BAILII: Recent Decisions

Posted April 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Astrazeneca AB v Hexal AG & Ors [2013] EWCA Civ 454 (30 April 2013)

The Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2013] EWCA Civ 472 (30 April 2013)

Williams v Williams (The Estate of) [2013] EWCA Civ 455 (30 April 2013)

Carter & Anor v Lifeplan Products Ltd [2013] EWCA Civ 453 (29 April 2013)

Devon CC v TR [2013] EWCA Civ 418 (30 April 2013)

High Court (Administrative Court)

Nash, R (on the application of) v Capita Plc & Ors [2013] EWHC 1067 (Admin) (29 April 2013)

High Court (Chancery Division)

Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch) (30 April 2013)


Recent Statutory Instruments –

Posted April 30th, 2013 in legislation by sally

The Nitrate Pollution Prevention (Amendment) and Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2013

The Mobile Homes (Selling and Gifting) (England) Regulations 2013

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 6) Order 2013


Tour Report #21: Podcast with Michael Turner QC, Chairman of The Criminal Bar Association, on the legal aid reforms – Charon QC

Posted April 30th, 2013 in barristers, judiciary, law firms, legal aid, legal profession, news by sally

“Michael Turner QC has robust views on the proposed reforms which will have a considerable impact on access to justice, the profession, the public and have a devastating effect on the very cornerstone of our democracy.”


Charon QC, 30th April 2013


“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Regulatory dilemmas – NearlyLegal

Posted April 30th, 2013 in consultations, housing, news, regulations by sally

“The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in a much diversified, increasingly risky and entrepreneurial social housing domain. We are working in an environment which is almost unrecognisable from what it was in the 1990s and perhaps even just a few years ago. This creates regulatory dilemmas about how best to protect assets in the most proportionate manner (a familiar dilemma, and one which does not seem to have been particularly affected by the financial crash, one might think).”

Full story

NearlyLegal, 30th April 2013


Dappy loses appeal against conviction – The Guardian

Posted April 30th, 2013 in affray, appeals, assault, news by sally

“N-Dubz rapper Dappy, who was found guilty of assault and affray, has lost a challenge against his conviction.”

Full story

The Guardian, 30th April 2013


Michelle Mills jailed for Edward Miller’s murder in Scalford – BBC News

Posted April 30th, 2013 in domestic violence, murder, news, sentencing by sally

“A mother-of-two who portrayed herself as a ‘fearful victim’ of domestic violence has been given a life sentence for stabbing her boyfriend to death.”

Full story

BBC News, 30th April 2013


Mediation and alternative dispute resolution – OUP Blog

“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”

Full story

OUP Blog, 27th April 2013


Court agrees Facebook and Twitter users breached injunction – Attorney General’s Office

Posted April 30th, 2013 in contempt of court, injunctions, internet, news, photography by sally

“Two men who published photographs on Twitter and Facebook said to show the killers of James Bulger have admitted being in contempt of court.”

Full story

Attorney General’s Office,


Defamation Act becomes law, establishes new statutory defences against libel –

Posted April 30th, 2013 in bills, defamation, defences, legislation, news, public interest by sally

“Changes to libel laws in England and Wales have been implemented after the Defamation Bill received Royal Assent late last week.”

Full story, 29th April 2013


Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others – WLR Daily

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367; [2013] WLR (D) 154

“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”

WLR Daily, 17th April 2013


Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii – WLR Daily

Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii (Case C-81/12); [2013] WLR (D) 153

“Homophobic statements made by a person perceived as playing a leading role in a football club but who did not have legal capacity to bind it in recruitment matters were capable of constituting ‘facts from which it may be presumed that there has been … discrimination’ pursuant to articles 2(2) and 10(1) of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L303, p16).”

WLR Daily, 25th April 2013


Verma v Barts and The London NHS Trust (NHS Employers intervening) – WLR Daily

Verma v Barts and The London NHS Trust (NHS Employers intervening) [2013] UKSC 20; [2013] WLR (D) 152

“Where a part-time locum doctor, as a step towards achieving a consultant’s post, took a one-year full time training post at a lower rate of pay but under the relevant NHS terms and conditions was entitled to pay protection, that entitlement was not limited to preserving her previous annual earnings but required her employer to pay all her new full-time hours at an hourly-rate equivalent to her previous part-time work.”

WLR Daily, 24th April 2013


In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 30th, 2013 in adoption, appeals, law reports, parental rights by sally

In re C (A Child) (Adoption: Placement order) [2013] EWCA Civ 431; [2013] WLR (D) 151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013


Copyright law reforms in pipeline after Royal Assent given to Enterprise and Regulatory Reform Bill –

Posted April 30th, 2013 in bills, copyright, intellectual property, legislation, news, regulations by sally

“New legislation that will impact on the UK’s intellectual property (IP) law framework has received Royal Assent.”

Full story, 29th April 2013


A brighter future? – New Law Journal

“As of 1 April 2013, standard disclosure is no longer the default provision in most multi-track cases. With disclosure often being the most expensive and time consuming part of the litigation process, this should be welcome news to litigants and solicitors alike. The recent decision in West African Gas Pipeline Company Limited v Willbros Global Holdings Inc. [2012] EWHC 396 (TCC) highlighted the significant issues encountered in the disclosure process, especially in high value claims involving e-disclosure. The new rules aim to tackle these problems by introducing stricter case management in the disclosure process.”

Full story

New Law Journal, 26th April 2013


Deferred prosecution agreements for England and Wales “on track for 2014” as legislation approved –

“US-style ‘plea bargains’ will be introduced in England and Wales from 2014, following Parliamentary approval of the relevant laws.”

Full story, 29th April 2013


Eoin Carolan: An oligarchy of the self-interest or enthusiastic?: Open Public Services in the Big Society – UK Constitutional Law Group

“The coalition government’s programme of public service reform continues apace. The coming into effect of parts of the Health and Social Care Act 2012 on April 1st was the latest in a series of changes to the structure and delivery of public services through measures like the Localism Act 2011 or the Free Schools programme. As the White Paper on Open Public Services indicates, these individual changes form part of a broader plan to fundamental re-model how Britain’s government operates. The White Paper is clear that this reform programme is wide-ranging and ambitious. What is less clear from government pronouncements, however, is whether or how it is intended to ensure the democratic legitimacy and character of the proposed reforms.”

Full story

UK Constitutional Law Group, 29th April 2013


Caldicott review: unlawful personal data processing and sharing should be reported as ‘data breach’ –

Posted April 30th, 2013 in data protection, health, news, reports, social services by sally

“Health and social care bodies should be required to publish details of cases where they have processed or shared patients’ personal data without having a legal basis to do so, Dame Fiona Caldicott has recommended.”

Full story, 29th April 2013


Tenants! Be the best that you can be! – NearlyLegal

Posted April 30th, 2013 in agreements, housing, landlord & tenant, local government, news by sally

“At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas before 10 am for communal areas, sinks and WCs. But even the Victorian paternalists didn’t lower themselves to the patronising, small minded and teeth-grindingly passive-aggressive approach apparently in vogue for 21st century social landlords.”

Full story

NearlyLegal, 29th April 2013


DJ cleared of manslaughter of man who had penis drawn on face – The Guardian

Posted April 30th, 2013 in assault, homicide, news, self-defence by sally

“A DJ has been cleared of the manslaughter of a man who died after waking up at a party and finding a penis drawn on his face.”

Full story

The Guardian, 29th April 2013