Digital Economy Act in fresh legal challenge – BBC News
“Telecoms firms BT and Talk Talk are to appeal against a High Court ruling on the controversial Digital Economy Act.”
BBC News, 27th May 2011
Source: www.bbc.co.uk
Author: sally
Police wheelchair attack on Jody McIntyre ‘lawful’ – The Independent
“Police officers were justified in pulling a protester from his wheelchair and ‘inadvertently’ hitting him with a baton at the student fees demonstrations, an inquiry has found.”
The Independent, 27th May 2011
Source: www.independent.co.uk
Gym contracts ‘unfair’ court rules – The Guardian
“Anyone locked into a gym contract of a year or more should be free to cancel it without cost after a landmark ruling against the operator of membership schemes for 1,000 independent gyms across Britain.”
The Guardian, 27th May 2011
Source: www.guardian.co.uk
Liverpool Women’s concedes incontinence negligence cases – BBC News
“A hospital being sued by hundreds of women, who claim their incontinence was made worse by a surgeon, has admitted liability or agreed to pay compensation in 50% of claims processed so far.”
BBC News, 29th May 2011
Source: www.bbc.co.uk
Small claims court limit may rise – The Guardian
“Ministers are consulting on tripling the value of disputes that can be handled by the small claims court as part of a radical shake-up of the civil justice system. The Ministry of Justice is looking at increasing the value of cases that can be brought in the fast-track procedure for low-value civil cases from £5,000 to £15,000 from next April.”
The Guardian, 29th May 2011
Source: www.guardian.co.uk
High Court to decide if autistic man was illegally detained – The Independent
“A father has described in court how he felt ‘powerless’ when a local authority prevented the return home of his autistic son for nearly a year during a bitter care dispute with a local council.”
The Independent, 28th May 2011
Source: www.independent.co.uk
Mother jailed for trying to sell baby for £35,000 – The Guardian
“A mother has been jailed for seven years for attempting to sell her baby for £35,000.”
The Guardian, 27th May 2011
Source: www.guardian.co.uk
Corrupt prison officer jailed – The Independent
“Police today pledged to crack down on corrupt prison officers after a male officer was jailed for smuggling drugs to inmates.”
The Independent, 28th May 2011
Source: www.independent.co.uk
Miscarriages of justice are going unchallenged by watchdog, says QC – The Guardian
“The watchdog that examines miscarriages of justice is failing innocent people, according to a senior lawyer involved in some of the highest-profile court cases in recent years.”
The Guardian, 29th May 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Guthrie & Ors, R. v [2011] EWCA Crim 1338 (26 May 2011)
Court of Appeal (Civil Division)
Zurich Insurance Company Plc v Hayward [2011] EWCA Civ 641 (27 May 2011)
JP Morgan Europe Ltd v Chweidan [2011] EWCA Civ 648 (27 May 2011)
C v D [2011] EWCA Civ 646 (27 May 2011)
Conarken Group Ltd & Anor v Network Rail Infrastructure Ltd [2011] EWCA Civ 644 (27 May 2011)
Shoesmith, R (on the application of) v OFSTED & Ors [2011] EWCA Civ 642 (27 May 2011)
Howe v London Borough of Hammersmith and Fulham [2011] EWCA Civ 619 (27 May 2011)
High Court (Queen’s Bench Division)
Thornton v Telegraph Media Group Ltd [2011] EWHC 1376 (QB) (27 May 2011)
Goodwin v News Group Newspapers Ltd [2011] EWHC 1341 (QB) (27 May 2011)
High Court (Chancery Division)
High Court (Administrative Court)
Source: www.bailii.org
Legal aid faces threat of further cuts following rape backlash – Law Society’s Gazette
“The government is considering fresh legal aid cuts, the Gazette has learned, because Kenneth Clarke’s politically maladroit remarks about rape sentencing have jeopardised its bid to save money by cutting the prison population.”
Law Society’s Gazette, 27th May 2011
Source: www.lawgazette.co.uk
Judge refuses to prosecute press for naming Fred Goodwin ‘mistress’ – Daily Telegraph
“Lawyers representing a woman who allegedly had a sexual relationship with former bank boss Sir Fred Goodwin failed today in an attempt to persuade a judge to launch contempt proceedings against a national newspaper.”
Daily Telegraph, 27th May 2011
Source: www.telegraph.co.uk
Iaia v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily
“A member state could rely on the expiry of a reasonable limitation period as a defence in legal proceedings brought by an individual seeking compensation for the member state’s failure to implement a Directive correctly provided the member state was not responsible for the delay in the claimant’s ability to bring the action.”
WLR Daily, 19th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Millburn-Snell and others v Evans – WLR Daily
Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179
“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”
WLR Daily, 25th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v Hull – WLR Daily
Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177
“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”
WLR Daily, 25th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in the ICLR series the corresponding WLR Daily summary is removed.
FKI Engineering Ltd and another v Stribog Ltd – WLR Daily
FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178
“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”
WLR Daily, 25th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Q (Somalia) v Secretary of State for the Home Department – WLR Daily
Q (Somalia) v Secretary of State for the Home Department [2011] WLR (D) 176
“It was not the case that section 72(9)(b) of the Nationality, Immigration and Asylum Act 2002 only applied if the Secretary of State had notified the applicant that he had issued a certificate under the section.”
WLR Daily, 23rd May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Baby Peter sacking: Sharon Shoesmith wins appeal – BBC News
“An ex-social services director says she is ‘thrilled’ to have won an appeal against a ruling that her sacking after Baby Peter’s death was lawful.”
BBC News, 27th May 2011
Source: www.bbc.co.uk
Sentencing for drug offences – reminder to contribute to consultation – Sentencing Council
“The consultation on the Sentencing Council’s draft guideline on drug offences will close on 20 June and with this date approaching, the Council is keen to encourage legal professionals with experience or an interest in the subject to contribute their views.”
Sentencing Council, 26th May 2011
