BAILII: Recent Decisions

Posted October 11th, 2013 in law reports by sally

Supreme Court

Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)

Osborn v The Parole Board [2013] UKSC 61 (9 October 2013)

High Court (Queen’s Bench Division)

ABC v Avtar Lit [2013] EWHC 3020 (QB) (10 October 2013)

High Court (Chancery Division)

Couper & Ors v Albion Properties Ltd & Ors [2013] EWHC 2993 (Ch) (08 October 2013)

High Court (Administrative Court)

West Kensington Estate Tenants and Residents Association & Anor v London Borough of Hammersmith and Fulham & Anor [2013] EWHC 2834 (Admin) (09 October 2013)

Wakil (t/a Orya Textiles) & Orsv London Borough of Hammersmith and Fulham [2013] EWHC 2833 (Admin) (09 October 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2959 (TCC) (03 October 2013)

KNN Coburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (TCC) (02 October 2013)

Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 2916 (TCC) (10 October 2013)


Human rights attacked again – the thorny issue of ‘just satisfaction’ – Legal Week

Posted October 11th, 2013 in human rights, judiciary, news, treaties by sally

The attack on human rights protection is relentless. The Daily Mail and The Telegraph this week reported that judges in Strasbourg have handed criminals taxpayer-funded payouts of £4.4m – an average of £22,000 a head. Recipients since 1998 include the traitor George Blake, extremist cleric Abu Qatada and the IRA killer dubbed Mrs Doubtfire.

Full story

Legal Week, 10th October 2013


War criminal Charles Taylor to serve 50-year sentence in British prison – The Guardian

Posted October 11th, 2013 in imprisonment, news, sentencing, United Nations, war crimes by sally

“Charles Taylor, the convicted former Liberian president, will serve his 50-year sentence for war crimes in a British prison, the ministry of justice has confirmed.”

Full story

The Guardian, 10th October 2013


Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly – WLR Daily

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly [2013] UKSC 61; [2013] WLR (D) 374

“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”

WLR Daily, 9th October 2013


Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily

Eclairs Group Ltd and another v JKX Oil & Gas plc and others [2013] EWHC 2631 (Ch); [2013] WLR (D) 373

“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”

WLR Daily, 30th August 2013


Regina (Uddin) v Crown Court at Leeds – WLR Daily

Posted October 11th, 2013 in bail, indictments, judicial review, jurisdiction, law reports by sally

Regina (Uddin) v Crown Court at Leeds [2013] EWHC 2752 (Admin); [2013] WLR (D) 372

“Pursuant to section 29(3) of the Senior Courts Act 1981, as amended, a decision to revoke the bail of a defendant during the course of a trial on indictment before the Crown Court was not amenable to judicial review by the High Court, such a decision ‘relating to trial on indictment’ within the meaning of the subsection.”

WLR Daily, 11th July 2013


Men who trafficked Slovakian slave bride to Burnley jailed – BBC News

Posted October 11th, 2013 in assault, false imprisonment, news, rape, sentencing, trafficking in human beings by sally

“A man who assaulted, raped and held a woman prisoner after she was snatched from Slovakia and trafficked to Lancashire has been jailed.”

Full story

BBC News, 10th October 2013


Female lawyers earn a third less than males – The Lawyer

Posted October 11th, 2013 in diversity, equal pay, equality, legal profession, news by sally

“Female lawyers receive just 68 per cent of male lawyers’ total remuneration, while the average bonus given to a woman equals just half that of men’s bonuses, research by recruiter Laurence Simons has revealed.”

Full story

The Lawyer, 10th October 2013


Home Office launch National Crime Agency – just a rebrand? – Halsbury’s Law Exchange

Posted October 11th, 2013 in national crime agency, news by sally

“The NCA began its work this week, just over two years after it was announced. Taking over from SOCA – the Serious Organised Crime Agency – it is the latest incarnation of the body responsible for tackling ‘serious, organised crime’.”

