North Yorkshire PC Matthew Fisher jailed for sex assaults – BBC News
“A North Yorkshire police officer has been jailed for sexually assaulting two women while on duty.
BBC News, 3rd May 2013
Source: www.bbc.co.uk
Should parliament give itself more powers? – The Guardian
“Should parliament give itself more powers? That’s the intriguing question posed by a paper to be published next week by the Constitution Society, an educational charity established five years ago.”
The Guardian, 2nd May 2013
Source: www.guardian.co.uk
Met Police pay libel damages to riots ‘Good Samaritan’ – BBC News
“The Metropolitan Police is to pay substantial damages to a man who was wrongly
pictured in ‘wanted’ posters following the London riots in 2011.”
BBC News, 3rd May 2013
Source: www.bbc.co.uk
‘Secret justice’ message from leading judges – BBC News
“Leading judges have issued a strongly-worded message against secret justice to
protect a ‘fundamental principle’ of the court system in England and Wales.”
BBC News, 3rd May 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (03 May 2013)
Henley & Anor v Cohen [2013] EWCA Civ 480 (02 May 2013)
National Merchant Buying Society Ltd v Bellamy & Anor [2013] EWCA Civ 452 (02 May 2013)
Heron v TNT (UK) Ltd & Anor [2013] EWCA Civ 469 (02 May 2013)
Court of Appeal (Criminal Division)
AJR v R. [2013] EWCA Crim 591 (01 May 2013)
High Court (Administrative Court)
Belbin v Lille Court of First Instance, France [2013] EWHC 1099 (Admin) (02 May 2013)
High Court (Queen’s Bench Division)
Collins v Secretary of State for Business Innovation and Skills [2013] EWHC 1117 (QB) (02 May 2013)
Source: www.bailii.org
Regina v Radjpaul – WLR Daily
Regina v Radjpaul: [2013] EWCA Crim 591; [2013] WLR (D) 160
“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
JD Wetherspoon plc v Harris and others – WLR Daily
JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch); [2013] WLR (D) 159
“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily
Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471; [2013] WLR (D) 158
“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”
WLR Daily, 30th April 2013
Source: www.iclr.co.uk
Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily
“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”
WLR Daily, 25th April 2013
Source: www.iclr.co.uk
Attrill and others v Dresdner Kleinwort Ltd and another – WLR Daily
Attrill and others v Dresdner Kleinwort Ltd and another: [2013] EWCA Civ 394; [2013] WLR (D) 156
“A unilateral promise to pay discretionary bonuses introduced into a pre-existing contractual relationship was legally binding.”
WLR Daily, 26th April 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012 – Judiciary of England and Wales
“Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012.”
Judiciary of England and Wales, 1st May 2013
Source: www.judiciary.gov.uk
To fight or not to fight: pharmaceutical patent settlements – Competition Bulletin from Blackstone Chambers
“On 19 April 2013, the OFT announced that it had issued a Statement of Objections following its investigation into patent litigation settlement agreements (PLSAs) in the pharmaceutical sector.”
Competition Bulletin from Blackstone Chambers, 3rd May 2013
Source: www.competitionbulletin.com
Guidance from the Supreme Court on human rights damages – UK Human Rights Blog
“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
Stripping of ‘metadata’ from digital files will not automatically mean creative works become ‘orphans’, says IPO – OUT- LAW.com
“The absence of ‘metadata’ from digital files will not automatically mean that
creative material would be ‘orphan works’, the Intellectual Property Office
(IPO) has said.”
OUT-LAW.com, 2nd May 2013
Source: www.out-law.com
UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert – OUT-LAW.com
“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”
OUT-LAW.com, 3rd May 2013
Source: www.out-law.com
Society endorses ‘a la carte’ advice – but warns of risks – Law Society’s Gazette
“Family lawyers offering ‘pay as you go’ legal services are warned of the risks they carry and how to avoid them in a practice note published today by the Law Society. The note has been published to assist solicitors seeking to offer a more affordable service by allowing the client to deal with some aspects of their case themselves. It deals particularly with family law cases, following the removal of legal aid for most private law family matters on 1 April and is aimed primarily at those offering face-to-face client work.”
Law Society’s Gazette, 1st May 2013
Source: www.lawgazette.co.uk
Teachers accused: 4 recent cases – Education Law Blog
“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”
Education Law Blog, 1st May 2013
Source: www.education11kbw.com
