16/07/2012 – Current Awareness

“The Government has outlined plans for improving the technology used by police and the courts system to make judicial processes faster and more efficient. The Ministry of Justice (MoJ) said that past investments cost too much and under-performed.”

Full story

OUT-LAW.com, 16th July 2012

Source: www.out-law.com

Chilcot report into Iraq delayed by Whitehall refusal to release evidence – The Guardian

Posted July 16th, 2012 in disclosure, evidence, inquiries, Iraq, news, war by sally

“Fierce opposition in Whitehall to the disclosure of key documents relating to the invasion of Iraq, notably records of discussions between Tony Blair and George Bush, has meant the Chilcot inquiry will not now be able to publish its report for well over a year.”

Full story

The Guardian, 16th July 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted July 16th, 2012 in parliamentary papers by sally

European Union Finances 2012: statement on the 2012 EU Budget and measures to counter fraud and financial mismanagement, Cm 8405 (PDF)

Post Legislative Assessment of the Concessionary Bus Travel Act 2007, Cm 8406 (PDF)

Post-legislative assessment of the Mental Health Act 2007, Cm 8408 (PDF)

Source: www.official-documents.gov.uk

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily

Posted July 16th, 2012 in EC law, freedom of movement, law reports, public interest, sale of goods by sally

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein (Case C-171/11); [2012] WLR (D) 203

“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Compass-Datenbank GmbH v Republik Österreich – WLR Daily

Posted July 16th, 2012 in competition, EC law, law reports by sally

Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202

“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council – WLR Daily

Posted July 16th, 2012 in law reports, listed buildings, planning, Supreme Court by sally

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31; [2012] WLR (D) 200

“The procedure by which a mineral site was listed by a local planning authority, pursuant to its statutory duty to review old planning permissions for mineral working, was administrative and preliminary in nature and the extent of the site listed was not definitively determined at that stage.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Regina v A (B) – WLR Daily

Posted July 16th, 2012 in appeals, evidence, law reports, married persons, threatening to destroy or damage property, witnesses by sally

Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199

“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cruikshank, R. v [2012] EWCA Crim 1519 (03 July 2012)

Court of Appeal (Civil Division)

Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK) [2012] EWCA Civ 943 (11 July 2012)

Leach v The Office of Communications (OFCOM) [2012] EWCA Civ 959 (13 July 2012)

SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940 (13 July 2012)

Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (13 July 2012)

Adedoyin v Secretary of State for the Home Department [2012] EWCA Civ 939 (13 July 2012)

Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960 (13 July 2012)

High Court (Queen’s Bench Division)

Tilbrook v Parr [2012] EWHC 1946 (QB) (13 July 2012)

Barnes v Black Horse Ltd [2012] EWHC 1950 (QB) (14 June 2012)

High Court (Family Division)

B v B [2012] EWHC 1924 (Fam) (13 July 2012)

High Court (Administrative Court)

Ali & Anor, R (on the application of) v Minister for the Cabinet Office the Statistics Board [2012] EWHC 1943 (Admin) (13 July 2012)

The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2012] EWHC 1909 (Admin) (13 July 2012)

Hussain, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1952 (Admin) (13 July 2012)

High Court (Technology and Construction Court)

Squibb Group Ltd v Vertase FLI Ltd [2012] EWHC 1958 (TCC) (10 July 2012)

Beck Interiors Ltd v Classic Decorative Finishing Ltd [2012] EWHC 1956 (TCC) (12 July 2012)

J B Leadbitter & Co Ltd v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC) (17 April 2012)

High Court (Patents Court)

Schenck Rotec GmbH v Universal Balancing Limited [2012] EWHC 1920 (Pat) (12 July 2012)

Source: www.bailii.org

Employment tribunal fees branded a disgrace by unions – The Guardian

Posted July 16th, 2012 in employment tribunals, fees, news, trade unions by sally

“The government announced on Friday the introduction of a fee of up to £1,200 for taking claims to an employment tribunal.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

MoJ told to deliver fight plan in Supreme Court battle over judicial pensions – The Lawyer

Posted July 16th, 2012 in employment, judiciary, news, part-time work, pensions, Supreme Court by sally

“The Ministry of Justice (MoJ) must devise a successful objective justification defence if it is to defeat a discrimination claim being pursued against it by a part-time judge, the Supreme Court has said.”

Full story

The Lawyer, 13th July 2012

Source: www.thelawyer.com

Reviewing legal education: hell of a job – The Guardian

Posted July 16th, 2012 in diversity, legal education, news by sally

“Chair of diversity for legal education and training review calls for affirmative action to boost social mobility in law.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

Stansted hijacker wins Home Office challenge – The Independent

Posted July 16th, 2012 in aircraft, appeals, asylum, news by sally

“An Iraqi man arrested at Stansted Airport after taking part in the hijack of an airliner today won the latest round of a 16-year fight to stay in the UK.”

Full story

The Independent, 13th July 2012

Source: www.independent.co.uk

John Terry found not guilty of racially abusing Anton Ferdinand – The Guardian

Posted July 16th, 2012 in news, public order, racism, sport by sally

“The former England captain John Terry has been cleared of racially abusing fellow footballer Anton Ferdinand in a no-blame verdict that ruled the incident could have been down to a misunderstanding.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

Clare’s Law trial to begin – Daily Telegraph

Posted July 16th, 2012 in criminal records, domestic violence, news, pilot schemes by sally

“Women entering into a relationship will get the power to ask the police if their new boyfriend has a history of domestic violence from Monday.”

Full story

Daily Telegraph, 15th July 2012

Source: www.telegraph.co.uk

Secret court proposals threaten habeas corpus safeguards, charity warns – The Guardian

Posted July 16th, 2012 in closed material, habeas corpus, news, private hearings by sally

“Suspects could be detained in prison without knowing the reasons if the ancient writ of habeas corpus is trumped by government plans for secret courts, according to civil liberties campaigners.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

Changes to the Immigration (European Economic Area) Regulations 2006 – UK Border Agency

Posted July 16th, 2012 in families, freedom of movement, immigration, news, regulations by sally

“On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.”

Full story

UK Border Agency, 13th July 2012

Source: www.ukba.homeoffice.gov.uk