“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”
Family Law Week, 8th May 2012
Source: www.familylawweek.com
Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139
“The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. In such circumstances, it was for the member state within the territory of which the application was lodged to take the decisions required as a result of that withdrawal and to discontinue the examination of the application, with a record of the information relating to it being placed in the applicant’s file.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Les Laboratoires Servier and another v Apotex Inc and others [2012] EWCA Civ 593; [2012] WLR (D) 138
“The court was able to take into account a wide range of considerations in order to ensure that the ex turpi causa defence only applied where it was a just and proportionate response to the illegality in question. Although a party claiming compensation on a cross-undertaking in damages for lost sales of products the manufacture of which infringed a foreign patent was relying on an unlawful act sufficiently causative of its claim to engage the defence in principle, the defence did not apply where the party had believed reasonably and in good faith that the patent was invalid, and the illegality was recognised by making a deduction in the assessment of damages for the amount which the foreign court would have awarded in patent infringement proceedings.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137
“The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Bootes and others v Ceart Risk Services Ltd [2012] EWHC 1178 (Ch); [2012] WLR (D) 136
“A failure to comply with section 362A of the Financial Services and Markets Act 2000 in the appointment of administrators did not necessarily invalidate that appointment irreparably.”
WLR Daily, 25th April 2012
Source: www.iclr.co.uk
The Protection of Freedoms Act 2012 (Commencement No. 1) Order 2012
The Designation of Rural Primary Schools (England) Order 2012
The Police (Complaints and Misconduct) Regulations 2012
The Registration of Births and Deaths Regulations 1987 (Amendment) Regulations 2012
The Public Bodies (Abolition of Courts Boards) Order 2012
Source: www.legislation.gov.uk
Court of Appeal (Civil Division)
Magnohard Ltd v Cadogan & Anor [2012] EWCA Civ 594 (04 May 2012)
High Court (Chancery Division)
Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2012] EWHC 1185 (Ch) (08 May 2012)
High Court (Administrative Court)
Cameron & Ors v Revenue & Customs [2012] EWHC 1174 (Admin) (08 May 2012)
Y, R (on the application of) v Aylesbury Crown Court [2012] EWHC 1140 (Admin) (01 May 2012)
AHK & Ors v Secretary of State for the Home Department [2012] EWHC 1117 (Admin) (02 May 2012)
Source: www.bailii.org
“Hundreds of suspected war criminals have tried to settle in Britain in recent years but only a dozen have been banned from the country and some have been allowed to stay on human rights grounds.”
Daily Telegraph, 9th May 2012
Source: www.telegraph.co.uk
“The official assessment of the risks involved in the government’s NHS shakeup will never be published after the cabinet exercised its rare right of veto to keep it secret.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
“An internet ‘troll’ who tried to drive the Conservative MP Louise Mensch off Twitter by sending her an email threatening the lives of her children has been warned he could be jailed for six months.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
“They may spend millions of pounds on advertising campaigns featuring mustachioed opera singers and cheeky meerkats, but some of the nation’s most popular comparison websites have been accused of breaking the law by denying access to more than 12m consumers with disabilities.”
Daily Telegraph, 7th May 2012
Source: www.telegraph.co.uk
“If lawyers are preparing David Cameron for his appearance before Lord Justice Leveson, they are on perilous ground.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
“In a bid to protect children from over-sexualised imagery, the government is to consult on whether music DVDs should have movie-style age ratings.”
BBC News, 9th May 2012
Source: www.bbc.co.uk
“The rapidly changing nature of internet-based communications has left the security agencies and the police unable to legally track the online activities of terrorists and serious criminals in 25% of cases, the Home Office says.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
“In the week that many parents will have to explain why a stripper was put through on Britain’s Got Talent (BGT) rather than a female impressionist, there has been much publicity on the idea of opt in pornography and whether this would be an effective way of protecting children from accessing indecent images online.”
Halsbury’s Law Exchange, 8th May 2012
Source: www.halsburyslawexchange.co.uk
“Nine men have been convicted of being part of a child sexual exploitation ring in Greater Manchester.”
BBC News, 8th May 2012
Source: www.bbc.co.uk
“Despite controversy over the deadline, I doubt the European court will agree to hear Abu Qatada’s appeal.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
“Benefit cheats will be fined up to £2,000 without being taken to court under new powers from today, which the Government said will save the taxpayer around £42 million over the next three years.”
The Independent, 8th May 2012
Source: www.independent.co.uk
“Ofcom has cleared Jeremy Clarkson’s comparison of a Japanese car to the Elephant Man of breaching the broadcasting code, despite more than 40 complaints that it was offensive to people suffering from facial disfigurement.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
“Employment tribunals do not have the jurisdiction to apportion liability for compensation in discrimination claims where more than one party is at fault, the Employment Appeals Tribunal (EAT) has ruled.”
The Guardian, 8th May 2012
Source: www.guardian.co.uk
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