Insurers seek claims legislation reform following UK riots – The Guardian
“A year after the UK riots, insurers have called on the government to reform legislation relating to claims for riot damage after more than half the claims they submitted to police authorities were declined.”
The Guardian, 2nd August 2012
Source: www.guardian.co.uk
LSC to face judicial review over report costs – Law Society’s Gazette
“The Law Society is to challenge by judicial review a Legal Services Commission decision to meet just one-third of the costs of an expert witness report ordered by a county court on behalf of a child.”
Law Society’s Gazette, 2nd August 2012
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Woodward v Leeds Teaching Hospitals NHS Trust [2012] EWHC 2167 (QB) (01 August 2012)
High Court (Chancery Division)
Kaupthing Singer & Friedlander Ltd, Re: the Insolvency Act 1986 [2012] EWHC 2235 (Ch) (31 July 2012)
E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch) (31 July 2012)
Fine & Country Ltd & Ors v Okotoks Ltd & Anor [2012] EWHC 2230 (Ch) (31 July 2012)
Quick Draw LP v Global Live Events LLP & Ors [2012] EWHC 2105 (Ch) (30 July 2012)
Lloyds TSB Bank Plc v Crowborough Properties Ltd & Ors [2012] EWHC 2234 (Ch) (23 July 2012)
Lloyds TSB Bank Plc v Crowborough Properties Ltd & Ors [2012] EWHC 2233 (Ch) (23 July 2012)
High Court (Family Division)
CA (A Baby), Re [2012] EWHC 2190 (Fam) (30 July 2012)
NHS Trust v Baby X & Ors [2012] EWHC 2188 (Fam) (30 July 2012)
High Court (Administrative Court)
C, R (on the application of) v North Tyneside Council [2012] EWHC 2222 (Admin) (01 August 2012)
High Court (Commercial Court)
Access Bank Plc v Akingbola & Ors [2012] EWHC 2148 (Comm) (31 July 2012)
Aston Hill Financial Inc & Ors v African Minerals Finance Ltd [2012] EWHC 2173 (Comm) (31 July 2012)
High Court (Technology and Construction Court)
Brit Inns Ltd & Ors v BDW Trading Ltd [2012] EWHC 2143 (TCC) (31 July 2012)
Whessoe Oil & Gas Ltd & Anor v Dale [2012] EWHC 2270 (TCC) (26 July 2012)
Eagle Ltd v Falcon Ltd [2012] EWHC 2261 (TCC) (Hearing 17 July 2012)
Source: www.bailii.org
Doncaster library legal battle lost by Carol Buck – BBC News
“A disabled woman from South Yorkshire has lost her legal challenge against an elected mayor over library funding.”
BBC News, 1st August 2012
Source: www.bbc.co.uk
Northern Rock compensation claim rejected – The Guardian
“Investors who held in shares in Northern Rock before it was nationalised by Labour in February 2008 have reacted angrily to a long awaited decision by the European court of human rights to dismiss their argument that they should be granted compensation by the UK government.”
The Guardian, 1st August 2012
Source: www.guardian.co.uk
Olympics fast-track court at Stratford magistrates – The Guardian
“Duncan Campbell reports from the east London court for the first conviction of a racially aggravated offence at the Games.”
The Guardian, 1st August 2012
Source: www.guardian.co.uk
Tetra Pak heir Hans Rausing avoids jail over failing to bury wife Eva – The Independent
“Hans Rausing, one of Britain’s richest men, avoided a jail sentence today after he admitted preventing the lawful and decent burial of his wife Eva’s body.”
The Independent, 1st August 2012
Source: www.independent.co.uk
Sean Rigg death in custody: police used unnecessary force, jury finds – The Guardian
“An inquest jury has concluded that police used unsuitable and unnecessary force on a man who died in custody, with officers failing to uphold the detained man’s basic rights as he collapsed after being pinned down for eight minutes.”
