BAILII: Recent Decisions

Posted November 6th, 2014 in law reports by sally

Supreme Court

Les Laboratoires Servier & Anor v Apotex Inc & Ors (Rev 1) [2014] UKSC 55 (29 October 2014)

Court of Appeal (Civil Division)

Jacobs v Sesame Ltd [2014] EWCA Civ 1410 (30 October 2014)

Grace & Anor v Black Horse Ltd [2014] EWCA Civ 1413 (30 October 2014)

M (A Child: Long-Term Foster Care) [2014] EWCA Civ 1406 (30 October 2014)

ZZ (Tanzania) v The Secretary of State for the Home Department [2014] EWCA Civ 1404 (29 October 2014)

High Court (Chancery Division)

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014)

High Court (Technology and Construction Court)

Liberty Mercian Ltd v Cuddy Civil Engineering Ltd & Anor [2014] EWHC 3584 (TCC) (30 October 2014)

CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors [2014] EWHC 3546 (TCC) (29 October 2014)

High Court (Commercial Court)

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GMBH [2014] EWHC 3615 (Comm) (04 November 2014)

Source: www.bailii.org

Anxious Scrutiny – Speech by Lord Sumption

Posted November 6th, 2014 in human rights, news, proportionality, speeches, treaties by sally

Anxious Scrutiny (PDF)

Lord Sumption

Administrative Law Bar Association Annual Lecture, 4th November 2014

Source: www.supremecourt.uk

Children Public Law Update – Family Law Week

Posted November 6th, 2014 in adoption, appeals, news, placement orders, reporting restrictions by sally

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

Full story

Family Law Week, 5th November 2014

Source: www.familylawweek.co.uk

‘Worst’ bird of prey poisoner Allen Lambert given suspended sentence – BBC News

Posted November 6th, 2014 in birds, guilty pleas, news, pesticides, poisoning, suspended sentences by sally

‘A gamekeeper convicted of “the worst case of bird of prey poisoning” recorded in England has been given a 10-week suspended sentence.’

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BBC News, 6th November 2014

Source: www.bbc.co.uk

Government gives green light to level crossing reform – Law Commission

Posted November 6th, 2014 in health & safety, Law Commission, news, railways, road safety, roads by sally

‘The Government has accepted the majority of the reforms to level crossing law recommended by the Law Commission and Scottish Law Commission, and has committed to review the remainder.’

Full story

Law Commission, 5th November 2014

Source: www.lawcommission.justice.gov.uk

Government on Trial – BBC Law in Action

‘The Appeal Court has allowed a Libyan man to proceed with legal action against the British government, despite the government’s claim that the case could damage relations with the United States. Joshua Rozenberg discusses the implications.’

Listen

BBC Law in Action, 4th November 2014

Source: www.bbc.co.uk

‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

Full story

Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

Major report calls for quotas to increase diversity at top of judiciary – Litigation Futures

Posted November 6th, 2014 in consultations, diversity, judiciary, news, part-time work, reports by sally

‘A quota system should be introduced to address the under-representation of women and ethnic minority judges, a major independent report commissioned by the Labour Party has recommended.’

Full story

Litigation Futures, 6th November 2014

Source: www.litigationfutures.com

Unhappy father must stop ‘snide remarks’ about ex-partner’s lesbian lover, judge rules – Daily Telegraph

Posted November 6th, 2014 in contact orders, families, news by sally

‘Mrs Justice Pauffley suggested the man and his ex-partner should talk about the ‘distress, unhappiness, mistrust and bitterness’ rather than sniping at each other.’

Full story

Daily Telegraph, 5th November 2014

Source: www.telegraph.co.uk

Letting in a chink of light to closed material cases : Bank Mellat again – UK Human Rights Blog

Posted November 6th, 2014 in banking, closed material, disclosure, human rights, news, setting aside by sally

‘Fireworks here from Collins J in making sure that Bank Mellat got some disclosure of information in its fight to discharge a financial restriction order against it.’

Full story

UK Human Rights Blog, 5th November 2014

Source: www.ukhumanrightsblog.com

Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

Full story

Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

BSkyB sport channels can air on rival BT service, court says – BBC News

Posted November 6th, 2014 in competition, evidence, media, news, sport, tribunals by sally

‘A UK court has ruled that pay TV broadcaster BSkyB must make its Sky Sports 1 and 2 channels available on rival BT’s YouView service.’

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BBC News, 5th November 2014

Source: www.bbc.co.uk

Supreme Court backs law firm in breach of trust dispute – Legal Futures

Posted November 6th, 2014 in appeals, breach of trust, damages, law firms, news, Supreme Court by sally

‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’

Full story

Legal Futures, 6th November 2014

Source: www.legalfutures.co.uk

Page 3 model ad banned for being ‘sexist and objectifiying women’ – Daily Telegraph

Posted November 6th, 2014 in advertising, gambling, media, news, sex discrimination by sally

‘The newspaper advert, which offered a date with a Page 3 model as a prize, has been criticised by the Advertising Standards Authority.’

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Daily Telegraph, 5th November 2014

Source: www.telegraph.co.uk

European Arrest Warrant: Judges urge UK support – BBC News

Posted November 6th, 2014 in EC law, extradition, judges, legal profession, news, warrants by sally

‘The UK risks becoming a “safe haven” for foreign criminals if it votes to opt out of the European Arrest Warrant (EAW) system, senior judges have said.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

IPO explains how government will resolve complaints about rights holder technical restrictions on lawful copying – OUT-LAW.com

Posted November 6th, 2014 in complaints, copyright, education, intellectual property, news, universities by sally

‘Universities, research bodies and other organisations that want to benefit from “an eligible copyright exception” but are prevented from doing so because the works they wish to copy are subject to technological protection measures (TPMs) can now raise a complaint with the UK government.’

Full story

OUT-LAW.com, 5th November 2014

Source: www.out-law.com

The Dickens Dossier: Secret file on establishment paedophiles may be opened – The Independent

Posted November 6th, 2014 in child abuse, disclosure, documents, inquiries, news, sexual offences by sally

‘A secret file which is said to contain the names of paedophiles with links to the British establishment and which is rumoured to be locked away in archives at the University of Oxford’s Bodleian Library, could be made public as part of the Government’s child abuse inquiry.’

Full story

The Independent, 5th November 2014

Source: www.independent.co.uk

Nottingham dog owner banned after pet attacked woman – BBC News

Posted November 6th, 2014 in animals, compensation, dogs, news, sentencing, supervision orders, suspended sentences by sally

‘A woman has been banned from owning animals for life after her dog mauled her pregnant friend, tearing off part of her lip and almost killing her.’

Full story

BBC News, 5th November 2014

Source: www.bbc.co.uk