BAILII: Recent Decisions
Court of Appeal (Civil Division)
SG v Hewitt [2012] EWCA Civ 1053 (02 August 2012)
Source: www.bailii.org
Regina v Gul (Hamesh) – WLR Daily
Regina v Gul (Hamesh): [2012] EWCA Crim 1761; [2012] WLR (D) 245
“Where a defendant was sent for trial to the Crown Court on an indictable only offence but no such offence was included in the indictment when it was signed and the procedure to determine mode of trial was not followed such non-compliance with those procedural requirements would not result in the proceedings being a nullity where the defendant was able to cure any defect in the process by making an appropriate application to the judge at the time.”
WLR Daily, 31st July 2012
Source: www.iclr.co.uk
Deutsche Bahn AG and others v Morgan Crucible and others – WLR Daily
Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055; [2012] WLR (D) 244
“Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other addressees of the decision until the appeal had been determined.”
WLR Daily, 31st July 2012
Source: www.iclr.co.uk
Assénagon Asset Management SA v Irish Bank Resolution Corpn Ltd – WLR Daily
“A challenge to the legality of a technique used by the issuers of corporate bonds which had acquired the label ‘exit consent’ succeeded on the ground that it was not lawful for the majority bondholders to lend its aid to the coercion of a minority by voting for a resolution which expropriated the minority’s rights under their bonds for a nominal consideration.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Financial Services and Markets Act 2000 (Gibraltar) (Amendment) Order 2012
The Undertakings for Collective Investment in Transferable Securities (Amendment) Regulations 2012
The Diocese of St. Albans (Educational Endowments) (Radlett Church of England School) Order 2012
Source: www.legislation.gov.uk
Command Papers – official-documents.gov.uk
Prisoner transfer agreement with Albania – Ministry of Justice
“A new agreement seeing a greater number of Albanian prisoners transferred from the UK to complete their sentences in Albania has been signed.”
Ministry of Justice, 31st July 2012
Source: www.justice.gov.uk
Cloud provider’s ad failed to explain upload speed limitations, watchdog rules – OUT-LAW.com
“A cloud computing provider that ran a promotion stating users could store an ‘unlimited’ amount of data made exaggerated claims that were not suitably qualified or substantiated and were likely to mislead consumers, the UK’s advertising watchdog has ruled.”
OUT-LAW.com, 1st August 2012
Source: www.out-law.com
CAP sets out guidance on responsibility for advertising content within ‘video-on-demand’ services – OUT-LAW.com
“Media companies that provide video-on-demand (VOD) services are responsible for ensuring compliance with VOD advertising rules when advertising appears as a direct result of a user choosing to view VOD programmes, the Committee of Advertising Practice (CAP) has said.”
OUT-LAW.com, 2nd August 2012
Source: www.out-law.com
BSkyB has too much power over rivals, Competition Commission rules – The Guardian
“The competition regulator has said that BSkyB has too much power over pay-TV rivals, raising the possibility that the satellite company could face another investigation.”
The Guardian, 2nd August 2012
Source: www.guardian.co.uk
Drug addict who killed pensioner jailed for 28 years – The Guardian
“A drug addict ‘parasite’ who murdered a pensioner as she desperately clung on to a handbag containing her husband’s ashes has been jailed for a minimum of 28 years.”
The Guardian, 2nd August 2012
Source: www.guardian.co.uk
Insider fraud increases due to pay freezes – Daily Telegraph
“Pay freezes, rising unemployment and inflation are to blame for rising levels of insider fraud, according to CIFAS, the UK fraud prevention service.”
Daily Telegraph, 2nd August 2012
Source: www.telegraph.co.uk
Sean Rigg inquest: Inquiry into policeman’s evidence – BBC News
“The police watchdog is to investigate the evidence given by an officer during an inquest into the death of a schizophrenic man who died in custody.”
BBC News, 2nd August 2012
Source: www.bbc.co.uk
Jamaica’s London appeal court dilemma – BBC News
“Jamaica is celebrating the 50th anniversary of independence from Britain next week. The government in Kingston is talking about becoming a republic and is also looking at ending a legal legacy of the British Empire.”
BBC News, 3rd August 2012
Source: www.bbc.co.uk
Girl of 10 can choose to convert from Judaism to Christianity, judge rules – Daily Telegraph
“The schoolgirl’s divorced parents were ‘at war’ over her desire to be baptised at the church her father, himself a convert, now attends. But at the end of an unusual case a judge has ruled that she is mature enough to choose her religion, and alongside his judgment wrote a personal letter to the girl explaining his decision.”
Daily Telegraph, 2nd August 2012
Source: www.telegraph.co.uk
End protest at travellers’ site or face jail, villagers told – Daily Telegraph
“Villagers who set up a protest camp after a group of travellers moved on to green belt land near their homes were last night facing threats of £20,000 fines or even jail unless they leave.”
Daily Telegraph, 3rd August 2012
Source: www.telegraph.co.uk
The Sean Rigg Inquest: Failures and Lessons Learnt – Garden Court Chambers Blog
“Yesterday’s narrative verdict in the Sean Rigg inquest revealed devastating failings by the police, mental health services, and the IPCC. Leslie Thomas reflects on the case and asks when will lessons be learnt by those trusted with public confidence?”
Garden Court Chambers Blog, 2nd August 2012
Source: www.gclaw.wordpress.com
Rochdale grooming gang leader gets 22 years – BBC News
“The jailed leader of a Rochdale sex ring has received a further term of 22 years for 30 child rape charges.”
BBC News, 2nd August 2012
Source: www.bbc.co.uk
Judicial proposals for the modernisation of family justice published – Judiciary of England and Wales
“Mr Justice Ryder’s report into the modernisation of Family Justice is published today (30 July) containing a series of proposals to improve the workings of Family Courts.”
Judiciary of England and Wales, 30th July 2012
Source: www.judiciary.gov.uk
