Year: 2012
Secretary of State for the Home Department v CC and another – WLR Daily
“Where it was alleged that illegal actions of state agents constituted an abuse of the process of the court, it was not necessary to prove actual knowledge of that illegality for abuse of process to be established. There might be situations where mere recklessness or even negligent conduct could justify a stay on grounds of abuse of process.”
WLR Daily, 19th October 2012
Source: www.iclr.co.uk
Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily
“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”
WLR Daily, 17th October 2012
Source: www.iclr.co.uk
Women who worked for Birmingham council win equal pay court fight – The Guardian
“Scores of women who worked for a local authority have won an equal pay compensation fight at the UK’s highest court.”
The Guardian, 24th October 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363 (23 October 2012)
Gala Unity Ltd v Ariadne Road RTM Company Ltd [2012] EWCA Civ 1372 (23 October 2012)
PC Harrington Contractors Ltd v Systech International Ltd [2012] EWCA Civ 1371 (23 October 2012)
Spencer & Anor v Secretary of State for Defence [2012] EWCA Civ 1368 (23 October 2012)
Hussain v Hussain & Anor [2012] EWCA Civ 1367 (23 October 2012)
Barkas v North Yorkshire County Council [2012] EWCA Civ 1373 (23 October 2012)
High Court (Chancery Division)
High Court (Administrative Court)
Price v Cheshire East Borough Council [2012] EWHC 2927 (Admin) (11 October 2012)
High Court (Commercial Court)
ED & F Man Sugar Ltd v Unicargo Transportgesellschaft mbH [2012] EWHC 2879 (Comm) (23 October 2012)
Source: www.bailii.org
New tool to fight economic crime – Ministry of Justice
“A new measure announced today [23 October] will help prosecutors combat corporate offending including fraud, money laundering and bribery – which cost the UK billions of pounds each year.”
Ministry of Justice, 23rd October 2012
Source: www.justice.gov.uk
Only smarties have the answer – collective cabinet responsibility and the sale of Rowntree Mackintosh – Panopticon
“The question of whether the convention on collective cabinet responsibility operates, in effect, as a trump card in the FOIA context has been considered in a number of tribunal cases (see further for example the Lamb case concerning a request for disclosure of the Iraq war cabinet minutes and the Cabinet Office case concerning cabinet discussions over the Westland takeover (‘the Westland case’)). Last week, in Cabinet Office v IC, the First-Tier Tribunal handed down a decision in which it reconfirmed the principle that the convention, whilst undoubtedly an important consideration in the FOIA context, does not create any absolute bar against disclosure.”
Panopticon, 23rd October 2012
Source: www.panopticonblog.com
Community sentences to deliver proper punishment – Ministry of Justice
“The Government today publishes the new legislation, in the Crime and Courts Bill, that will mean adult community sentences will now contain a punitive element.”
Ministry of Justice, 23rd October 2012
Source: www.justice.gov.uk
Solicitor General: Keynote speech to World Bribery and Corruption Compliance Forum – Attorney General’s Office
Solicitor General: Keynote speech to World Bribery and Corruption Compliance Forum
Attorney General’s Office, 23rd October 2012
Source: www.attorneygeneral.gov.uk
Urgent action call over child deaths in custody – Law Society’s Gazette
“Two national charities have called for an urgent independent review of ‘systemic failings’ that have led to the deaths of 200 imprisoned children and young people over the past decade.”
Law Society’s Gazette, 24th October 2012
Source: www.lawgazette.co.uk
Greater police prosecution powers to cut costs and deliver swifter justice – Home Office
“Police prosecution powers are being extended in a bureaucracy busting change to the law announced today [23 October] by Home Secretary Theresa May.”
Home Office, 23rd October 2012
Source: www.homeoffice.gov.uk
‘Courtroom chaos’: Government accused of endangering justice by using cut-price courtroom interpreters – The Independent
“Britain’s leading translators today accused the government of endangering justice with a cut-price private contract for courtroom interpreters, which is ‘dangerous to the interests of public safety.'”
The Independent, 23rd October 2012
Source: www.independent.co.uk
Compensation for Savile’s victims – BBC Law in Action
“Victims of abuse by Jimmy Savile may soon submit compensation claims to the courts. So what will they have to prove and what defences will be available to Savile’s former employers – such as the BBC, hospitals and prisons? Appeal Court judge, Sir Stanley Burnton, tells Joshua Rozenberg what is likely to happen.”
BBC Law in Action, 23rd October 2012
Source: www.bbc.co.uk
More appeals over police complaints handling, says IPCC – BBC News
“There has been a rise in the number of people unhappy with how police in England and Wales handled complaints.”
BBC News, 24th October 2012
Source: www.bbc.co.uk
Prince Charles and the curious case of the Black Spider Letters – UK Human Rights Blog
“Litigation relating to information rights can sometimes seem very dry and obscure, entailing lengthy analysis of the merits of public authorities disclosing or withholding information which is highly specialised or obtuse, and of little real interest to the general population. But this case – the case of the ‘Black Spider Letters’ – really is a fascinating one, involving an examination not just of the legislative provisions relating to the disclosure of information, but also a consideration of the existence and extent of constitutional conventions pertaining to the role of the monarchy in government. At the same time, it has the potential to generate such controversy as to make for perfect tabloid fodder. It has been the subject of international news coverage. And it’s not over yet.”
UK Human Rights Blog, 23rd October
Source: www.ukhumanrightsblog.com
Blame game: when legal aid gets political – LegalVoice
“Political interference in the granting of legal aid – whether actual or suspected by members of the public – could become a genuine concern for the government after next April. Should public money be denied cases brought against government departments or that involve unpopular characters or controversial issues, ministers’ impartiality in the decision-making process may come under fire, writes Elizabeth Davidson.”
LegalVoice, 23rd October 2012
Source: www.legalvoice.org.uk
Frankie Boyle, free speech and legal jokes – The Guardian
“When speech offends, insults and disparages should we resort to legal action?”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
Mark Duggan shooting: police watchdog’s report delayed further – The Guardian
“The Independent Police Complaints Commission has said ‘significant’ material about the death of Mark Duggan has emerged in recent weeks, meaning its report into his shooting by police will be delayed even further.”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
Command Papers – official-documents.gov.uk
Daily Mirror publisher faces being sued over alleged phone hacking – The Guardian
“Four civil claims filed at the high court in the first formal move for damages from any company outside News International.”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
