BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Dell’olio v Associated Newspapers Ltd [2011] EWHC 3472 (QB) (20 December 2011)
Source: www.bailii.org
Year: 2012
New enforcement powers for Natural England now in force – OUT-LAW.com
“Natural England said its new ‘civil’ sanctioning powers would enable it to stop illegal activities; order the restoration of environmental damage, and accept voluntary enforcement undertakings from offenders. Previously the body could only issue warning letters or proceed to full criminal prosecution.”
OUT-LAW.com, 6th January 2012
Source: www.out-law.com
Family lawyers warn of the devastating impact of legal aid changes – Family Law Week
“In advance of the House of Lords’ scrutiny of the Legal Aid, Sentencing and Punishment of Offenders Bill which resumes this week, Resolution has warned of its potentially devastating consequences.”
Family Law Week, 9th January 2012
Source: www.familylawweek.co.uk
Motoring offences scam man Colin Lowndes jailed – BBC News
“A man who masterminded a nationwide scam to help drivers escape motoring convictions has been jailed. Colin Lowndes, 41, of Hattersley, Greater Manchester, helped more than 700 motorists avoid penalty points for speeding and other driving offences.”
BBC News, 7th January 2012
Source: www.bbc.co.uk
Football Association defends disciplinary system – BBC News
“The Football Association has defended its near perfect record in disciplinary cases last year involving clubs, players or managers. Its Independent Regulatory Commission heard 473 cases between December 2010 and December 2011, but only two of them ended in ‘not guilty’ verdicts.”
BBC News, 7th January 2012
Source: www.bbc.co.uk
Obscenity law in doubt after jury acquits distributor of gay pornography – The Guardian
“Experts say Obscene Publications Act now ‘makes no sense’ after jury rejects claims that mail-order material was capable of ‘depraving and corrupting.’ ”
The Guardian, 7th January 2012
Source: www.guardian.co.uk
Ken Clarke warned plan to curb open justice is flawed – The Guardian
“Britain’s most secretive court has warned the government that plans to restrict open justice in sensitive civil claims cases are seriously flawed and likely to incur excessive costs. Criticising the central thrust of Ken Clarke’s justice and security green paper, judges and members of the Investigatory Powers Tribunal say proposals for expanding ‘closed material procedures’ into other courts have not been thought through sufficiently.”
The Guardian, 8th January 2012
Source: www.guardian.co.uk
Travellers will be offered sites to avoid repeat of Dale Farm – The Independent
“Moves to create some 800 permanent sites across England for Traveller families will be announced today in an effort to defuse community tensions with settled residents. Under the £47m initiative, new locations will be found from Cornwallto Co Durham for Travellers, preventing them from having to put their caravans on unauthorised land.”
The Independent, 7th January 2012
Source: www.independent.co.uk
Wedgwood family call on Attorney General to save their museum – Daily Telegraph
“Descendants of Josiah Wedgwood, the 18th-century pottery manufacturer, have called on the Government to intervene to prevent the selling off of the Wedgwood Museum.”
Daily Telegraph, 9th January 2012
Source: www.telegraph.co.uk
Michael Gove faces legal action as rebel primary battles his academy plan – The Guardian
“Michael Gove, the education secretary, is facing legal action by the primary school whose supporters he branded as ‘ideologues’ last week for fighting his plans to turn it into an academy. Lawyers for the governing body of Downhills primary in Haringey, north London, have escalated the row by accusing Gove of illegally trying to force the school to become independent of its local authority and be taken over by a sponsor. The Tory cabinet minister has been given less than two weeks to respond to a ‘statement of claim’ against him or face a judicial review over his conduct, which parents at the school say has been unfair and politically motivated.”
The Guardian, 7th January 2012
Source: www.guardian.co.uk
Stephen Lawrence killers will not get parole if they refuse to confess guilt – The Guardian
“Stephen Lawrence’s killers will serve many years in prison beyond their minimum sentence unless they admit their guilt, say legal experts.”
The Guardian, 7th January 2012
Source: www.guardian.co.uk
ABS big bang? Yes, but legal market is already changing – The Guardian
“Liberalisation of legal services begins this week but attempts to change the way law is delivered are increasing.”
The Guardian, 6th January 2012
Source: www.guardian.co.uk
Jet bomb plotter Nezar Hindawi loses parole bid – BBC News
“A terrorist jailed for 45 years for plotting to blow up an Israeli airliner has lost a legal battle to secure his release, the BBC understands.”
BBC News, 6th January 2012
Source: www.bbc.co.uk
Government should stop state secrets being aired in court, says spy watchdog – The Guardian
“The parliamentary watchdog for Britain’s spies is lobbying the government to introduce sweeping curbs that could prevent UK courts from examining intelligence material.
Proposals by the intelligence and security committee (ISC), brought to light by the Bureau of Investigative Journalism, go beyond measures proposed by the government, which the ISC says ‘do not go far enough’.”
The Guardian, 6th January 2012
Source: www.guardian.co.uk
Child asylum seekers win compensation for 13-month detention – The Guardian
“Four children who were incarcerated in detention centres for 13 months – the longest time children have ever been locked up in the UK – have won a six-figure compensation payout from the Home Office more than eight years after their release.”
The Guardian, 6th January 2012
Source: www.guardian.co.uk
Judge critical of sentencing powers for anti-Muslim comments – BBC News
“A judge said it was ‘quite staggering’ that he could only impose a fine on a former soldier who admitted making racist remarks about Muslims.”
BBC News, 6th January 2012
Source: www.bbc.co.uk
Caroline Meeking jailed for husband’s car row killing – BBC News
“A woman who caused the death of her husband in a crash by pulling on the handbrake in a drunken row has been jailed for two years.”
BBC News, 6th January 2012
Source: www.bbc.co.uk
Ackerman v Ackerman and others – WLR Daily
Ackerman v Ackerman and others; [2011] EWHC 3428 (Ch); [2011] WLR (D) 399
“The test for materiality in cases where an expert, appointed to make a determination, was alleged to have departed from his express or implied procedural instructions including an obligation of fairness was that: (a) if the decision was inevitable, it would not be material; (b) whether a determination was otherwise invalidated depended upon all the circumstances of the case, the nature of the omission or departure, and the effect it had on the expert in reaching his decision.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
