims of crime track case online, says thinktank – The Guardian

Posted June 6th, 2012 in criminal justice, internet, news, victims by sally

“Victims of crime in England and Wales should be able to track their case online from the moment it is reported to the point when justice is served, a thinktank has said.”

Full story

The Guardian, 5th June 2012

Source: www.guardian.co.uk

The air that we breathe: NGO’s appeal dismissed – UK Human Rights Blog

Posted June 6th, 2012 in appeals, EC law, environmental protection, judgments, news, pollution by sally

“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”

Full story

UK Human Rights Blog, 5th June 2012

Source: www.ukhumanrightsblog.com

Number Ten needs its own lawyer, says leading QC – BBC News

Posted June 6th, 2012 in attorney general, government departments, legal services, news by sally

“A former legal adviser at the Foreign Office has said that legal issues are not addressed as effectively as they might be at the heart of government because the Prime Minister does not have a lawyer among his immediate circle of advisers.”

Full story

BBC News, 5th June 2012

Source: www.bbc.co.uk

GMC investigators to spot underperforming doctors – The Guardian

Posted June 6th, 2012 in complaints, doctors, health, investigatory powers, negligence, news by sally

“The medical regulator is to deploy new regional officers to take a lead in investigating concerns about NHS doctors and GPs before official complaints are made, in an effort to spot earlier those medics who are not up to the job.”

Full story

The Guardian, 5th June 2012

Source: www.guardian.co.uk

Man cleared of Bedford lake murder wins libel against police – BBC News

Posted June 1st, 2012 in defamation, murder, news, police by tracey

“The boyfriend of a woman found dead in a lake in Bedford has won a libel action against police who claimed he probably killed her.”

Full story

BBC News, 1st June 2012

Source: www.bbc.co.uk

Law Society responds to training review – Law Society’s Gazette

Posted June 1st, 2012 in legal education, news, solicitors by tracey

“Bottlenecks in the legal training system are inevitable so long as there are more aspiring entrants to the profession than the market can employ, the Law Society points out in its first formal response to the Legal Education and Training Review (LETR). ”

Full story

Law Society’s Gazette, 31st May 2012

Source: www.lawgazette.co.uk

Payments to funded unapproved retirement benefit schemes attract NI contributions as earnings, court says – OUT-LAW.com

Posted June 1st, 2012 in national insurance, news, pensions by tracey

“Payments made by an employer for the benefit of an employee into a funded unapproved retirement benefit scheme (FURBS) are classed as ‘earnings’ on which the employer must pay national insurance contributions (NICs), the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 31st May 2012

Source: www.out-law.com

BAILII: Recent Decisions

Posted June 1st, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Thomas v Jeffery & Ors [2012] EWCA Civ 693 (31 May 2012)

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736 (31 May 2012)

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Anor [2012] EWCA Civ 726 (31 May 2012)

Patel & Ors v MRD Property Developments Ltd [2012] EWCA Civ 727 (31 May 2012)

Court of Appeal (Criminal Division)

Majeed v R. [2012] EWCA Crim 1186 (31 May 2012)

High Court( Administrative Court)

O’ Leary International Ltd v North Wales Police [2012] EWHC 1516 (Admin) (31 May 2012)

Afzal v Secretary of State for the Home Department [2012] EWHC 1487 (Admin) (31 May 2012)

Merseyside Police v Owens [2012] EWHC 1515 (Admin) (31 May 2012)

High Court (Commercial Court)

Elafonissos Fishing and Shipping Company v Aigaion Insurance Company SA [2012] EWHC 1512 (Comm) (31 May 2012)

High Court (Family Division)

DS & Ors (Children) [2012] EWHC 1442 (Fam) (31 May 2012)

High Court (Queen’s Bench Division)

Friends of Burbage School Ltd. v Woodhams [2012] EWHC 1511 (QB) (31 May 2012)

Croft (A Child) v Heart of England NHS Foundation Trust [2012] EWHC 1470 (QB) (31 May 2012)

Source: www.bailii.org

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same – WLR Daily

Posted June 1st, 2012 in appeals, civil procedure rules, costs, immigration, law reports by tracey

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same: [2012] EWCA Civ 710; [2012] WLR (D) 16

“In statutory appeals to the Court of Appeal from the Upper Tribunal (Immigration and Asylum Chamber), if the appeal had been allowed by consent, with the appellant obtaining the remittal sought, or if the appeal had been resolved by the grant of a status which was not previously offered, then provided the appellant was clearly identifiable as the successful party, CPR r 44.3(2(a) would usually entitle him to his costs absent specific matters of conduct or other features making an order inappropriate. The crucial question in such cases was the identification of the successful party.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk

Djanogly: Red tape challenge turns to legal services – Ministry of Justice

Posted June 1st, 2012 in budgets, legal services, Ministry of Justice, press releases, regulations, small businesses by tracey

“Justice Minister Jonathan Djanogly has launched plans to scrutinise, simplify or scrap more than 150 regulations that affect legal services, to reduce red tape and ease the burden on businesses and consumers.”

Full press release

Ministry of Justice, 31st May 2012

Source: www.justice.gov.uk