BAILII: Recent Decisions

Posted July 12th, 2012 in law reports by sally

Supreme Court

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & Anor[2012] UKSC 31 (11 July 2012)

ANS & Anor v ML [2012] UKSC 30 (11 July 2012)

Court of Appeal (Criminal Division)

BA, R v [2012] EWCA Crim 1529 (11 July 2012)

Court of Appeal (Civil Division)

Keay & Anor v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900 (11 July 2012)

Holmes & Anor v Evans & Anor [2012] EWCA Civ 941 (11 July 2012)

BA & Ors v Secretary of State for the Home Department [2012] EWCA Civ 944 (11 July 2012)

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 945 (11 July 2012)

Schofield v HM Revenue and Customs [2012] EWCA Civ 927 (11 July 2012)

Waite v Paccar Financial Plc [2012] EWCA civ 901 (10 July 2012)

High Court (Family Division)

W v H [2012] EWHC 1103 (Fam) (02 May 2012)

C, Re [2012] EWHC 907 (Fam) (22 March 2012)

High Court (Administrative Court)

Harrow Community Support Ltd v The Secretary of State for Defence [2012] EWHC 1921 (Admin) (10 July 2012)

Eventech Ltd v The Parking Adjudicator & Anor [2012] EWHC 1903 (Admin) (11 July 2012)

Waghorn v Care Quality Commission [2012] EWHC 1816 (Admin) (11 July 2012)

High Court (Commercial Court)

Taokas Navigation SA v Komrowski Bulk Shipping KG (GmbH & Co) & Ors [2012] EWHC 1888 (Comm) (11 July 2012)

High Court (Patents Court)

Generics [uk] Ltd (t/a Mylan) v Yeda Research and Development Co Ltd & Anor [2012] EWHC 1848 (Pat) (11 July 2012)

Source: www.bailii.org

Badger cull ruling due in high court – The Guardian

Posted July 12th, 2012 in animals, environmental protection, judicial review, news by sally

“The high court will rule on Thursday on whether farmers and landowners can legally cull thousands of badgers to tackle tuberculosis in cattle.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 12th, 2012 in legislation by sally

The Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations 2012

The Whole of Government Accounts (Designation of Bodies) Order 2012

The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2012

The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2012

The Local Government Officers (Political Restrictions) (Amendment) (England) Regulations 2012

The Payment Services Regulations 2012

The INSPIRE (Amendment) Regulations 2012

The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

The Syria (Restrictive Measures) (Overseas Territories) Order 2012

The Iran (Restrictive Measures) (Overseas Territories) Order 2012

The Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012

Source: www.legislation.gov.uk

Views sought on Government’s ‘communications data’ surveillance plans – OUT-LAW.com

“A Parliamentary committee is seeking views on Government plans to expand existing laws on communications surveillance.”

Full story

OUT-LAW.com, 11th July 2012

Source: www.out-law.com

Justice for murdered rape victims: the DPP changes policy on rape counts left on file – Halsbury’s Law Exchange

Posted July 12th, 2012 in families, murder, news, rape, victims by sally

“Last week Kier Starmer QC, the Director of Public Prosecutions (DPP), announced that cases of rape linked to murder should be prosecuted rather than being left on file.”

Full story

Halsbury’s Law Exchange, 11th July 2012

Source: www.halsburyslawexchange.co.uk

“It’s make or break for the criminal bar”: interview with John Cooper QC – Head of Legal

Posted July 12th, 2012 in barristers, legal aid, podcasts, quality assurance by sally

“I spoke to John Cooper QC today at his chambers to ask him why he’s standing for Vice-Chair of the Criminal Bar Association, and why in his manifesto he raises the prospect of potential industrial action by barristers in response to government policies on criminal legal aid.”

Podcast

Head of Legal, 11th July 2012

Source: www.headoflegal.com

‘Human right to benefits’ could be included in law reform – Daily Telegraph

“Every Briton could have a guaranteed entitlement to welfare benefits in a ‘far-reaching’ expansion of human rights proposed by the body that was intended by David Cameron to rein in the law.”

Full story

Daily Telegraph, 11th July 2012

Source: www.telegraph.co.uk

Judge rejects bid to stop Olympic rooftop missiles – The Independent

Posted July 10th, 2012 in defence, news, sport, terrorism, weapons by sally

“Alarmed residents have lost their High Court battle to prevent surface-to-air missiles being stationed on the roof of a 17-storey residential tower block during the Olympics.”

Full story

The Independent, 10th July 2012

Source: www.independent.co.uk

Bar-solicitor divisions ‘music to government’s ears’ – Law Society’s Gazette

Posted July 10th, 2012 in barristers, legal profession, news, solicitors by sally

“Two leading criminal lawyers have called for solicitors and barristers to stop arguing among themselves and unite, to promote their clients’ interests and the justice system.”

Full story

Law Society’s Gazette, 10th July 2012

Source: www.lawgazette.co.uk

Discrimination & employment status: a new or a false dawn? – Hardwicke Chambers

Posted July 10th, 2012 in employment, equality, news, self-employment by sally

“When trying to answer the question, is this claimant an employee under section 230 of the Employment Rights Act 1996 (‘ERA’)?, we at least know what tests should be applied, even if applying them can be difficult in practice. What has been harder is deciding whether someone who is not an employee under the ERA is in ’employment under… a contract personally to do work’ under the Equality Act 2010 (EqA) or its predecessors. Chris Camp considers employment status in discrimination law, in light, in particular, of the recent Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40.”

Full story

Hardwicke Chambers, 5th July 2012

Source: www.hardwicke.co.uk

Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

Full story (PDF)

Zenith Chambers, 5th July 2012

Source: www.zenithchambers.co.uk

Command Papers – official-documents.gov.uk

Posted July 10th, 2012 in parliamentary papers by sally

Reform of the Office of Children’s Commissioner: draft legislation, Cm 8390 (PDF)

HM Government response to the House of Lords Select Committee on the Constitution 3rd Report of Session 2012-13: The Justice and Security Bill, Cm 8404 (PDF)

Source: www.official-documents.gov.uk

Regina v Bewley – WLR Daily

Posted July 10th, 2012 in appeals, firearms, law reports, weapons by sally

Regina v Bewley [2012] EWCA Crim 1457; [2012] WLR (D) 197

“A weapon from which a missile could be discharged only by means of elaborate steps taken with the use of additional equipment was not a firearm within section 57(1) of the Firearms Act 1968.”

WLR Daily, 6th July 2012

Source: www.iclr.co.uk

Regina v Aldridge; Regina v Eaton – WLR Daily

Posted July 10th, 2012 in appeals, law reports, sentencing, sexual offences prevention orders by sally

Regina v Aldridge; Regina v Eaton [2012] EWCA Crim 1456; [2012] WLR (D) 196

“Although no provision had expressly been made for an appeal against a variation or refusal to vary a Sexual Offences Prevention Order, which was a clear legislative oversight, there was authority that a variation of such an order constituted “an order made by the court when dealing with an offender” falling within the broad context of section 50 of the Criminal Appeal Act 1968. That decision had not been decided per incuriam and was binding. When deciding these appeals the court had been sitting in the Court of Appeal, Criminal Division, rather than the Court of Appeal, Civil Division.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Leytonstone residents in court to challenge Olympic missiles – The Guardian

Posted July 10th, 2012 in defence, news, sport, terrorism, weapons by sally

“Residents of a tower block near the Olympic Park will learn on Tuesday whether they have the right to challenge an unprecedented decision by the army to deploy high velocity missiles in a residential area.”

Full story

The Guardian,9th July 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 10th, 2012 in legislation by sally

The Education (School Teachers) (Qualifications and Specified Work) (Miscellaneous Amendments) (England) Regulations 2012

The Charities (Exception from Registration) (Amendment) Regulations 2012

The Scotland Act 2012 (Commencement No. 1) Order 2012

The Consumer Credit (Total Charge for Credit) (Amendment) Regulations 2012

The Easton and Otley College (Incorporation) Order 2012

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2012

Source: www.legislation.gov.uk

‘Secret justice’ bill will mean no justice at all – The Guardian

Posted July 10th, 2012 in bills, closed material, intelligence services, news, private hearings by sally

“National security doesn’t mean we should jettison our proud tradition of fair trials – peers must oppose this bill.”

Full story

The Guardian, 9th July 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 10th, 2012 in law reports by sally

High Court (Chancery Division)

Pressdram Ltd v Whyte [2012] EWHC 1885 (Ch) (30 May 2012)

High Court (Administrative Court)

London Borough of Islington v Secretary of State for Communities and Local Government & Ors [2012] EWHC 1716 (Admin) (27 June 2012)

High Court (Commercial Court)

Tael One Partners Ltd v Morgan Stanley & Co International Plc [2012] EWHC 1858 (Comm) (09 July 2012)

High Court (Patents Court)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWHC 1882 (Pat) (09 July 2012)

Source: www.bailii.org

Senior judge likens wealthy divorcing couple to squabbling children – Daily Telegraph

Posted July 10th, 2012 in divorce, judges, news by sally

“A senior judge has likened a ‘very rich’ couple to a pair of squabbling children as they fight over the fairness of their £26million divorce settlement.”

Full story

Daily Telegraph, 9th July 2012

Source: www.telegraph.co.uk

Supreme court president to be confirmed by No 10 within weeks – The Guardian

Posted July 10th, 2012 in judges, news, Supreme Court by sally

“Downing Street will confirm the appointment of the United Kingdom’s most senior judge this month, resolving a behind-the-bench contest that could result in the first ever female president of the supreme court.”

Full story

The Guardian, 10th July 2012

Source: www.guardian.co.uk