BAILII: Recent Decisions
Court of Appeal (Civil Division)
Fagan, R (on the application of) v Times Newspapers Ltd & Ors [2013] EWCA Civ 1275 (21 October 2013)
Court of Appeal (Criminal Division)
Montague, R v [2013] EWCA Crim 1781 (22 October 2013)
High Court (Administrative Court)
High Court (Commercial Court)
Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm) (22 October 2013)
High Court (Patents Court)
Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWHC 3160 (Pat) (22 October 2013)
High Court (Queen’s Bench Division)
Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)
Source: www.bailii.org
MoJ decides against increase in small claims track limit – Law Society’s Gazette
“The Ministry of Justice will today confirm there is to be no increase in the small claims court limit.”
Law Society’s Gazette, 23rd October 2013
Source: www.lawgazette.co.uk
Schoolboy armed robber sentenced to 40 months – Daily Telegraph
“A ‘model pupil’ who robbed a bank with an imitation firearm has been sentenced to 40 months in a Young Offenders’ Institution.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
Honeymoon murder suspect Shrien Dewani wins extradition hearing – The Independent
“Honeymoon murder suspect Shrien Dewani has won a further hearing in his legal battle against extradition. A panel of three High Court judges – headed by the Lord Chief Justice Lord Thomas – ruled today there are outstanding legal issues the court must decide.”
The Independent, 22nd October 2013
Source: www.independent.co.uk
Legal proceedings begin against travellers occupying NHS car park – Daily Telegraph
“Legal proceedings start against a group of French travellers occupying a hospital car park in Newport, south Wales.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
Inquest finds police failings over killings of woman and toddler son – The Guardian
“Police failings ‘more than minimally’ contributed to the deaths of a pregnant mother and child who were stabbed to death by the woman’s former partner days after she went to the police for help, an inquest jury has ruled.”
The Guardian, 22nd October 2013
Source: www.guardian.co.uk
Vulnerable elderly ‘locked out’ of state-funded care despite reforms, study finds – Daily Telegraph
“Hundreds of thousands of frail elderly and disabled people who need help with basic tasks such as washing and dressing will receive no assistance towards the cost of their care, despite Government reforms, experts have warned.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
New curbs on whiplash fraud – Daily Telegraph
“All whiplash victims will have to be assessed by accredited doctors as ministers look to cut the bill faced by insurers and the premiums paid by motorists.”
Daily Telegraph, 23rd Ocotber 2013
Source: www.telegraph.co.uk
Lord McAlpine libel row with Sally Bercow formally settled in high court – The Guardian
“Sally Bercow has apologised for ‘irresponsible use of Twitter’ and agreed to pay undisclosed damages to peer, court told.”
The Guardian, 22nd October 2013
Source: www.guardian.co.uk
Hoax bomb threat bridegroom is jailed in Liverpool – BBC News
“A would-be bridegroom who made a hoax bomb threat to a wedding venue after realising he had failed to confirm his booking has been jailed.”
BBC News, 22nd October 2013
Source: www.bbc.co.uk
LSB issues report outlining changes in competition in the legal services market – Legal Services Board
“LSB report outlining changes in competition in the legal services market since the Legal Services Act 2007 came into force.”
Legal Services Board, 22nd October 2013
Source: www.legalservicesboard.org.uk
Fiduciary Duties of Investment Intermediaries – Law Commission
“Consultation reviewing the obligations on investment intermediaries to act in the interests of savers.”
Law Commission, 22nd October 2013
Source: www.justice.gov.uk/lawcommission
Justice in one fixed place or several? – the Lord Chief Justice
“Birkenhead Lecture by the Lord Chief Justice, 22/10/2013.”
Judiciary of England and Wales, 21st October 2013
Source: www.judiciary.gov.uk
Revision of the PACE codes of practice A, B, C, E, F and H – CrimeLine
“Revision of the PACE codes of practice A, B, C, E, F and H.”
CrimeLine, 21st October 2013
Source: www.www.crimeline.info
Coroners inquest enough to satisfy Article 2 in mental health suicide case – UK Human Rights Blog
“R (Antoniou) v (1) Central and North West London NHS Foundation Trust; (2) Secretary of State for Health; (3) NHS England [2013] EWHC 3055 (Admin).Where a patient, detained in hospital under Section 3 of the Mental Health Act 1983, takes their own life, Article 2 imposes procedural obligations on the State to investigate the circumstances of the death. These obligations are fulfilled by a coroner’s inquest. Unlike in prison and police station deaths, there need not be any independent investigation system prior to the inquest stage, and nor does Article 2 require one.”
UK Human Rights Blog, 22nd October 2013
Source: www.ukhumanrightsblog.com
Penalties, PECR and PPI – Panopticon
“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”
Panopticon, 22nd October 2013
Source: www.panopticonblog.com
Pension liberation schemes were “occupational”, High Court rules, as HMRC tightens procedures – OUT-LAW.com
“A number of pension schemes which allowed members to access their savings before the minimum retirement age should be classed as ‘occupational’ schemes, the High Court has ruled.”
OUT-LAW.com, 22nd October 2013
Source: www.out-law.com
Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com
“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”
OUT-LAW.com, 22nd October 2013
Source: www.out-law.com
