“OPINION: Companies can breathe a sigh of relief that the UK courts have underlined the integrity of international arbitration cases which are heard in the UK. Courts have confirmed that, largely, they will refuse to overturn arbitration awards.”
OUT-LAW.com, 17th November 2011
Source: www.out-law.com
Williams v Essex County Council: [2011] EWCA Civ 1315; [2011] WLR (D) 329
“A statement of special educational needs automatically lapsed when a person ceased to be a child, which was at 19 years. The Court of Appeal so stated when allowing the appeal of Essex County Council against a decision of Judge Jacobs in the Upper Tribunal (Administrative Appeals Chamber) on 8 March 2010 setting aside a decision of the First-tier Tribunal (Health, Education and Social Care Chamber) of 8 September 2009 that it was no longer necessary to maintain the statement of special educational needs of MW (now aged 22 years), the daughter of the claimant, Antony John Williams.”
WLR Daily, 15th November 2011
Source: www.iclr.co.uk
“Campaigners won the latest legal battle over library closures when a judge in London allowed challenges against plans to shut libraries in Gloucestershire and Somerset.”
The Guardian, 16th November 2011
Source: www.guardian.co.uk
R v Carpenter [2011] EWCA Crim 2568; [2011] WLR (D) 328
“In cases of joint enterprise where the use of a particular weapon was foreseen but the secondary party did not share or foresee the intention with which it was used, the availablity of manslaughter remained as a possible alternative verdict to murder.”
WLR Daily, 11th November 2011
Source: www.iclr.co.uk
“The founder of WikiLeaks, Julian Assange, is to apply for a supreme court hearing to appeal against extradition to Sweden to face sex crime allegations.”
The Guardian, 15th November 2011
Source: www.guardian.co.uk
“The obligations imposed on a local authority in certain circumstances pursuant to section 23(2) and (6) of the Children Act 1989, relating to the provision of accommodation and/or maintenance for certain children in need and being looked after by the authority, were to be considered as alternatives, rather than as parallel means by which to achieve a single statutory purpose.”
WLR Daily, 10th November 2011
Source: www.iclr.co.uk
“The High Court challenge against the extradition of Bristol businessman Shrien Dewani is to take place next month.”
BBC News, 14th November 2011
Source: www.bbc.co.uk
Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285; [2011] WLR (D) 323
“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
“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 [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
“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
“Devout Christian hotel owners who refused to allow a gay couple to share a double room have insisted at the appeal court that they should have been allowed to impose the ban.”
The Guardian, 8th November 2011
Source: www.guardian.co.uk
“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
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
“The sister of a TV producer who was crushed by an HGV while cycling through west London has spoken of her dismay after failing in a high court attempt to secure a fresh inquest into her sister’s death. Eilidh Cairns, 30, was cycling in morning rush-hour traffic on 5 February 2009 when a tipper truck knocked her from her bike at Notting Hill Gate. An experienced cyclist, she is believed to have been in front of the lorry and hit from behind in the incident.”
The Guardian, 7th November 2011
Source: www.guardian.co.uk
“The question: what are the ‘reasonable needs’ of a 55-year-old divorced woman with one teenage child still living at home? The answer, the appeal court ruled yesterday, is a nine-bedroom country house with 40 acres of parkland, a £1.65 million lump sum and £75,000-a-year child maintenance.”
Daily Telegraph, 8th November 2011
Source: www.telegraph.co.uk
Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310
“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”
WLR Daily, 1st November 2011
Source: www.iclr.co.uk
“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
“A woman jailed for falsely retracting rape charges against her husband has won the right to appeal her conviction for perverting the course of justice.”
BBC News, 2nd November 2011
Source: www.bbc.co.uk
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