BAILII: Recent Decisions

Posted July 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

R. v Starr [2013] EWCA Crim 1179 (14 June 2013)

McGrath [2013] EWCA Crim 1261 (12 July 2013)

Court of Appeal (Civil Division)

Mayes v Knowles [2013] EWCA Civ 834 (12 July 2013)

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963 (11 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

AA-R (Iran) v Secretary of State for the Home Department [2013] EWCA Civ 835 (12 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

High Court (Queen’s Bench Division)

Nulty & Anor v Milton Keynes Borough Council [2012] EWHC 730 (QB) (03 February 2012)

High Court (Chancery Division)

Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)

High Court (Administrative Court)

Ragul & Anor v The Government of Azerbaijan [2013] EWHC 2000 (Admin) (12 July 2013)

Prenga, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1981 (Admin) (12 July 2013)

Zpevak v Regional Court of Brno Czech Republic [2013] EWHC 1257 (Admin) (08 May 2013)

General Dental Council v Jamous [2013] EWHC 1428 (Admin) (10 May 2013)

Modzelewski, R (on the application of) v Regional Court In Warsaw, Poland [2013] EWHC 1670 (Admin) (20 May 2013)

Sultan v The General Medical Council [2013] EWHC 1518 (Admin) (14 May 2013)

UK Uncut Legal Action Ltd v HM Revenue and Customs & Anor [2013] EWHC 1283 (Admin) (16 May 2013)

Belkevich, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1389 (Admin) (03 May 2013)

Nursing and Midwifery Council v Jerry [2013] EWHC 1542 (Admin) (21 May 2013)

Barclay & Anor, R (on the application of) v Secretary of State for Justice & Ors [2013] EWHC 1183 (Admin) (09 May 2013)

Kibe, R (on the application of) v Nursing and Midwifery Council [2013] EWHC 1402 (Admin) (03 May 2013)

Grudkowska v Circuit Court of Torun, Poland [2013] EWHC 1618 (Admin) (10 May 2013)

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

Vaganovs v Prosecutor General Office of the Republic of Latvia [2013] EWHC 1472 (Admin) (08 May 2013)

Zielinski v Regional Court In Poznan Poland [2013] EWHC 1511 (Admin) (15 May 2013)

Pacia v Judicial Authority of Poland [2013] EWHC 1520 (Admin) (08 May 2013)

Brazuks v General Office of the Republic of Latvia [2013] EWHC 1527 (Admin) (13 May 2013)

Juchniewicz v Regional Court In Szczecin (Polish Judicial Authority) [2013] EWHC 1529 (Admin) (13 May 2013)

Waszkiewicz v District Court of Poznan, Poland [2013] EWHC 1614 (Admin) (10 May 2013)

Ogbonna-Jacob v Nursing and Midwifery Council [2013] EWHC 1595 (Admin) (16 May 2013)

Presecan v Cluj-Napoca Court, Romania [2013] EWHC 1609 (Admin) (22 May 2013)

Source: www.bailii.org

Bar Council: Parliament must have chance to scrutinise EU justice opt out – The Bar Council

Posted July 16th, 2013 in criminal justice, EC law, news, parliament, treaties by sally

“The Bar Council, which represents barristers in England and Wales, has called on the Government to allow Parliament to scrutinise its intention to opt-out of more than 130 EU criminal justice measures properly. This comes as a Motion to Approve the opt-out has been scheduled for Monday 15 July, rather than full parliamentary scrutiny.”

Full story

The Bar Council, 12th July 2013

Source: www.barcouncil.org.uk

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association – Supreme Court

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association (PDF)

Supreme Court, 10th July 2013

Source: www.supremecourt.gov.uk

Courts could force directors to compensate creditors, under Government plans – OUT-LAW.com

“Courts could be given the power to order disqualified company directors to compensate creditors who have lost money as a result of their actions, under plans being considered by the Government.”

Full story

OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Proposals for radical overhaul of bar practising fee sparks fury – The Lawyer

Posted July 16th, 2013 in barristers, fees, news, remuneration by sally

“Top earning civil barristers are threatening revolt over plans to charge them a practising certificate fee (PCF) based on annual income.”

Full story

The Lawyer, 15th July 2013

Source: www.thelawyer.com

Paedophile freed and not banned from Facebook despite using it to groom victims – Daily Telegraph

“A judge has allowed a paedophile to walk free from court and continue using Facebook for the second time despite him repeatedly accessing the site to groom children.”

