BAILII: Recent Decisions

Posted May 17th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Doyle & Ors v R [2012] EWCA Crim 995 (16 May 2012)

Court of Appeal (Civil Division)

Rehill v Rider Holdings Ltd [2012] EWCA Civ 628 (16 May 2012)

Sulamerica CIA Nacional De Seguros SA & Ors v Enesa Engenharia SA & Ors [2012] EWCA Civ 638 (16 May 2012)

Sucafina SA v Rotenberg [2012] EWCA Civ 637 (16 May 2012)

JSC BTA Bank v Ablyazov [2012] EWCA Civ 639 (16 May 2012)

Durden v Aston [2012] EWCA Civ 636 (16 May 2012)

Ibrahim v Barclays Bank Plc & Anor [2012] EWCA Civ 640 (16 May 2012)

Telchadder v Wickland (Holdings) Ltd [2012] EWCA Civ 635 (16 May 2012)

Supreme Court

Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd [2012] EWHC 1283 (QB) (16 May 2012)

Secretary of State for Justice v LSM Professional Ltd & Anor [2012] EWHC 1280 (QB) (16 May 2012)

High Court (Administrative Court)

Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council [2012] EWHC 1260 (Admin) (16 May 2012)

Haworth, R (on the application of) v Northumbria Police Authority [2012] EWHC 1225 (Admin) (16 May 2012)

High Court (Commercial Court)

Western Bulk Shipowning III A/S v (Carbofer Maritime Trading APS & Ors [2012] EWHC 1224 (Comm) (11 May 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted May 17th, 2012 in legislation by sally

The Finance Act 2004, Section 180(5) (Modification) Regulations 2012

The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012

The Welfare Reform Act 2009 (Commencement No.8) Order 2012

Source: www.legislation.gov.uk

Media organisations win legal fight over Dale Farm footage – BBC News

Posted May 17th, 2012 in disclosure, evidence, media, news, police, repossession, travellers by sally

“Media organisations have won a High Court battle over police orders to hand over film of the evictions from the traveller site at Dale Farm in Essex.”

Full story

BBC News, 17th May 2012

Source: www.bbc.co.uk

Jury trials – Halsbury’s Law Exchange

Posted May 17th, 2012 in juries, news, trial without jury by sally

“There appears to be an emerging consensus on Halsbury’s Law Exchange that jury trials are a good thing – see previous blogs here and here. This may be so, but the four mainstream arguments commonly advanced to support jury trials, and repeated in previous articles, do not stand serious scrutiny.”

Full story

Halsbury’s Law Exchange, 16th May 2012

Source: www.halsburyslawexchange.co.uk

Can mediation always rise to the occasion? – Law Society’s Gazette

Posted May 17th, 2012 in arbitration, legal services, news by sally

“The numbers of family and commercial mediations are growing – but while an elite group of commercial mediators is earning six figures, newcomers in both fields are finding it hard to gain the experience to break into the market. CEDR’s fifth mediation audit, published this week, shows the top commercial mediator earned £700,000 last year in a market dominated by about 100 mediators – mostly lawyers – doing 85% of the non-scheme mediations and averaging about £300,000.”

Full story

Law Society’s Gazette, 17th May 2012

Source: www.lawgazette.co.uk

Libel on the internet: Christian author takes on Dawkins and Amazon – UK Human Rights Blog

Posted May 17th, 2012 in defamation, internet, news, striking out by sally

“In an interesting ruling on a strike-out action against a libel claim, a High Court judge has delineated the scope for defamation in blog posts and discussion threads where the audience is small and the libel limited.”

Full story

UK Human Rights Blog, 16th May 2012

Source: www.ukhumanrightsblog.com

Law banning insulting words and behaviour ‘has to end’ – BBC

Posted May 17th, 2012 in freedom of expression, harassment, news, public order by sally

“A law banning ‘insulting’ words or behaviour should be removed in an effort to protect free speech, MPs and civil rights groups have said.”

Full story

BBC News, 16th May 2012

Source: www.bbc.co.uk

If Sumption has his way, courts will hold the foreign secretary to account – The Guardian

Posted May 17th, 2012 in judges, judicial review, news, speeches by sally

“Supreme court justice’s speech heralds the growing self-confidence of judges when addressing foreign policy issues.”

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The Guardian, 16th May 2012

Source: www.guardian.co.uk

Boy faces life for murder after conkers row – The Independent

Posted May 17th, 2012 in closed circuit television, murder, news, young offenders by sally

“A boy of 15 is facing a life sentence after being found guilty yesterday of murdering a student who was stabbed in a row over conkers.”

Full story

Independent, 17th May 2012

Source: www.independent.co.uk

Sam Hallam released after seven years in prison – The Guardian

“Sam Hallam became one of the youngest victims of a miscarriage of justice on Wednesday when the court of appeal released him after he served seven years for murder.”

