Wandsworth Prison murder: Killers jailed for life – BBC News
“Two men convicted of murdering a man outside a prison in south London have been jailed for life.”
BBC News, 10th November 2011
Source: www.bbc.co.uk
Author: sally
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Drake & Anor v Fripp [2011] EWCA Civ 1282 (03 November 2011)
High Court (Queen’s Bench Division)
Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Family Division)
ML & Anor v RW & Anor [2011] EWHC 2455 (Fam) (29 July 2011)
AR v AR [2011] EWHC 2717 (Fam) (11 August 2011)
London Borough of Tower Hamlets v BB & Ors [2011] EWHC 2853 (Fam) (31 August 2011)
Source: www.bailii.org
Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily
Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322
“An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
Jones v Kernott – WLR Daily
Jones v Kernott [2011] UKSC 53; [2011] WLR (D) 321
“When a cohabiting couple bought a family home in their joint names and were both responsible for the mortgage, but without any express declaration as to their beneficial interests, the starting point was that equity followed the law so that the presumption was that they were joint tenants both in law and in equity. That presumption could be displaced by showing that the parties had a different common intention at the time when they acquired the home or that they later formed a common intention that their respective shares would change. Their common intention was to be deduced objectively from their conduct. If it was clear that the parties did not intend joint tenancy at the outset or had changed their original intention, but it was not possible to ascertain, whether by direct evidence or by inference, what their actual intention was as to the shares in which they owned the property, each was entitled to that share which the court considered fair, having regard to the whole course of the dealing between them in relation to the property.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action – WLR Daily
“The practice in the Patents Court whereby a patentee could discontinue his claim for infringement and consent to the revocation of his patent on terms that he paid the costs of the action up to the date of service of the original defence, with the alleged infringer paying the costs of the action thereafter to the date of discontinuance, was no longer to be followed. It was to be replaced by the general rule in CPR r 38.6 that, unless the court otherwise ordered, a claimant who discontinued was liable to pay the defendant’s costs.”
WLR Daily, 8th November 2011
Source: www.iclr.co.uk
Copple and others v Littlewoods plc and others – WLR Daily
Copple and others v Littlewoods plc and others [2011] EWCA Civ 1281; [2011] WLR (D) 319
“Where an employer’s pension scheme indirectly discriminated against part-timers on the ground of sex by denying them access to the scheme, a female part-time worker was not entitled to any remedy arising from her exclusion from the scheme if she would not in fact have chosen to join the scheme even if she had been eligible to do so.”
WLR Daily, 8th November 2011
Source: www.iclr.co.uk
Man faces libel allegations over Amazon book review – The Independent
“A father of three from the West Midlands is set to appear in the High Court tomorrow to defend himself against libel allegations over a book review he wrote on Amazon’s website last year.”
The Independent, 9th November 2011
Source: www.independent.co.uk
Inmate Kevan Thakrar cleared over prison guards attack – BBC News
“A man serving life for three murders has been cleared over a prison attack in which he stabbed three guards.”
BBC News, 9th November 2011
Source: www.bbc.co.uk
Legal education review under scrutiny as profession awaits first progress report – Legal Week
“A year after announcing the most comprehensive review of legal education in the UK in decades, the three largest regulators in England and Wales will meet today (10 November) to discuss their progress. The meeting will see the Solicitors Regulation Authority (SRA), the Bar Standards Board (BSB) and the Institute of Legal Executives Professional Standards (IPS) sit down with members of the committee put together after the root-and-branch review was announced in November 2010 to provide a progress report.”
Legal Week, 10th November 2011
Source: www.legalweek.com
Butt to appeal 30-month jail sentence, says lawyer – The Independent
“Former Pakistan captain Salman Butt has filed an appeal against his 30-month jail sentence for his part in the conspiracy to bowl deliberate no-balls in a Test.”
The Independent, 10th November 2011
Source: www.independent.co.uk
UK borders chief will win constructive dismissal case, Home Office lawyers say – The Guardian
“Home Office lawyers have advised ministers that Brodie Clark, the senior civil servant at the centre of the passport checks row, will win his case for constructive dismissal against Theresa May, the home secretary.”
The Guardian, 9th November 2011
Source: www.guardian.co.uk
The law should not become “over precious” about human rights, says the Divisional Court – UK Human Rights Blog
“Protestors have to put up with ‘sensible and good natured’ controls by the authorities as a limitation on their rights to free expression and assembly, the Divisional Court has ruled.”
UK Human Rights Blog, 8th November 2011
Source: www.ukhumanrightsblog.com
Loner jailed for preying on girls – The Independent
“A dangerous loner who preyed on young girls and threatened to burn down one teenage victim’s family home was jailed indefinitely today.”
The Independent, 8th November 2011
Source: www.independent.co.uk
Lady Justice Hallett: profile – Daily Telegraph
“Lady Justice Hallett, one of the country’s most senior judges, has claimed she encountered ‘horrific’ sexism during her rise through the judiciary.”
Daily Telegraph, 8th November 2011
Source: www.telegraph.co.uk
Catholic church can be held responsible for wrongdoing by priests – The Guardian
“Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.”
The Guardian, 8th November 2011
Source: www.guardian.co.uk
Commercial sense can determine ambiguous contractual meanings, Supreme Court rules – OUT-LAW.com
“Courts should apply ‘business common sense’ when construing the meaning of disputed ambiguous contractual terms, the Supreme Court has ruled.”
OUT-LAW.com, 8th November 2011
Source: www.out-law.com
Man jailed for record tyre dumps – The Guardian
“A man has been jailed for 15 months for illegally dumping more than 1m tyres across England, a figure believed to be a record for one individual.”
The Guardian, 8th November 2011
Source: www.guardian.co.uk
Fenland District Council v Sheppard and others – WLR Daily
Fenland District Council v Sheppard and others [2011] EWHC 2829 (Ch); [2011] WLR (D) 316
“In making a vesting order, pursuant to section 320 of the Insolvency Act 1986, in favour of a statutory chargee whose charge ranked in priority to the mortgagees’ charge over the property, the court was not bound to set aside the mortgagees’ charge where the mortgagees did not themselves apply for a vesting order. Such an order would not effectively benefit only the mortgagees by extinguishing the statutory charge if it could be shown that the statutory chargee intended to preserve the benefit of its charge, or that the extinguishment of its charge would be against the statutory chargee’s interests, in which case there would be a presumption against extinguishment.”
WLR Daily, 3rd November 2011
Source: www.iclr.co.uk
Assange v Swedish Prosecution Authority – WLR Daily
Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin); [2011] WLR (D) 315
“In the context of the Extradition Act 2003, through interpretation of article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’) and recognising differences of terminology used among member states, a ‘judicial authority’ was not confined to a judge who adjudicated, but could extend to a body that prosecuted.”
WLR Daily, 2nd November 2011
Source: www.iclr.co.uk
Social Services have both statutory and common law duty to protect children from abuse – UK Human Rights Blog
“This case concerned the entitlement to compensation for the years of abuse the claimants, three brothers a sister, the youngest, who had suffered at the hands of their father. The older claimants had both suffered regular abuse from an early age until late teens. The third claimant escaped the prolonged abuse suffered by his brothers. The fourth claimant, who was conceived after the defendant social services became aware of the situation, nevertheless endured abuse for five or six years.”
UK Human Rights Blog, 8th November 2011
Source: www.ukhumanrightsblog.com
