BAILII: Recent Decisions

Posted December 20th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Peel Land And Property Investments Plc v Hyndburn Borough Council [2013] EWCA Civ 1680 (19 December 2013)

Wuhan Guoyu Logistics Group Co Ltd & Anr v Emporiki Bank of Greece Sa [2013] EWCA Civ 1679 (19 December 2013)

High Court (Administrative Court)

Griffiths v Secretary of State for Justice [2013] EWHC 4077 (Admin) (19 December 2013)

Source: www.bailii.org

Legal watchdog rejects complaint over Leveson barristers’ affair – Daily Telegraph

Posted December 20th, 2013 in barristers, complaints, news, professional conduct by sally

‘A legal watchdog has dismissed a complaint against two barristers involved in the Leveson inquiry who had an affair. The Bar Standards Board (BSB) looked into the conduct of Carine Patry and David Sherborne after it was alleged that the relationship could have compromised the inquiry into Press standards. The board announced in a statement that there was “no realistic prospect” of Miss Patry, a member of the inquiry team, and Mr Sherborne, who represented celebrities complaining about the Press, being found guilty of professional misconduct.’

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Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

‘Grubby’ paedophile Michael Eller jailed for directing filmed rapes – BBC News

‘A paedophile who directed filmed rapes of young children live on the internet has been jailed for 14 years.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Strangers could avoid prosecution for assisted suicide, DPP signals – Daily Telegraph

Posted December 20th, 2013 in assisted suicide, doctors, news, prosecutions by sally

‘Strangers who give assistance to severely disabled or terminally ill people determined to end their lives could escape prosecution despite having no close ties to them, the Director of Public Prosecutions has signalled.’

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Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

Whole-life jail term for fantasist who murdered girl for sadistic pleasure – Daily Telegraph

Posted December 20th, 2013 in murder, news, pornography, sentencing, violent offenders by sally

‘A fantasist was on Thursday given a whole-life jail term for murdering a policeman’s teenage daughter as a judge said that his “scripted” attack and obsession with violent pornography made him a “potential serial killer”.’

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Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

Rochdale sex-grooming gangs able to flourish due to police errors says report – The Guardian

Posted December 20th, 2013 in gangs, news, police, reports, sexual grooming, sexual offences by sally

‘A catalogue of police failures allowed sex-grooming gangs to flourish in Rochdale, according to a damning, leaked report that is published on Friday. Among the failings identified in the 300-page report, untrained detectives were used to investigate child exploitation and there was a lack of resources and oversight.’

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Full report (1)

Full report (2)

The Guardian, 19th December 2013

Source: www.guardian.co.uk

Four jailed over human trafficking of woman to Kent – BBC News

Posted December 20th, 2013 in conspiracy, news, rape, sentencing, trafficking in human beings by sally

‘Four people have been jailed for their role in the trafficking and sexual exploitation of an Eastern European woman brought into Kent.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Two Marines acquitted of murdering wounded Afghan insurgent are named – The Independent

Posted December 20th, 2013 in anonymity, armed forces, murder, news by sally

‘Two Royal Marines who were acquitted of the murder of an insurgent in Afghanistan have been named as Corporal Christopher Glyn Watson and Marine Jack Alexander Hammond. The release of their identities follows a ruling this month at the High Court in London. It was confirmed by the court that an anonymity order preventing publication of their names had been lifted.’

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The Independent, 19th December 2013

Source: www.independent.co.uk

Trafficking victims forced into crime are let down by police, report reveals – The Guardian

Posted December 20th, 2013 in children, crime, news, reports, trafficking in human beings, victims by sally

‘Trafficking victims who are forced into crime are being let down by the UK authorities, who are failing to stop them being prosecuted, a new report warns.’

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The Guardian, 20th December 2013

Source: www.guardian.co.uk

Wensleydale cheese granted protected status – BBC News

Posted December 20th, 2013 in food, news, protected geographical indication by sally

‘Only cheese produced in the Yorkshire Dales will in future be allowed to use the name Yorkshire Wensleydale. The European Commission has awarded the cheese Protected Geographical Indication status (PGI).’

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BBC News, 20th December 2013

Source: www.bbc.co.uk

Inspector acted in error in applying revoked RSS figures says Court of Appeal – OUT-LAW.com

Posted December 19th, 2013 in appeals, housing, local government, news, planning by sally

‘An inspector who used housing supply figures from the now revoked East of
England Plan as a reason for refusing an appeal for development in the green
belt in St Albans acted in error, the Court of Appeal has ruled.’

