Author: sally

BAILII: Recent Decisions

Posted March 26th, 2012 in law reports by sally

Court of Appeal (Civil Division)

E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012)

High Court (Chancery Division)

Nokia Corporation v AU Optronics Corporation & Ors [2012] EWHC 731 (Ch) (23 March 2012)

Pegasus v Ernst & Young [2012] EWHC 738 (Ch) (23 March 2012)

Seaton & Ors v [2012] EWHC 735 (Ch) (23 March 2012)

High Court (Administrative Court)

Sutton, R (on the application of) v Calderdale Council [2012] EWHC 637 (Admin) (21 March 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 662 (TCC) (22 March 2012)

High Court (Commercial Court)

UBS Ltd & Anor v Regione Calabria [2012] EWHC 699 (Comm) (23 March 2012)

DEPFA Bank Plc v Provincia Di Pisa [2012] EWHC 687 (Comm) (23 March 2012)

British American Tobacco Switzerland SA & Ors v Exel Europe Ltd & Ors [2012] EWHC 694 (Comm) (23 March 2012)

Enercon GmbH Wobben Properties GmbH v Enercon (India) Ltd [2012] EWHC 689 (Comm) (23 March 2012)

Source: www.bailii.org

Watchdog plans hefty rise in compensation maximum – Law Society’s Gazette

Posted March 26th, 2012 in compensation, complaints, fees, legal ombudsman, news, time limits by sally

“The Legal Ombudsman is planning a 66% rise – to £50,000 – in the maximum amount of compensation it can force lawyers to pay clients who receive poor service.”

Full story

Law Society’s Gazette, 26th March 2012

Source: www.lawgazette.co.uk

Regulators approve new scheme to measure quality at criminal Bar – Legal Week

Posted March 26th, 2012 in advocacy, barristers, news, quality assurance, queen's counsel, solicitors, Solicitors Regulation Authority by sally

“A controversial new scheme for criminal barristers that could see QCs paid the same as leading juniors is a step closer to coming into effect after being approved by a trio of legal regulators.”

Full story

Legal Week, 26th March 2012

Source: www.legalweek.com

Motherhood is no bar – The Lawyer

Posted March 26th, 2012 in barristers, families, flexible working, news, queen's counsel by sally

“Contrary to popular perception, the bar is not such a bad place for mothers. Or so says Rebecca Sabben-Clare of 7KBW, one of 88 barristers to be made up in the latest silk round.”

Full story

The Lawyer, 26th March 2012

Source: www.thelawyer.com

Ban on cheap alcohol could break law – Daily Telegraph

Posted March 26th, 2012 in alcohol abuse, budgets, news, parliament by sally

“Britain is likely to be sued over plans to raise the price of cheap alcohol after European officials amid warnings from the drinks industry that the policy could be illegal.”

Full story

Daily Telegraph, 24th March 2012

Source: www.telegraph.co.uk

Protesters cleared of Fortnum and Mason trespass – The Independent

Posted March 26th, 2012 in budgets, demonstrations, news, trespass, trials by sally

“Eight protesters who were accused of occupying Fortnum and Mason during an anti-cuts demonstration last year were today acquitted of trespass.”

Full story

The Independent, 23rd March 2012

Source: www.independent.co.uk

Assisted dying policy put to Commons vote – The Guardian

Posted March 26th, 2012 in assisted suicide, euthanasia, news, parliament, prosecutions by sally

“Parliament will this week be forced to confront the question of whether people who help loved ones end their lives should escape prosecution. MPs will be asked to vote in support of guidance drawn up by the director of public prosecutions two years ago that distinguishes between compassionate amateur assistance, which is unlikely to result in prosecution, and malicious encouragement, which can carry a maximum 14-year sentence.”

Full story

The Guardian, 25th March 2012

Source: www.guardian.co.uk

Tribunal hands down key privilege ruling in OFT dairy pricing case – Legal Week

Posted March 26th, 2012 in competition, news, price fixing, privilege, tribunals by sally

“The Competition Appeal Tribunal (CAT) has held that confidentiality under litigation privilege applies to Competition Act investigations, in a key ruling in the Office of Fair Trading’s (OFT’s) long-running investigation into dairy retail pricing.”

Full story

Legal Week, 26th March 2012

Source: www.legalweek.com

Current judicial appointments system is ‘not fit for purpose’, says report – The Guardian

Posted March 26th, 2012 in diversity, equality, judiciary, news by sally

“New arrangements for appointing senior judges are needed to ensure a more diverse judiciary, according to a report published on Monday. It calls for the concept of ‘merit’ to be redefined and raises concerns that one branch of government risks becoming a self-perpetuating oligarchy.”

Full story

The Guardian, 26th March 2012

Source: www.guardian.co.uk

Twice as many judges needed to handle benefits appeals – Daily Telegraph

Posted March 26th, 2012 in appeals, benefits, disabled persons, judiciary, news, remuneration, tribunals by sally

“Twice as many judges are needed to handle the high volume of appeals under the Government’s controversial new welfare regime, at a cost of at least £1million a year.”

Full story

Daily Telegraph, 26th March 2012

Source: www.telegraph.co.uk

Privacy injunctions to get clean bill of health from parliament – The Guardian

Posted March 26th, 2012 in injunctions, media, news, parliamentary privilege, privacy, public interest by sally

“High court privacy injunctions have been given a clean bill of health by a special committee of MPs and peers which were set up in the fallout of the Ryan Giggs gagging order.”

Full story

The Guardian, 23rd March 2012

Source: www.guardian.co.uk

Families win landmark ruling on £600m asbestos compensation – The Independent

Posted March 26th, 2012 in asbestos, compensation, families, health & safety, insurance, news, victims by sally

“Thousands of families whose relatives were killed by asbestos cancers will win a landmark compensation victory this week, sources have told The Independent on Sunday. The Supreme Court will rule on Wednesday that insurers who offered cover at the time victims inhaled the deadly fibres will have to pay compensation.”

Full story

The Independent, 25th March 2012

Source: www.independent.co.uk

Musical Youth lose legal battle over Pass The Dutchie – The Guardian

Posted March 26th, 2012 in copyright, legal representation, news by sally

“Ex-members of a child reggae band that hit the heights with a song about a stewing pot 30 years ago have lost a legal battle with their former lawyers.”

Full story

The Guardian, 23rd March 2012

Source: www.guardian.co.uk

MPs’ expenses receipts to stay secret, IPSA rules – Daily Telegraph

Posted March 26th, 2012 in disclosure, expenses, freedom of information, news, parliament by sally

“MPs’ expenses receipts should not be shown to the public, Westminster’s new standards watchdog has ruled.”

Full story

Daily Telegraph, 24th March 2012

Source: www.telegraph.co.uk

Financial adviser fraudsters told to pay back £1 each – BBC News

Posted March 26th, 2012 in assets recovery, financial advice, fraud, mortgages, news by sally

“Two financial advisers who conned investors out of £3m in a property scam which they lost gambling have been ordered to pay back just £1 each.”

Full story

BBC News, 24th March 2012

Source: www.bbc.co.uk

Injured student protester faces trial for violent disorder – The Guardian

Posted March 26th, 2012 in demonstrations, inquiries, news, personal injuries, police, trials, victims, violent disorder by sally

“A philosophy student who claimed he suffered head injuries from a police baton during the anti-fees protest in London faces trial on Monday for violent disorder at the demonstration.”

Full story

The Guardian, 25th March 2012

Source: www.guardian.co.uk

Art of court stenographer faces the final sentence – The Independent

Posted March 26th, 2012 in courts, news, reports, standards by sally

“Charlie Cooper discovers what we’ll lose when the law enters the digital age.”

Full story

The Independent, 24th March 2012

Source: www.independent.co.uk

Oxford law graduate cleared of role in London riot – The Guardian

Posted March 26th, 2012 in evidence, news, trials, violent disorder, witnesses by sally

“An Oxford law graduate accused of throwing bricks at police during last summer’s riots walked free from court on Friday after a jury took just half an hour to find him not guilty.”

Full story

The Guardian, 25th March 2012

Source: www.guardian.co.uk

Deferred prosecution agreement legislation to be introduced, Solicitor General says – OUT-LAW.com

Posted March 22nd, 2012 in bills, company law, deferred prosecution agreements, fines, news, penalties, prosecutions by sally

“The Government will introduce new laws that enable businesses and prosecutors to negotiate the punishments those firms should face for unlawful activity before the end of this Parliament, a top legal advisor has said.”

Full story

OUT-LAW.com, 22nd March 2012

Source: www.out-law.com

Flood v Times Newspapers, Supreme Court allows “Reynolds” appeal – UK Human Rights Blog

Posted March 22nd, 2012 in defamation, news, privilege, public interest, Supreme Court by sally

“In a unanimous decision ([2012] UKSC 11) the Supreme Court allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that it could not rely on Reynolds qualified privilege. The Supreme Court restored the decision of Mr Justice Tugendhat ([2009] EWHC 2375 (QB)) who had ruled, on the hearing of a preliminary issue, that the Times was entitled to rely on the defence of Reynolds qualified privilege in relation to the printed publication of the article about the claimant.”

Full story

UK Human Rights Blog, 22nd March 2012

Source: www.ukhumanrightsblog.com