BAILII: Recent Decisions

Posted February 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Shillam v R [2013] EWCA Crim 160 (22 February 2013)

Asmelash v R [2013] EWCA Crim 157 (22 February 2013)

Court of Appeal (Civil Division)

BAA Ltd v Revenue and Customs [2013] EWCA Civ 112 (21 February 2013)

Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 (21 February 2013)

Dear & Anor v Jackson [2013] EWCA Civ 89 (22 February 2013)

Evans, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2013] EWCA Civ 115 (22 February 2013)

High Court (Chancery Division)

Marconi Corporation Plc (now Telent Limited), Re [2013] EWHC 324 (Ch) (21 February 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 273 (Ch) (21 February 2013)

Davis & Anor v Price & Anor [2013] EWHC 323 (Ch) (21 February 2013)

High Court (Queen’s Bench Division)

McCann & Anor v Bennett [2013] EWHC 283 (QB) (21 February 2013)

McCann & Anor v Bennett (Sentencing Remarks) [2013] EWHC 332 (QB) (21 February 2013)

High Court (Administrative Court)

On Line Design & Engineering Ltd v Engineering Construction Industry Training Board [2013] EWHC 287 (Admin) (21 February 2013)

Ahzaz v The United States of America [2013] EWHC 216 (Admin) (21 February 2013)

High Court (Technology and Construction Court)

Zennstrom & Anor v Fagot & Ors [2013] EWHC 288 (TCC) (21 February 2013)

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC) (22 February 2013)

Source: www.bailii.org

Figures show divorce hot spots – Ministry of Justice

Posted February 22nd, 2013 in dispute resolution, divorce, news, statistics by sally

Separating couples are being urged to use mediation instead of ending up in courtroom battles after a list of England and Wales divorce hot spots was revealed.

Full story

Ministry of Justice, 20th February 2013

Source: www.justice.gov.uk

High Court challenge over 17-year-olds’ custody rights – Law Society’s Gazette

Posted February 22nd, 2013 in custody, detention, judicial review, news, police, United Nations, young offenders by sally

“The High Court will hear a legal challenge to the practice of treating 17-year-olds detained in police custody as adults, in a judicial review being brought by Just For Kids Law next week.”

Full story

Law Society’s Gazette, 22nd February 2013

Source: www.lawgazette.co.uk

Upper Tribunal issues further decision in Prince Charles’ letters saga – Panopticon

Posted February 22nd, 2013 in disclosure, judicial review, news, parliament, public interest, royal family, veto by sally

“In the latest round of the legal and political boxing match that the Evans case has become, the Upper Tribunal (‘UT’), chaired by Walker J, has decided that the government should release its ‘schedules and lists’ of ‘advocacy correspondence’ between Prince Charles and various government departments.”

Full story

Panopticon, 21st February 2013

Source: www.panopticonblog.com

New centres and £4 million to help rape victims – Ministry of Justice

Posted February 22nd, 2013 in news, rape, sexual offences, victims by sally

“Victims of rape and sexual assault will have improved access to expert advice, support and counselling following the go-ahead for four new rape support centres. This takes the total number of centres to 78 across England and Wales.”

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Ministry of Justice, 22nd February 2013

Source: www.justice.gov.uk

Bill forcing papers to seek pre-publication approval is ‘flawed’ – The Guardian

Posted February 22nd, 2013 in bills, damages, defamation, dispute resolution, freedom of expression, media, news, privacy by sally

“Proposals for a new law which would require newspaper editors to seek regulatory approval for certain types of stories are flawed and should be abandoned, a number of peers have said.”

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The Guardian, 22nd February 2013

Source: www.guardian.co.uk

ICO to publish code of practice for the press on personal data processing – OUT-LAW.com

Posted February 22nd, 2013 in codes of practice, consultations, data protection, freedom of expression, media, news, ombudsmen, privacy, public interest by sally

“The UK’s data protection watchdog has outlined its intention to set new guidelines for journalists on the processing of personal data for the purposes of journalism.”

Full story

OUT-LAW.com, 21st February 2013

Source: www.out-law.com

Neuberger warns against risk of profits before principles in the ABS world – Legal Futures

Posted February 22nd, 2013 in alternative business structures, judges, legal aid, legal services, news by sally

“The president of the Supreme Court has urged the legal profession not to lose sight of its fundamental principles in the rush for modernisation, warning about the risks of pressure from “hard-nosed businessmen” who may invest in law firms.’

Full story

Legal Futures, 22nd February 2013

Source: www.legalfutures.co.uk

Lord McAlpine drops defamation claims against Twitter users with fewer than 500 followers – The Independent

Posted February 22nd, 2013 in charities, damages, defamation, internet, news by sally

“Lord McAlpine has announced that he is dropping defamation claims against Twitter users with fewer than 500 followers who wrongly named him as a paedophile, instead asking for a charitable donation.”

