law reports – Page 179 – Current Awareness

“Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification.”

WLR Daily, 20th April 2012

Source: www.iclr.co.uk

Regina (Raeside) v Luton Crown Court – WLR Daily

Posted April 25th, 2012 in detention, judges, judicial review, law reports, time limits by sally

Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120

“The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied that there is good and sufficient cause.”

WLR Daily, 23rd April 2012

Source: www.iclr.co.uk

Regina v Bagnall; Regina v Sharma – WLR Daily

Posted April 25th, 2012 in appeals, confiscation, human rights, law reports, proceeds of crime by sally

Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118

“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”

WLR Daily, 18th April 2012

Source: www.iclr.co.uk

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH – WLR Daily

Posted April 25th, 2012 in advertising, EC law, internet, jurisdiction, law reports, trade marks by sally

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117

“Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a country-specific top-level domain of another member state could be brought before either the courts of the member state in which the trade mark was registered or the courts of the member state of the place of establishment of the advertiser.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Meister v Speech Design Carrier Systems GmbH – WLR Daily

Posted April 25th, 2012 in age discrimination, disclosure, EC law, employment, law reports, race discrimination, sex discrimination by sally

Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116

“European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it could not be ruled out that a refusal to grant any access to information might be one of the factors to take into account in the context of establishing facts from which it might be presumed that there had been direct or indirect discrimination.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 25th, 2012 in law reports by sally

Court of Appeal (Civil Division)

LW (China) v Secretary of State for the Home Department [2012] EWCA Civ 519 (24 April 2012)

High Court (Queen’s Bench Division)

Hallam Estates Ltd & Anor v Baker [2012] EWHC 1046 (QB) (24 April 2012)

High Court (Administrative Court)

Raeside, R (on the application of) v Crown Prosecution Service [2012] EWHC 1064 (Admin) (23 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 24th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Williams & Anor, R (on the application of) v Surrey County Council [2012] EWHC 867 (QB) (03 April 2012)

High Court (Chancery Division)

Lilleyman v Lilleyman [2012] EWHC 821 (Ch) (04 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 23rd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

B, R v [2012] EWCA Crim 770 (20 April 2012)

High Court (Family Division)

L (A Child), Re [2011] EWHC B29 (Fam) (20 December 2011)

High Court (Administrative Court)

McGrath v Secretary of State for Work and Pensions [2012] EWHC 1042 (Admin) (20 April 2012)

High Court (Commercial Court)

Nestor Maritime SA v Sea Anchor Shipping Co Ltd [2012] EWHC 996 (Comm) (20 April 2012)

BNP Paribas SA v OJSC “Russian Machines” & Ors [2012] EWHC 1023 (Comm) (20 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 20th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Gutermann Messtechnik & Anor v Hartley & Anor [2012] EWHC 1013 (QB) (19 April 2012)

High Court (Administrative Court)

HA (Nigeria)), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 979 (Admin) (17 April 2012)

Wilby v The Municipal Court Prague Czech Republic [2012] EWHC 1006 (Admin) (19 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 19th, 2012 in law reports by sally

High Court (Chancery Division)

Olympic Delivery Authority v Persons Unknown [2012] EWHC 1012 (Ch) (04 April 2012)

High Court (Patents Court)

Wagner International AG & Ors v Earlex Ltd [2012] EWHC 984 (Pat) (18 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 18th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Stapylton v R [2012] EWCA Crim 728 (18 April 2012)

High Court (Administrative Court)

Ford v Financial Services Authority & Anor [2012] EWHC 997 (Admin) (18 April 2012)

High Court (Commercial Court)

Finmoon Ltd & Anor v Baltic Reefers Management Ltd & Ors [2012] EWHC 920 (Comm) (17 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 18th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Mullen & Ors, R. v (Rev 1) [2012] EWCA Crim 606 (01 March 2012)

High Court (Queen’s Bench Division)

Adams v The Law Society of England and Wales & Ors [2012] EWHC 980 (QB) (17 April 2012)

High Court (Administrative Court)

The Manydown Company Ltd. v Basingstoke and Deane Borough Council [2012] EWHC 977 (Admin) (17 April 2012)

Source: www.bailii.org

Raithatha v Williamson (a bankrupt) – WLR Daily

Posted April 18th, 2012 in law reports, pensions, trustees in bankruptcy by sally

Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch); [2012] WLR (D) 115

“A trustee in bankruptcy was entitled to obtain an income payments order under section 310 of the Insolvency Act 1986 where a bankrupt had an entitlement to a payment under his pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, the bankrupt would be entitled to payment merely by asking for payment.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 16th, 2012 in law reports by sally

High Court (Administrative Court)

Taylor & Ors v Secretary of State for Communities and Local Government & Anor [2012] EWHC 684 (Admin) (22 March 2012)

Shutt & Anor, R (on the application of) v Secretary of State for Justice [2012] EWHC 851 (Admin) (11 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 10th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Nolan & Anor v R [2012] EWCA Crim 671 (04 April 2012)

Court of Appeal (Civil Division)

Solicitors Regulation Authority v Lawrence & Anor [2012] EWCA Civ 421 (03 April 2012)

High Court (Queen’s Bench Division)

McGrath & Anor v Dawkins & Ors [2012] EWHC B3 (QB) (30 March 2012)

Aziz v Lim [2012] EWHC 915 (QB) (05 April 2012)

High Court (Administrative Court)

Rouse Tout A Tout, R (on the application of) v London Borough of Haringey [2012] EWHC 873 (Admin) (03 April 2012)

Dudgeon Offshore Wind Ltd v Secretary of State for Communities & Local Government & Ors [2012] EWHC 861 (Admin) (Hearing 23 March 2012)

Weszka, R (on the application of) v The Parole Board [2012] EWHC 827 (Admin) (05 April 2012)

Source: www.bailii.org

Regina (McGetrick) v Parole Board and another – WLR Daily

Posted April 5th, 2012 in evidence, law reports, parole, release on licence, removal directions by sally

Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114

“When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by the Secretary of State.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

Sunderland City Council v Brennan and others – WLR Daily

Posted April 5th, 2012 in appeals, equal pay, law reports, local government, sex discrimination by sally

Sunderland City Council v Brennan and others [2012] EWCA Civ 413; [2012] WLR (D) 113

“An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between productivity and bonus had been broken.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Secretary of State for the Home Department v CB and another – WLR Daily

Posted April 5th, 2012 in civil procedure rules, control orders, law reports, stay of proceedings, terrorism by sally

Secretary of State for the Home Department v CB and another [2012] EWCA Civ 418; [2012] WLR (D) 112

“Where a court made a non-derogating control order in proceedings against a person under the Prevention of Terrorism Act 2005, it had no jurisdiction to order a permanent stay of such proceedings under the Act nor under its case management powers in the Civil Procedure Rules, unless the controlled person requested such a course of action.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

In re J (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted April 5th, 2012 in child abuse, children, law reports, standard of proof by sally

In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111

In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk