BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Dhall v R [2013] EWCA Crim 1610 (27 September 2013)
Farooqi & Ors, R. v [2013] EWCA Crim 1649 (30 September 2013)
High Court (Chancery Division)
Smailes & Anor v McNally & Ors [2013] EWHC 2882 (Ch) (27 September 2013)
Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWHC 2880 (Ch) (26 September 2013)
Nomura International Plc, Re [2013] EWHC 2789 (Ch) (06 September 2013)
High Court (Administrative Court)
High Court (Patents Court)
Nestec S.A. & Ors v Dualit Ltd & Ors [2013] EWHC 2737 (Pat) (05 September 2013)
Source: www.bailii.org
Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily
Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362
“Article 34(4) 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 (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
Binns and another v Firstplus Financial Group plc – WLR Daily
Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361
“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) – WLR Daily
“Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment applied only to retirement or invalidity benefits under an occupational social security scheme.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) – WLR Daily
“The principle of non-discrimination on grounds of age, enshrined in article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, articles 2 and 6(1) of that Directive, did not preclude an occupational pension scheme under which an employer paid, as part of pay, pension contributions which increased with age, provided that the difference in treatment on grounds of age that arose therefrom was appropriate and necessary to achieve a legitimate aim.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
Proceedings concerning Texdata Software GmbH – WLR Daily
Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358
“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
United Kingdom v Council of the European Union – WLR Daily
United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357
“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
Prisoners will pay for damage repairs, says Grayling – BBC News
“Inmates who cause damage to prisons and prison property will now have to pay for the cost of repairs, the justice secretary has announced.”
BBC News, 30th September 2013
Source: www.bbc.co.uk
Balancing the Niqab in the Courtroom on the Head of a Pin: the Case of D(R) – The Barristers’ Hub
“Professor Susan Edwards, following recent judicial guidance and debate on the wearing of the niqab, provides both expert and legal opinion on the issue.”
The Barristers’ Hub, 1st October 2013
Source: www.barristershub.co.uk
Theresa May: Deport foreign criminals before appeal – BBC News
“Theresa May has promised the government will ‘deport foreign criminals first, then hear their appeals’.”
BBC News, 30th September 2013
Source: www.bbc.co.uk
Diversity data collection and transparency – Legal Services Board
“In July 2011, the Legal Services Board (LSB) issued guidance to regulators on diversity data collection across the legal workforce and the promotion of the transparency of this data at entity level. We have now completed a review of regulators’ progress in delivering the objectives in our guidance. The findings of this review are provided below.”
Full story (PDF)
Legal Services Board, 30th September 2013
Source: www.legalservicesboard.org.uk
Prisoners made to pay for damage – Ministry of Justice
“Prisoners who cause damage to prisons and prison property will have to pay for the cost of repairs under new plans announced by Justice Secretary Chris Grayling.”
Ministry of Justice, 30th September 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Immigration Rule changes – UK Border Agency
“As previously announced a number of changes to the Immigration Rules come into effect today, Tuesday 1 October 2013.”
UK Border Agency, 30th September 2013
Source: www.ukba.homeoffice.gov.uk
Tamer Salama jailed again over missing daughter Elsa – BBC News
“A father who has refused to arrange the return of his daughter to his ex-wife has been jailed again.”
BBC News, 30th September 2013
Source: www.bbc.co.uk
Former international hockey player stole £450 of groceries from Sainsbury’s by self-scanning EVERYTHING as loose onions – The Independent
“A 25-year-old former international hockey player has been found guilty of stealing up to £450 of groceries from Sainsbury’s by regularly self-scanning all the items in his basket as loose onions.”
The Independent, 1st October 2013
Source: www.independent.co.uk
Roger Masterman: A Tale of Competing Supremacies – UK Constitutional Law Group
“In a recent interview in The Spectator, Lord Chancellor and Secretary of State for Justice, Chris Grayling MP, was given another opportunity to recite the now characteristic Tory Siren call relating to the European Convention on Human Rights and the Strasbourg court.”
UK Constitutional Law Group, 30th September 2013
Source: www.ukconstitutionallaw.org
Nurse with indecent images of female patients struck off – BBC News
“An accident and emergency nurse who took indecent photographs of young female patients has been struck off.”
BBC News, 1st October 2013
Source: www.bbc.co.uk
Council and watchdog in standoff over lawfulness of libel claim indemnity – Local Government Lawyer
“A local authority and a finance watchdog are at loggerheads over whether certain expenditure – including the grant of an indemnity to the chief executive to bring a libel counter-claim – was unlawful.”
Local Government Lawyer, 30th September 2013
Source: www.localgovernmentlawyer.co.uk