Full story

Halsbury’s Law Exchange, 9th October 2013


Employers could be penalised by tribunals for breaches of workers’ rights where there are “aggravating features”, BIS confirms –

Posted October 11th, 2013 in employment, employment tribunals, news, penalties by sally

“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”

Full story, 10th October 2013


Haunted by one’s past – yet another criminal records case – Panopticon

Posted October 11th, 2013 in criminal records, disclosure, employment, news, taxis by sally

“As I mentioned in my post last week, the case of T v Secretary of State for the Home Department, which concerns the legality of the current CRB regime, is shortly to be considered by the Supreme Court. The issue in T is whether the blanket requirement that criminal convictions and cautions must be disclosed in the context of an enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant.”

Full story

Panopticon, 10th October 2013


Welsh court processes 86 people over ‘crash for cash’ insurance conspiracy – The Guardian

Posted October 11th, 2013 in conspiracy, fraud, insurance, news, prosecutions, Wales by sally

“Magistrates court closes to all other cases as people aged 23 to 71 face conspiracy charges over fraud involving repair garage.”

Full story

The Guardian, 10th October 2013


Behind closed doors: how to avoid the problems of private proceedings – Sports Law Bulletin from Blackstone Chambers

Posted October 11th, 2013 in news, private hearings, sport, tribunals by sally

“Arbitration is increasingly sport’s forum of choice for determining disputes. But the widespread adoption of this private and confidential process brings problems of its own. For example, how can parties ensure consistency of decision-making if they are unable to access decisions that have gone before? And what is to be done if different parties have the same dispute with a governing body, but there is no consent that the disputes be heard together?”

Full story

Sports Law Bulletin from Blackstone Chambers, 10th October 2013


Senior Costs Judge lays down marker by slashing ATE premium in PPI case – Litigation Futures

Posted October 11th, 2013 in costs, insurance, news, proportionality by sally

“The Senior Costs Judge has slashed the after-the-event (ATE) premium claimed in a payment protection insurance (PPI) case, giving hope to defendants currently facing huge bills for mis-selling.”

Full story

Litigation Futures, 10th October 2013


Do you have a Right to Rent? – NearlyLegal

Posted October 11th, 2013 in bills, housing, human rights, immigration, landlord & tenant, news by sally

“The Government has today published the Immigration Bill in the Commons. We have previously commented on this planned bill and we had been hoping that it might be quietly shelved or downgraded. However that appears not to be the case. From our point of view we are only interested in the housing related provisions in Chapter 1 of Part 3 (which start here) and I am not going to discuss the rest of the Bill.”

Full story

NearlyLegal, 10th October 2013


Exclusive: Watchdog takes police to court over airport ‘harassment’ – The Independent

“Scotland Yard acted unlawfully after failing to fully investigate claims that innocent Muslims were detained and harassed at airports under sweeping anti-terrorism laws, the police watchdog has claimed.”

Full story

The Independent, 10th October 2013


Cats, bags, rings and rooms: the problem of confidentiality – Competition Bulletin from Blackstone Chambers

Posted October 11th, 2013 in competition, confidentiality, news, tribunals by sally

“Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 provides some help.”

Full story

Competition Bulletin from Blackstone Chambers, 11th October 2013


Silver splitter surge leaves divorce lawyers with new headache – the meddling children – Daily Telegraph

Posted October 11th, 2013 in divorce, elderly, families, news by sally

“It is a job which has always required the skills of a diplomat, conflict negotiator, property expert and financial whizz all rolled into one.”

Full story

Daily Telegraph, 10th October 2013


Up to 450,000 face court over council tax arrears – The Independent

Posted October 11th, 2013 in council tax, debts, local government, news, taxation by sally

“More than 450,000 people could already have received a court summons because they have fallen into arrears with their council tax payments following changes to the system, it was claimed.”

Full story

The Independent, 11th October 2013


Michael Bennison trial stopped over ‘lost’ DNA evidence – BBC News

Posted October 11th, 2013 in attempted murder, attempts, DNA, evidence, murder, news, wounding by sally

“The trial of a man for the attempted murder of a woman in York has been abandoned after DNA evidence was lost.”

Full story

BBC News, 9th October 2013