BAILII: Recent Decisions

Posted May 16th, 2013 in law reports by sally

Supreme Court

Methodist Conference v Preston (Rev 1) [2013] UKSC 29 (15 May 2013)

Court of Appeal (Criminal Division)

Odegbune & Ors v R. [2013] EWCA Crim 711 (15 May 2013)

Norris v R. [2013] EWCA Crim 712 (15 May 2013)

Court of Appeal (Civil Division)

Doy v Gunn [2013] EWCA Civ 547 (08 May 2013)

Hotak v London Borough of Southwark (Rev 1) [2013] EWCA Civ 515 (15 May 2013)

Watson, R (on the application of) v London Borough of Richmond Upon Thames [2013] EWCA Civ 513 (15 May 2013)

United Marine Aggregates Ltd. v GM Welding & Engineering Ltd & Anor [2013] EWCA Civ 516 (14 May 2013)

High Court (Chancery Division)

Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) (09 May 2013)

Kemsley v Barclays Bank Plc & Ors [2013] EWHC 1274 (Ch) (15 May 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint -Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 1161 (TCC) (14 May 2013)

Source: www.bailii.org

Charity unable to claim rates relief – Wi-Fi transmitters were “minimal” use, says High Court – OUT-LAW.com

Posted May 16th, 2013 in charities, news, rates, telecommunications by sally

“A registered charity that provides free Wi-Fi services and broadcasts public safety messages using transmitters installed in otherwise empty commercial properties cannot claim business rates relief, the High Court has said.”

Full story

OUT-LAW.com, 15th May 2013

Source: www.out-law.com

Saudi princes fail to win sovereign immunity in UK court case – The Guardian

Posted May 16th, 2013 in appeals, immunity, news, reporting restrictions, royal family by sally

“Two senior Saudi princes have failed to extract themselves from English justice after the court of appeal upheld a ruling that they are not entitled to sovereign immunity in a case involving their London-based business interests.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Victoria station killing: Odegbune minimum tariff reduced – BBC News

“A teenager convicted of murdering a schoolboy in Victoria Station has had his sentence’s minimum term reduced.”

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BBC News, 15th May 2013

Source: www.bbc.co.uk

Supreme Court rules that God is above the law – Daily Telegraph

Posted May 16th, 2013 in Christianity, employment, news, Supreme Court, unfair dismissal by sally

“It has passed judgments affecting multimillionaires, multinational banks and MPs but now Britain’s highest court has made clear that it does not have jurisdiction over God.”

Full story

Daily Telegraph, 15th May 2013

Source: www.telegraph.co.uk

Priority need – NearlyLegal

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

Full story

NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

Posted May 16th, 2013 in consultations, evidence, expert witnesses, family courts, fees, legal aid, news by sally

“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

We should have anonymity for people who have been arrested but not charged, says Theresa May – The Independent

“Criminal suspects who have been arrested should not normally be named until they are charged, the Home Secretary has said.”

Full story

The Independent, 16th May 2013

Source: www.independent.co.uk

Widower to receive £150,000 payout linked to wife’s death in Oxfordshire – BBC News

“A widower left with brain damage from alcohol abuse linked to the shock of his wife’s sudden death is to receive a £150,000 payout from the NHS.”

Full story

BBC News, 15th May 2013

Source: www.bbc.co.uk

Son jailed for 18 years at least for murdering mother after she threatened to disinherit him – The Independent

Posted May 16th, 2013 in families, mental health, murder, news, sentencing by sally

“A carpet fitter who smothered his frail mother to death after she threatened to write him out of her will has been jailed for life and ordered to serve a minimum of 18 years.”

Full story

The Independent, 15th May 2013

Source: www.independent.co.uk

Legal aid cuts prompt top lawyers to leave the bar for careers on the bench – The Guardian

Posted May 16th, 2013 in barristers, judiciary, legal aid, legal profession, news by sally

“It has been dubbed the stampede for ‘the purple lifeboat’ – applications to become judges have more than doubled over the past four years as senior lawyers seek professional sanctuary on the bench.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Stephen Lawrence judges: why we threw out David Norris appeal plea – The Guardian

Posted May 15th, 2013 in appeals, judges, murder, news, public interest, racism by sally

“Appeal court justices say conviction was ‘unarguable’ for racist murder of London teenager in 1993.”

Full story

The Guardian, 15th May 2013

Source: www.guardian.co.uk

Consent should be needed for anonymised data sharing to be lawful, say campaigners – OUT-LAW.com

Posted May 15th, 2013 in consent, data protection, EC law, internet, news, privacy, telecommunications by sally

“Businesses should have to ask for individuals’ consent before sharing anonymised personal data with third parties, digital rights campaigners have said.”

Full story

OUT-LAW.com, 15th May 2013

Source: www.out-law.com

Probation reform: payment by results can reduce reoffending – The Guardian

Posted May 15th, 2013 in charities, news, probation, public private partnerships, recidivists by sally

“The recent announcement from the justice secretary, opening up probation work to the private and voluntary sectors, may help to rebuild lives.”

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The Guardian, 15th May 2013

Source: www.guardian.co.uk

Top private school summoned by BSB over pupillage auction – The Lawyer

Posted May 15th, 2013 in education, news, pupillage by sally

“The Bar Standards Board (BSB) has approached the head of Westminster School after it auctioned off a mini-pupillage in a bid to raise money for a new building.”

Full story

The Lawyer, 15th May 2013

Source: www.thelawyer.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 15th, 2013 in legislation by sally

The Prospectus Regulations 2013

The Justice and Security (Northern Ireland) Act 2007 (Code of Practice) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Mellor & Ors v Partridge & Anor [2013] EWCA Civ 477 (03 May 2013)

High Court (Family Division)

IH (A Child) (Permission to Apply for Adoption) [2013] EWHC 1235 (Fam) (14 May 2013)

High Court (Administrative Court)

Public Safety Charitable Trust v Milton Keynes Council [2013] EWHC 1237 (Admin) (14 May 2013)

High Court (Patents Court)

Swarovski-Optik KG v Leica Camera AG & Anor [2013] EWHC 1227 (Pat) (10 May 2013)

Source: www.bailii.org

EVENT: LSE – Legal Biography Project, In Conversation with Dame Heather Hallett

Posted May 15th, 2013 in Forthcoming events by sally

“The Rt. Hon Lady Justice Hallett has been a Court of Appeal Judge since 2005, was the first woman to chair the Bar Council and is currently a member of the Judicial Appointments Commission. We are delighted to welcome Dame Heather to the LSE to be interviewed about her life and career. The interview will be conducted by Professor Linda Mulcahy and is open to staff, students and the public.”

Date: Tuesday 21st May 2013

Location: New Theatre, East Building, LSE

Charge: Free event

More information can be found here.

Mental Impairment – Identifying the signs – One Inner Temple Lane

Posted May 15th, 2013 in learning difficulties, mental health, news, trials by sally

“The issue of identifying mental impairment in relation to a defendant is one which requires careful thought, skill and tact from the criminal practitioner. Practical examples of the way in which these conditions may manifest themselves are useful. A purely academic approach may not be sufficient when dealing with the vulnerable clients that might be encountered.”

Full story

One Inner Temple Lane, 8th May 2013

Source: www.1itl.com

Cricket disciplinary appeal is an Arbitration – Sports Law Bulletin from Blackstone Chambers

Posted May 15th, 2013 in appeals, arbitration, disciplinary procedures, news, sport, witnesses by sally

“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”

Full story

Sports Law Bulletin from Blackstone Chambers, 13th May 2013

Source: www.sportslawbulletin.org