The Guardian, 1st August 2012
Source: www.guardian.co.uk
Woman wins £1.3m damages after growing to 6ft 5in because of tumour – The Guardian
“A woman who says she feels like a freak because of the effect on her growth of an undiagnosed tumour has won almost £1.3m damages.”
The Guardian, 1st August 2012
Source: www.guardian.co.uk
Damages uplift ruling sparks call for clarity – Law Society’s Gazette
“Lawyers have called for extra guidance after claiming a judicial announcement on damages raises more questions than answers.”
Law Society’s Gazette, 2nd August 2012
Source: www.lawgazette.co.uk
Man who gave Nazi salute at a basketball match fined £2,500 – The Guardian
“A Lithuanian man who gave a Nazi salute during an Olympic basketball match has become the first person to be convicted of a racially aggravated offence at the Games and fined £2,500. He was told that his behaviour and that of other Lithuanian fans was ‘despicable’.”
The Guardian, 1st August 2012
Source: www.guardian.co.uk
Remand prisoners treated worse than sentenced inmates – report – The Guardian
“Tens of thousands of remand prisoners who are yet to be convicted are treated far worse in jails in England and Wales than sentenced prisoners, according to an official watchdog report.”
The Guardian, 2nd August 2012
Source: www.guardian.co.uk
Ali twins jailed for funding terrorism abroad – BBC News
“Identical twin brothers from London, who admitted raising money in England to fund terrorism abroad, have been jailed for three years.”
BBC News, 1st August 2012
Source: www.bbc.co.uk
Regina (Foley) v Parole Board for England and Wales and another – WLR Daily
“There could no longer be any objective justification for the different tests governing early release applied by the Parole Board to those serving indeterminate sentences and those serving determinate sentences under the Criminal Justice Act 1991.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily
“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
Arif v Zar and another – WLR Daily
Arif v Zar and another [2012] EWCA Civ 986; [2012] WLR (D) 239
“In relation to a bankruptcy order, the court sitting in bankruptcy had to give consideration to the possibility that a person might attempt to use the protection of the order as a shield against the claims of their spouse for ancillary relief. Where there was credible evidence of that the court ought not to be afraid to use its powers to order full disclosure and to require the attendance and cross-examination of witnesses where necessary in order properly and fairly to determine an annulment application. The question of whether it was right to transfer an annulment application to be heard alongside an ancillary relief application in the Family Division depended upon the facts and was a matter of discretion for the registrar or judge asked to transfer it.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily
“A disclosure order obtained in civil recovery proceedings did not authorise sending information notices to persons who were outside the United Kingdom.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
Regina (YZ (China)) v Secretary of State for the Home Department – WLR Daily
“Where a foreign national was removed from the United Kingdom in consequence of the unlawful issue of a certificate under section 96(2) of the Nationality, Immigration and Asylum Act 2002 following refusal by the Secretary of State of his application for revocation of a deportation order, there was no presumption that the court should order his return to pursue an in-country appeal.”
WLR Daily, 26th July 2012
Source: www.iclr.co.uk
Bilta (UK) Ltd (in liquidation) and others v Nazir and others – WLR Daily
“Section 213 of the Insolvency Act 1986 had extraterritorial effect. Sir Andrew Morritt C so held in the Chancery Division when dismissing the application by the sixth defendant Jetivia SA (‘Jetivia’), a company incorporated in Switzerland, and the seventh defendant, its sole director Urs Brunschweiler (‘B’), seeking orders that the claim by the second and third claimants, Kevin John Hellard and David Anthony Ingram, the liquidators of the first claimant, Bilta (UK) Ltd (‘Bilta’), alleging that the defendants had conspired to injure and defraud Bilta and were knowingly parties to the carrying on of the business of Bilta with intent to defraud the creditors of Bilta and other fraudulent purposes, should be summarily dismissed. Save for the ninth defendant, only Jetivia and B were now participating in the proceedings.”
WLR Daily, 30th July 2012
Source: www.iclr.co.uk