Full story

The Guardian, 16th May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 15th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Alecu v R. [2012] EWCA Crim 994 (15 May 2012)

Court of Appeal (Civil Division)

Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012)

Blair v The Chief Constable of Sussex Police [2012] EWCA Civ 633 (15 May 2012)

Yeates v AVIVA Insurance UK Ltd [2012] EWCA Civ 634 (15 May 2012)

Burnip v Birmingham City Council & Anor [2012] EWCA Civ 629 (15 May 2012)

High Court (Administrative Court)

B, R (on the application of) v The Nursing and Midwifery Council [2012] EWHC 1264 (Admin) (15 May 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 1252 (Comm) (15 May 2012)

High Court (Technology and Construction Court)

R and C Electrical Engineers Ltd v Shaylor Construction Ltd [2012] EWHC 1254 (TCC) (15 May 2012)

Source: www.bailii.org

Government anticipates June publication of new anti-piracy regulations – OUT-LAW.com

Posted May 15th, 2012 in codes of practice, copyright, intellectual property, news by sally

“A new code of practice setting out new anti-piracy measures and procedures is expected to be published next month, the Government has said.”

Full story

OUT-LAW.com, 15th May 2012

Source: www.out-law.com

NHS reform risk report veto is sign of freedom of information downgrade, says watchdog – The Independent

Posted May 15th, 2012 in freedom of information, health, news, reports by sally

“Blocking the publication of a report into the risks of NHS reforms is a sign that ministers want to downgrade freedom of information laws, a watchdog has warned.”

Full story

The Independent, 15th May 2012

Source: www.independent.co.uk

Is urinating in public ever acceptable? – BBC News

Posted May 15th, 2012 in news, nuisance, outraging public decency by sally

“A court ruling has cast doubt on whether urinating in public is a nuisance – as long as no-one sees. So is it really ever acceptable?”

Full story

BBC News, 15th May 2012

Source: www.bbc.co.uk

Tenant fails in its bid for a new tenancy after Court confirms landlord’s intention to occupy property for its own use is viable – OUT-LAW.com

Posted May 15th, 2012 in appeals, energy, landlord & tenant, news by sally

“The operator of an oil depot has been unsuccessful in its bid for a new tenancy after the Court of Appeal confirmed that its landlord’s plans to occupy the property for its own business were viable.”

Full story

OUT-LAW.com, 15th May 2012

Source: www.out-law.com

Carlisle takeaway boss jailed for child sex – The Independent

Posted May 15th, 2012 in children, incitement, news, prostitution, sentencing by sally

“A takeaway boss has been jailed for 15 years after paying under-age girls for sex and inciting others to become child prostitutes.”

Full story

The Independent, 15th May 2012

Source: www.independent.co.uk

Tougher sentences for dangerous dog offences – Sentencing Council

Posted May 15th, 2012 in dogs, news, sentencing by sally

“A tougher approach to the way those convicted of dangerous dog offences are treated by the courts is contained in a new guideline from the Sentencing Council published today.”

Full story

Sentencing Council, 15th May 2012

Source: http://sentencingcouncil.judiciary.gov.uk

Related link: Dangerous Dog Offences Definitive Guideline (PDF)

Charging announcement in relation to Rebekah Brooks and others – Crown Prosecution Service

“Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions oversees CPS decision making, and all potential prosecutions, in relation to the ongoing phone hacking investigations and other related matters.”

Full story

Crown Prosecution Service, 15th May 2012

Source: www.cps.gov.uk

BAILII: Recent Decisions

Posted May 15th, 2012 in law reports by sally

Court of Appeal (Civil Division)

D (A Child) [2012] EWCA Civ 627 (14 May 2012)

High Court (Queen’s Bench Division)

Kudos Catering (UK) Ltd v Manchester Central Convention [2012] EWHC 1192 (QB) (19 April 2012)

High Court (Chancery Division)

The Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWHC 1257 (Ch) (14 May 2012)

Edenwest Ltd v CMS Cameron McKenna (A Firm) [2012] EWHC 1258 (Ch) (14 May 2012)

Stupples v Stupples & Co (High Wycombe) Ltd [2012] EWHC 1226 (Ch) (09 May 2012)

High Court (Administrative Court)

Fish v The General Medical Council [2012] EWHC 1269 (Admin) (14 May 2012)

Source: www.bailii.org

Drug addict jailed for stealing elderly woman’s wedding ring – The Guardian

Posted May 15th, 2012 in burglary, drug offences, news, recidivists, sentencing, theft by sally

“A drug addict who stole the wedding ring from the finger of an 87-year-old woman with cancer has been jailed for 14 years.”

Full story

The Guardian, 14th May 2012

Source: www.guardian.co.uk