High Court legal bid to save Leeds child heart surgery – BBC News
“The High Court is due to hear a legal challenge over plans to end child heart surgery at Leeds General Infirmary.”
BBC News, 11th February 2013
Source: www.bbc.co.uk
Iraq war activists to get £4,000 compensation over 2003 protest – The Guardian
“Anti-war protesters who were prevented by police from attending a mass rally outside an RAF airbase have been awarded more than £4,000 each in compensation.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
Pensioner ‘held prisoner’ by local council wins legal victory – The Independent
“A pensioner who was ‘held prisoner’ by a local authority won a legal victory when the council admitted violating her human rights.”
The Independent, 8th February 2013
Source: www.independent.co.uk
Sexual abuse victim killed herself after giving evidence at trial – The Guardian
“A professional violinist killed herself after giving evidence at the trial of her former music teacher, who was found guilty of five counts of indecent assault on Friday.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
Phone hacking: Sarah Ferguson and Hugh Grant among 144 to win damages – The Guardian
“Sarah Ferguson, the Duchess of York, is among 144 people who have won substantial damages after settling their phone-hacking claims against the News of the World, the high court has heard.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
Extra measures to tackle PPI claim pests – Ministry of Justice
“A specialist team created to crackdown on bad practice in the Payment Protection Insurance (PPI) claims market has helped tackle more than 200 rogue firms and is being strengthened to monitor even more companies.”
Ministry of Justice, 8th February 2013
Source: www.justice.gov.uk
Michael Brewer: Music director guilty of sex abuse charges – BBC News
“A leading choir director and his ex-wife have been convicted of indecently assaulting a former music school pupil when she was 14.”
BBC News, 8th February 2013
Source: www.bbc.co.uk
Police face investigation over physical restraint of disabled 11-year-old girl – The Guardian
“The police watchdog has launched an investigation into a complaint about the treatment of a disabled 11-year-old girl who was restrained by officers.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
RAF Fairford protesters win legal battle against police – BBC News
“Anti-war campaigners whose coaches were prevented from joining a mass rally against the Iraq war have won their legal battle against police.”
BBC News, 8th February 2013
Source: www.bbc.co.uk
Aamir Siddiqi murder: killers jailed for stabbing teenager by mistake – The Guardian
“Two hitmen who stabbed an innocent schoolboy to death by mistake have been told they will spend at least 40 years each in prison before being eligible for parole.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
A new European approach to business failure and insolvency – Hardwicke Chambers
“In December 2012, alongside the new European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, the European Commission released its proposal for a new Insolvency Regulation which is put forward to amend the current European Regulation on insolvency proceedings2 adopted on 29 May 2000.”
Hardwicke Chambers, 1st February 2013
Source: www.hardwicke.co.uk
No cash from the UK to avoid Indonesian firing squad – UK Human Rights Blog
“In this highly publicised case, the Administrative Court has come up with some firm criteria for the scope of the Convention’s protective reach for UK citizens abroad. The judgment is also something of a body blow for those who are looking to the EU Charter of Fundamental Rights and Freedoms for a wider human rights umbrella.”
UK Human Rights Blog, 8th February 2013
Source: www.ukhumanrightsblog.com
Pedestrians, contributory negligence and the current state of the law – Hardwicke Chambers
“In a hearing of potential landmark significance, the Court of Appeal has given permission to the defendant in Probert v Moore [2012] EWHC 2324 (QB) to appeal against a finding that a 13 year old girl was not guilty of contributory negligence when struck by a car on an unlit country lane.”
Hardwicke Chambers, 6th February 2013
Source: www.hardwicke.co.uk
Service charge consultation becomes an even larger elephant trap (The Chancellor’s valedictory hand grenade) – Hardwicke Chambers
“On 21 December 2012, Sir Andrew Morritt, then Chancellor of the High Court, handed down judgment in Phillips & Goddard v Francis & Francis [2012] EWHC 3650 (Ch), a case which has dramatic ramifications for residential landlords and managing agents. The state of the legislation and its most recent judicial interpretation will see landlords bogged down in consultations and applications for dispensation, and at risk of being unable to recover legitimate expenditure. ”
Hardwicke Chambers, 30th January 2013
Source: www.hardwicke.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tayeh v Barchester Healthcare Ltd [2013] EWCA Civ 29 (06 February 2013)
Situ Ventures Ltd v Bonham -Carter & Anor [2013] EWCA Civ 47 (07 February 2013)
A (A Child), Re [2013] EWCA Civ 43 (06 February 2013)
Knox D’arcy Operations Ltd & Anor v Manches LLP [2013] EWCA Civ 33 (07 February 2013)
High Court (Queen’s Bench Division)
Santander UK Plc v Harrison & Anor [2013] EWHC 199 (QB) (07 February 2013)
Duke v The University of Salford [2013] EWHC 196 (QB) (06 February 2013)
Barons Finance Ltd & Anor v Makanju [2013] EWHC 153 (QB) (06 February 2013)
High Court (Chancery Division)
Andre & Anor v Clydesdale Bank Plc [2013] EWHC 169 (Ch) (01 February 2013)
High Court (Administrative Court)
High Court (Family Division)
VK v JV [2012] EWHC 4033 (Fam) (26 November 2012)
High Court (Commercial Court)
Emailgen Systems Corp v Exclaimer Ltd & Anor [2013] EWHC 167 (Comm) (07 February 2013)
High Court (Patents Court)
Dupont Nutrition Biosciences ApS v Novozymes A/S [2013] EWHC 155 (Pat) (07 February 2013)
Source: www.bailii.org
First use of power to strike out following Summers v Fairclough – Hardwicke Chambers
“The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial.”
Hardwicke Chambers, 31st February 2013
Source: www.hardwicke.co.uk
The “Band of Reasonable Responses” Test in Unfair Dismissal – Littleton Chambers
“Judicial guidance regarding the meaning and application of s.98(4) of the Employment Rights Act 1996 in the context of misconduct dismissals is well settled and familiar.”
Littleton Chambers, 7th February 2013
Source: www.littletonchambers.com
Royal College of Surgeons publishes landmark document on professional standards for cosmetic practice – Hardwicke Chambers
“The Royal College of Surgeons (RCS) has published a landmark document setting out professional standards for cosmetic practice, addressing the widespread lack of regulation of all aspects of the industry.”
Hardwicke Chambers, 29th January 2013
Source: www.hardwicke.co.uk
Vexatious and manifestly unreasonable requests: definitive guidance from the Upper Tribunal – Panopticon
“Public authorities often have cause to consider whether to treat requests for information as vexatious (section 14 of FOIA) or manifestly unreasonable (regulation 12(4)(b) of the EIR). Precise definitions of those terms are difficult to pin down. They are not supplied by legislation. There is no binding authority from appellate courts or tribunals on their meaning in the information rights context. The Information Commissioner’s guidance is long-standing, but First-Tier Tribunals vary in the extent to which they use that guidance.”
Panopticon, 7th February 2013
Source: www.panopticonblog.com