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OUT-LAW.com, 16th December 2013

Source: www.out-law.com

Lee Rigby murder: Michael Adebolajo and Michael Adebowale found guilty – The Guardian

Posted December 19th, 2013 in murder, news, terrorism by sally

‘Two men have been convicted of murdering a soldier in broad daylight near a military barracks in London, in the first al-Qaida-inspired attack to claim a life on British soil since 7 July 2005.’

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The Guardian, 19th December 2013

Source: www.guardian.co.uk

Damning report exposes NHS secrecy in breast cancer scandal – Daily Telegraph

Posted December 19th, 2013 in cancer, doctors, health, hospitals, inquiries, news, reports by sally

‘Hundreds of women were put at risk of breast cancer as “weak and indecisive” bosses at scandal-hit hospital covered up failings by a charismatic surgeon despite repeated warnings, an inquiry has found.’

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Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

 

UK ‘was inappropriately involved in rendition’ – BBC News

Posted December 19th, 2013 in inquiries, intelligence services, news, rendition, reports, select committees, terrorism by sally

‘There is evidence Britain was inappropriately involved in the rendition and ill-treatment of terror suspects, an inquiry has revealed.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted December 19th, 2013 in parliamentary papers by sally

Co-operative and Community Benefit Societies Bill: report on the consolidation of legislation relating to co-operative and community benefit societies, Cm 8768 (PDF)

Draft Wales Bill, Cm 8773 (PDF)

Government response to the Joint Committee on Parliamentary Privilege,
Cm 8771 (PDF)

Source: www.official-documents.gov.uk

What comes first – Mitchell ruling or part 36? – Litigtation Futures

Posted December 19th, 2013 in budgets, civil procedure rules, news, part 36 offers by sally

‘The questions raised by the Mitchell ruling, such as the effect on a part 36 offer of a budget being disallowed, are already emerging as the impact of the Court of Appeal’s decision is felt. Barrister Barry Havenhand of Clerksroom has supplied Litigation Futures with details of one case where the failure to file a budget in sufficient time saw the defendant’s budget restricted to its court fees, as in Mitchell.’

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Litigation Futures, 17th December 2013

Source: www.litigationfutures.com

High Court refuses relief after bid to serve late witness statement but issues “note of caution” – Litigation Futures

Posted December 19th, 2013 in civil procedure rules, news, time limits, witnesses by sally

‘The High Court has issued guidance on how to serve late witness statements in certain circumstances without falling foul of the Mitchell ruling, after refusing relief from sanction when a party tried to do just that on the first day of trial.’

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Litigtation Futures, 19th December 2013

Source: www.litigationfutures.com

Criminal law barristers urged to embrace new business structures to survive – Legal Futures

Posted December 19th, 2013 in alternative business structures, barristers, competition, legal services, news by sally

‘Criminal law barristers need to consider significant changes to their business models if they are to remain competitive, the Legal Services Board (LSB) has argued. In its submission to the Ministry of Justice-commissioned Jeffrey review of the provision of independent criminal advocacy, the LSB identified continued market liberalisation as one of the reasons the government did not need to intervene.’

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Legal Futures, 18th December 2013

Source: www.legalfutures.co.uk

Anonymity Part 2: Child personal injury cases – UK Human Rights Blog

Posted December 19th, 2013 in anonymity, children, news, personal injuries, reporting restrictions by sally

‘JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB). In Part 1 on this subject, I discussed medical confidentiality and/or legal restrictions designed to protect the privacy of a mother and child. This case raises the question in a slightly different guise, namely whether the court should make an order that the claimant be identified by letters of the alphabet, and whether there should be other derogations from open justice in the guise of an anonymity order, in a claim for personal injuries by a child or protected party which comes before the court for the approval of a settlement.’

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UK Human Rights Blog, 19th December 2013

Source: www.ukhumanrightsblog.com

No rational basis for denying all prisoners the vote, concludes joint Parliamentary Committee – UK Human Rights Blog

Posted December 19th, 2013 in bills, elections, human rights, news, prisons, reports by sally

‘The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill today published its report.’

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UK Human Rights Blog, 18th December 2013

Source: www.ukhumanrightsblog.com