BAILII: Recent Decisions

Posted August 28th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Churchill Insurance Company Ltd v Fitzgerald & Wilkinson & Ors [2012] EWCA Civ 1166 (24 August 2012)

Cartwright & Anor v The Registrar of Companies [2012] EWCA Civ 1159 (24 August 2012)

High Court (Administrative Court)

Eaton v Natural England & Anor [2012] EWHC 2401 (Admin) (23 August 2012)


Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening) – WLR Daily

Posted August 28th, 2012 in charities, gambling, health, law reports, licensing by tracey

Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening): [2012] EWHC 2391 (Admin);   [2012] WLR (D)  253

“Societies were not precluded from being ‘non-commercial’ and eligible for the grant of lottery operating licences under section 98 of the Gambling Act 2005, as being established or conducted for the purpose of ‘private gain’ within the meaning of section 19 of the 2005 Act, on account of the lottery scheme having been proposed by the company appointed to act as their external lottery manager with a view in part to its making a profit from so doing. Their having the same directors and employing the same external lottery manager did not require aggregation of the proceeds of the lotteries for the purposes of section 99 of the 2005 Act.”

WLR Daily, 22nd August 2012


In re L (A Child) (Recognition of Foreign Order) – WLR Daily

In re  L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157;   [2012] WLR (D)  252

“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”

WLR Daily, 21st August 2012


Krolik and others v Polish Judicial Authorities – WLR Daily

Posted August 28th, 2012 in appeals, evidence, extradition, human rights, law reports, prisons by tracey

Krolik and others v Polish Judicial Authorities: [2012] EWHC 2357 (Admin);   [2012] WLR (D)  254

“In the light of the presumption that Poland, as a member state of the Council of Europe, was able and willing to fulfil its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, in the absence of clear, cogent and compelling evidence to the contrary, a strict approach would in future be adopted in deciding appeals against orders for extradition to Poland under European arrest warrants where the sole issue was whether extradition would constitute a breach of article 3 of the Convention by reason of prison conditions in that state.”

WLR Daily, 17th August 2012


Recent Statutory Instruments –

Posted August 28th, 2012 in legislation by tracey

The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012

The Further Education Teachers’ Qualifications (England) (Amendment) Regulations 2012

The Further Education Teachers’ Continuing Professional Development and Registration (England) (Revocation) Regulations 2012


High Court dismisses Camelot action seeking removal of rival Health Lottery’s licence –

Posted August 28th, 2012 in competition, gambling, health, licensing, news by tracey

“The High Court has dismissed a court challenge by Camelot, operator of the National Lottery, which was seeking to have the gambling licence for its rival the Health Lottery revoked.”

Full story, 24th August 2012


MoJ proposes end of oral contracts as part of stricter regulation for claims management companies –

Posted August 28th, 2012 in claims management, consultations, consumer protection, contracts, news by tracey

“Claims management companies (CMCs) could be banned from entering into verbal contracts with consumers as part of a Government initiative to crack down on bad practice in the sector.”

Full story, 27th August 2012


In a Dorney-Kingdom of their own: Segal orders examined – Family Law week

Posted August 28th, 2012 in child support, financial provision, news by tracey

“Byron James, barrister, 14 Gray’s Inn Square, considers the circumstances in which Segal Orders can be made.”

Full story

Family Law week, 28th August 2012


Inquiries tipped to reach £100m to remove ‘war crime’ stain from reputation of British forces – Daily Telegraph

Posted August 28th, 2012 in armed forces, costs, inquiries, news, war crimes by tracey

“Three inquiries into alleged ‘war crimes’ by British soldiers are   projected to cost £100 million.”

Full story

Daily Telegraph, 25th August 2012


Prisons holding 7,300 more inmates than they were designed for – The Guardian

Posted August 28th, 2012 in news, prisons, statistics by tracey

“Some English and Welsh jails hold twice as many people as they should, according to figures from Prison Reform Trust.”

Full story

The Guardian, 28th August 2012


Ian Tomlinson pathologist Dr Freddy Patel struck off – BBC News

“The pathologist who conducted the first post-mortem tests on a man who died in 2009’s G20 protests in London has been struck off the medical register.”

Full story

BBC News, 23rd August 2012


Ofqual probe into GCSE grading ‘not enough’, say heads – Daily Telegraph

Posted August 28th, 2012 in examinations, inquiries, news, teachers by tracey

“An official inquiry into the GCSE grading scandal will fail to bring the  controversy to a close, head teachers leaders’ have warned.”

Full story

Daily Telegraph, 27th August 2012


Ken Clarke’s weekend court plans in tatters as lawyers object – Daily Telegraph

Posted August 28th, 2012 in courts, legal profession, news, pilot schemes by tracey

“The Coalition’s plans to speed up the courts system are in tatters as lawyers   across the country refuse to sit at weekends.”

Full story

Daily Telegraph, 28th August 2012