Full story

The Independent, 21st February 2013

Source: www.independent.co.uk

After Leveson: the 66-year press regulation journey that ends as it began – The Guardian

Posted February 22nd, 2013 in freedom of expression, inquiries, interception, media, news, privacy, telecommunications by sally

“In this extract from After Leveson, a book edited by John Mair, John Jewell, of the Cardiff school of journalism, takes us on the long journey that led publishers, editors, journalists and phone hacking victims to the royal courts of justice for the Leveson inquiry. His story begins 66 years ago…”

Full story

The Guardian, 21st February 2013

Source: www.guardian.co.uk

Probation service gets ‘generally good’ report as it faces wholesale outsourcing – The Guardian

Posted February 22nd, 2013 in consultations, contracting out, news, ombudsmen, probation, recidivists, statistics by sally

“The probation service, which faces wholesale outsourcing under government plans, is ‘doing much good work’ with adult offenders but some aspects continue to require improvement, according to the chief inspector of probation.”

Full story

The Guardian, 21st February 2013

Source: www.guardian.co.uk

Hacking: No charges for ex-NoW deputy editor – BBC News

Posted February 22nd, 2013 in evidence, inquiries, interception, media, news, prosecutions, telecommunications by sally

“The former deputy editor at the now-defunct News of the World newspaper will not face any charges regarding phone hacking, the CPS has announced.”

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BBC News, 22nd February 2013

Source: www.bbc.co.uk

One in three serious offenders has 15 or more convictions or cautions – Daily Telegraph

Posted February 22nd, 2013 in burglary, news, recidivists, rehabilitation, statistics, victims, violent offenders by sally

“One in three serious offenders last year had at least 15 previous convictions or cautions, up from one in five a decade ago.”

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Daily Telegraph, 21st February 2013

Source: www.telegraph.co.uk

Madeleine McCann contempt case: retired solicitor found guilty – The Guardian

Posted February 22nd, 2013 in contempt of court, costs, defamation, injunctions, news, sentencing, suspended sentences by sally

“A retired solicitor who published claims that Madeleine McCann’s parents caused her death has been given a suspended jail sentence.”

Full story

The Guardian, 21st February 2013

Source: www.guardian.co.uk

Whistleblowers to be protected from harassment from co-workers – The Guardian

Posted February 22nd, 2013 in bills, employment tribunals, harassment, news, vicarious liability, whistleblowers by sally

“Whistleblowers are to be protected from harassment and bullying from co-workers after criticism that current legislation fails to protect those who speak out.”

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The Guardian, 21st February 2013

Source: www.guardian.co.uk

Divorcing couples often hide assets, survey suggests – BBC News

Posted February 22nd, 2013 in disclosure, dispute resolution, divorce, news, penalties by sally

“Many people going through divorce could be hiding their wealth from their partners, a survey suggests.”

Full story

BBC News, 22nd February 2013

Source: www.bbc.co.uk

Competition Commission raps Big Four accountants – BBC News

Posted February 22nd, 2013 in auditors, banking, competition, inquiries, news, reports, shareholders by sally

“Britain’s four biggest accountancy firms have been heavily criticised by the Competition Commission.”

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BBC News, 22nd February 2013

Source: www.bbc.co.uk

UK’s most senior female judge calls for more diversity at the top – The Guardian

Posted February 22nd, 2013 in diversity, equality, judges, judiciary, news, women by sally

“Positive discrimination may be needed to redress the gender imbalance among senior judges, the only woman in Britain’s highest court has proposed.”

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The Guardian, 21st February 2013

Source: www.guardian.co.uk

Guilty: the ringleaders who plotted a terror spectacular to rival 9/11 – The Independent

Posted February 22nd, 2013 in charities, intelligence services, news, terrorism by sally

“The ringleaders of a Birmingham-based extremist cell whose deadly ambitions were matched only by their incompetence are facing life terms after the unravelling of their plot for a terrorist spectacular to rival the September 11 attacks.”

Full story

The Independent, 21st February 2013

Source: www.independent.co.uk

Vicky Pryce retrial decision triggers defence of jury system – The Guardian

Posted February 22nd, 2013 in evidence, internet, juries, married persons, news, perverting the course of justice, retrials, road traffic offences by sally

“Britain’s jury system should not be judged by the outcome of a single, complex and highly unusual case, senior lawyers have warned following the collapse of the Vicky Pryce trial.”

Full story

The Guardian, 21st February 2013

Source: www.guardian.co.uk