Full story

Daily Telegraph, 15th July 2013

Source: www.telegraph.co.uk

No witness immunity for the Forensic Science Service – UK Human Rights Blog

Posted July 16th, 2013 in appeals, deceit, human rights, immunity, negligence, news, witnesses by sally

“There was evidence in this case that employees of the Forensic Science Service had altered the exhibit numbers on the evidence in question, possibly to cover up their mistake.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Robert Hazell: The Royal baby, the Rules of Succession, and the Realms – UK Constitutional Law Group

“In anticipation of the birth of the Royal baby, Parliament passed the Succession to the Crown Act in April 2013. It provides that in future the eldest child will be next in line of succession, whether it is a girl or a boy. The law will not come into force in time for the Royal birth, but the new baby when born will be next in line. This Blog post explains the background, and the difficulties involved in changing the rules of succession.”

Full story

UK Constitutional Law Group, 15th July 2013

Source: www.ukconstitutionallaw.org

NHS body fined £200,000 for data destruction failings – OUT-LAW.com

Posted July 16th, 2013 in data protection, fines, hospitals, medical records, news by sally

“An NHS body has been issued with a £200,000 fine for failing to ensure that sensitive medical information about thousands of patients were deleted from old computers that were sold online.”

Full story

OUT-LAW.com, 15th July 2013

Source: www.out-law.com

Fraud claim soldier David McIntyre to be extradited – BBC News

Posted July 16th, 2013 in armed forces, extradition, fraud, news, post-traumatic stress disorder by sally

“A former soldier who said he would rather kill himself than face fraud allegations in the US has been told by the government he will be extradited.”

Full story

BBC News, 15th July 2013

Source: www.bbc.co.uk

Home Office may detain illegal entrant who appears to be over 18 – UK Human Rights Blog

Posted July 16th, 2013 in children, detention, immigration, law reports, news, Supreme Court by sally

“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Euromillions lottery win leaves woman suing colleagues – BBC News

Posted July 16th, 2013 in employment, gambling, news, pregnancy, sick leave by sally

“A mother-to-be is to sue her former workmates because she missed out on a Euromillions jackpot win when she was off work with morning sickness.”

Full story

BBC News, 15th July 2013

Source: www.bbc.co.uk

The impact of the revocation of the temporary stop notice regulations on Gypsies and Travellers: the road to nowhere – Garden Court Chambers Blog

“Marc Willers examines why changes to temporary stop notice provisions risk forcing Gypsies and Travellers onto the roadside.”

Full story

Garden Court Chambers Blog, 15th July 2013

Source: www.gclaw.wordpress.com

Gay marriage: Peers approve legislation – BBC News

Posted July 16th, 2013 in bills, homosexuality, marriage, news, parliament by sally

“Same-sex marriage in England and Wales is a step closer to becoming law after the House of Lords approved the change.”

Full story

BBC News, 15th July 2013

Source: www.bbc.co.uk

Choice of Sir John Thomas as lord chief justice sees tradition prevail – The Guardian

Posted July 16th, 2013 in judges, judicial appointments commission, judiciary, news, women by sally

“Non-selection of Lady Justice Hallett shows panel was not swayed by idea that it would be good to have a woman at the top.”

Full story

The Guardian, 15th July 2013

Source: www.guardian.co.uk

Tia Sharp murder: Agencies cleared of any blame – BBC News

Posted July 16th, 2013 in drug abuse, education, families, inquiries, murder, news, police, reports, social services by sally

“An inquiry into the welfare of murdered London schoolgirl Tia Sharp, who was killed by her grandmother’s partner, Stuart Hazell, has cleared the agencies involved of any blame.”

Full story

BBC News, 15th July 2013

Source: www.bbc.co.uk

Royal Mail worker jailed for terrorism offences – Daily Telegraph

Posted July 16th, 2013 in Islam, news, postal service, sentencing, telecommunications, terrorism by sally

“A man with links to radical Muslim preacher Anjem Choudary has been jailed for two years for terrorism offences.”

Full story

Daily Telegraph, 15th July 2013

Source: www.telegraph.co.uk

McNally under fire over Lips claim – Law Society’s Gazette

Posted July 16th, 2013 in delay, legal representation, litigants in person, news by sally

“Justice minister Lord McNally is facing criticism from lawyers over a claim that cases involving litigants in person (LiPs) are ‘normally’ completed more quickly than those where parties have legal representation.”

Full story

Law Society’s Gazette, 15th July 2013

Source: www.lawgazette.co.uk

Ofcom to probe Choudary comments – BBC News

Posted July 16th, 2013 in complaints, media, murder, news, terrorism by sally

“Ofcom has launched an investigation into interviews broadcast on BBC, ITV and Channel 4 with radical cleric Anjem Choudary in the days following the murder of Drummer Lee Rigby.”

Full story

BBC News, 15th July 2013

Source: www.bbc.co.uk

Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily

Posted July 15th, 2013 in appeals, duty of care, employment, health & safety, law reports, robbery by sally

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963; [2013] WLR (D) 277

“The failure by a betting shop to operate a magnetic lock to prevent a robbery during the hours of darkness was not a sufficient basis for a conclusion of a breach of a duty of care.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk