BAILII: Recent Decisions
Court of Appeal (Civil Division)
Thinc Group Ltd v Armstrong & Anor [2012] EWCA Civ 1227 (02 October 2012)
High Court (Administrative Court)
Source: www.bailii.org
Author: sally
Magistrates’ Court Sentencing Guidelines updated – Sentencing Council
“The Magistrates’ Court Sentencing Guidelines which includes Update 9 (the update on the Victim Surcharge) are now available to download.”
Magistrates’ Court Sentencing Guidelines (PDF)
Sentencing Council, 1st October 2012
Calling media lawyers: the bench needs you – The Guardian
“Senior high court judge Michael Tugendhat says media lawyers have a duty to seek judicial appointments.”
The Guardian, 2nd October 2012
Source: www.guardian.co.uk
Greater rights for motorists – Home Office
“From today (1 October), motorists will be given greater rights as new laws banning wheel clamping and towing take effect.”
Home Office, 1st October 2012
Source: www.homeoffice.gov.uk
Can you legislate for responsible capitalism? Yes, here’s how – The Guardian
“The Companies Act 2006 was a step, but we urgently need a commission on responsible capitalism.”
The Guardian, 2nd October 2012
Source: www.guardian.co.uk
National Union of Mineworkers launches court bid to challenge Arthur Scargill – The Independent
“The National Union of Mineworkers today asked the High Court to decide whether it is obliged to meet the cost of former leader Arthur Scargill staying in his London flat.”
The Independent, 2nd October 2012
Source: www.independent.co.uk
Cadbury hits a purple patch with legal victory to secure trademark – The Guardian
“Christian Louboutin has secured the trademark for the distinctive red used on the soles of shoes he designs, and the retailer Harrods has a trademark over the shade of green synonymous with its brand. Now confectionery giant Cadbury has won a lengthy court battle giving it the right to the trademark for the distinctive colour of purple it uses for the packaging of its milk chocolate.”
The Guardian, 2nd October 2012
Source: www.guardian.co.uk
‘Wet with excitement’ Harvey Nichols advert cleared – Daily Telegraph
“An advert for a Harvey Nichols sale has escaped censure despite attracting 105 complaints that it pictured people who had apparently wet themselves with excitement.”
Daily Telegraph, 3rd October 2012
Source: www.telegraph.co.uk
Big Fat Gypsy Weddings poster ‘endorsed negative stereotypes’ – The Guardian
“The advertising watchdog has criticised Channel 4’s controversial Big Fat Gypsy Weddings poster campaign, ruling that it depicted a child in a sexualised way and reinforced negative stereotypes.”
The Guardian, 3rd October 2012
Source: www.guardian.co.uk
Government should have consulted Child Poverty Commission on welfare strategy – UK Human Rights Blog
“The government had acted unlawfully by removing the Child Poverty Commission, an advisory body set up under the Child Poverty Act 2010 . They had also acted beyond their powers by preparing a child poverty strategy without having requested and having regard to the advice of that Commission. But government is free to formulate new policy and as such there was nothing irrational about the strategy itself.”
UK Human Rights Blog, 2nd October 2012
Source: www.ukhumanrightsblog.com
Tony Nicklinson right-to-die refused Court of Appeal hearing – BBC News
“High Court judges have refused permission for the case of a man who fought for the right to die to go to the Court of Appeal.”
BBC News, 2nd October 2012
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2012] EWHC 2637 (Ch) (01 October 2012)
High Court (Administrative Court)
Nursing and Midwifery Council v Donga [2012] EWHC 2587 (Admin) (18 September 2012)
Nursing and Midwifery Council v McConaghy [2012] EWHC 2520 (Admin) (03 September 2012)
Nursing and Midwifery Council v Lastauskas [2012] EWHC 2521 (Admin) (3 September 2012)
Nursing and Midwifery Council v Fitzgerald [2012] EWHC 2522 (Admin) (03 September 2012)
Source: www.bailii.org
Offenders must pay to support crime victims – Ministry of Justice
“From today (1 October) many more criminals will be made to pay towards supporting victims of crime. Currently offenders only contribute around one sixth of the funding that supports victims’ services. Hard-working taxpayers provide the rest.”
Ministry of Justice, 1st October 2012
Source: www.justice.gov.uk
Abu Hamza makes high court bid to avoid extradition – The Guardian
“Lawyers for terrorist suspects facing imminent extradition to the US, including the radical Islamist cleric Abu Hamza, are due in court to make last-ditch appeals against their removal.”
The Guardian, 2nd October 2012
Source: www.guardian.co.uk
Should doctors convicted of sexual offences be automatically banned? – Halsbury’s Law Exchange
“The Telegraph and the Daily Mail are using convicted doctors as ammunition in their latest assault on the Human Rights Act. ‘Dozens of convicted sex offenders are working as doctors, it has emerged’, fulminates The Telegraph. ‘At least 31 men are practising as GPs, consultants and surgeons despite having convictions for assaulting women, possessing child pornography or soliciting prostitutes’. And it’s all the fault of the bête noire – human rights. ‘The General Medical Council (GMC) said it was unable to ban medics for being on the sex offenders’ register as it has been advised that such a move would not be compatible with human rights legislation’.”
Halsbury’s Law Exchange, 1st October 2012
Source: www.halsburyslawexchange.co.uk
Mis-sold Mortgages – The Next Big Claim In The Financial Sector – Hardwicke Chambers
“Type in ‘mis-sold mortgages’ on a Google search and you will discover literally hundreds of internet businesses vying for the opportunity to pursue a claim to the Financial Services Authority (FSA). If you thought PPI was big, you ain’t seen nothing yet; with millions already having been put aside to meet the thousands of potential claims that arise from possible mis-selling of mortgages during the boom years of 2004 to 2009.”
Hardwicke Chambers, 27th September 2012
Source: www.hardwicke.co.uk
Protecting creativity: new small claims track for IP cases – The Guardian
“Until now taking legal action against others who copy creative work, brand names and logos or otherwise try to take advantage of someone else’s creativity has been beyond the reach of most people. That changes on Monday when the small claims track becomes available for intellectual property claims in England and Wales.”
The Guardian, 2nd October 2012
Source: www.guardian.co.uk
Rape accused was victim of forensics error, regulator finds – The Guardian
“A man who was wrongly charged with rape was the ‘innocent victim of an avoidable contamination’ at a private forensics laboratory, an official report concludes.”
The Guardian, 1st October 2012
Source: www.guardian.co.uk
