Naomi Campbell wins damages from Telegraph over ‘elephant polo’ claims – The Guardian
“Naomi Campbell has received an apology and ‘substantial’ libel damages from the Daily Telegraph over an article that wrongly claimed she organised an elephant polo tournament in India.”
The Guardian, 31st January 2013
Source: www.guardian.co.uk
Command Papers – official-documents.gov.uk
EU Court annuls EU freezing orders on Iranian bank – and Wikileaks again – UK Human Rights Blog
“In October 2009, Bank Mellat, an Iranian bank, was effectively excluded from the UK financial market by an Order made by the Treasury, on the basis that it had or might provide banking services to those involved in Iran’s nuclear effort. The Bank challenged the Order, and the challenge failed in the Court of Appeal, albeit with a dissent from Elias LJ: see Rosalind English’s post and read judgment. The Bank’s appeal to the Supreme Court is due to be heard in March 2013; it raises some fascinating issues about common law unfairness, Article 6, and the right to property under A1P1 , given that the Bank was not told of the intention to make the Order prior to its making.”
UK Human Rights Blog, 30th January 2013
Source: www.ukhumanrightsblog.com
BAILII: Recent Decisions
Supreme Court
B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4 (30 January 2013)
Court of Appeal (Criminal Division)
Dlugosz, R. v [2013] EWCA Crim 2 (30 January 2013)
Kenny v R. [2013] EWCA Crim 1 (30 January 2013)
Court of Appeal (Civil Division)
Ibrahim v London Borough of Wandsworth [2013] EWCA Civ 20 (30 January 2013)
FHR European Ventures LLP & Ors v Mankarious & Ors [2013] EWCA Civ 17 (29 January 2013)
High Court (Chancery Division)
Isis Investments Ltd v Oscatello Investments Ltd & Ors [2013] EWHC 7 (Ch) (30 January 2013)
Ridgewood Properties Group Ltd & Ors v Valero Energy Ltd [2013] EWHC 98 (Ch) (30 January 2013)
MF Global UK Ltd, Re [2013] EWHC 92 (Ch) (29 January 2013)
High Court (Administrative Court)
Polish Judicial Authority v Wolkowicz [2013] EWHC 102 (Admin) (30 January 2013)
Cakani v Secretary of State for Home Department [2013] EWHC 16 (Admin) (31 January 2013)
High Court (Family Division)
AI v MT [2013] EWHC 100 (Fam) (30 January 2013)
High Court (Technology and Construction Court)
Arcadis UK Ltd v May and Baker Ltd (t/a Sanofi) [2013] EWHC 87 (TCC) (29 January 2013)
Source: www.bailii.org
Blanket disclosure requirement for minor past convictions breaches Convention – UK Human Rights Blog
“The Court of Appeal has ruled that the statutory requirement that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment interfered with the appellants’ right to respect for private life under Article 8.”
UK Human Rights Blog, 30th January 2013
Source: www.ukhumanrightsblog.com
TV cameras to be allowed into court of appeal – The Guardian
“TV cameras will be allowed into the court of appeal for the first time from October and senior judges will be offered training before appearing on camera, the lord chief justice has revealed.”
The Guardian, 30th January 2013
Source: www.guardian.co.uk
UK criminal record disclosure laws deemed to infringe individuals’ privacy rights – OUT-LAW.com
“UK laws that set out a ‘blanket’ requirement that job applicants disclose to employers all of the ‘recordable’ criminal convictions and police warnings they have been given are incompatible with individuals’ right to privacy, the Court of Appeal has ruled.”
OUT-LAW.com, 31st January 2013
Source: www.out-law.com
Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice – WLR Daily
“The statutory regime requiring the blanket disclosure of all convictions and cautions relating to recordable offences against an individual was disproportionate to (i) the general aim of protecting employers and, in particular, children and vulnerable adults who were in their care, and (ii) the particular aim of enabling employers to make an assessment as to whether the individual was suitable for a particular kind of work.”
WLR Daily, 29th Janaury 2013
Source: www.iclr.co.uk
O’Cathail v Transport for London – WLR Daily
O’Cathail v Transport for London [2013] EWCA Civ 21; [2013] WLR (D) 31
“An employment tribunal’s decision to refuse a claimant’s application to adjourn a hearing could not be set aside by the Employment Appeal Tribunal unless the tribunal had erred in law.”
WLR Daily, 29th January 2013
Source: www.iclr.co.uk
In re MF Global UK Ltd (in special administration) Heis and others v Attestor Value Master Fund LP and another – WLR Daily
“The hindsight principle was not applicable to the determination of claims to client money for the purposes of a distribution under Chapter 7A of the Client Assets Sourcebook (‘CASS 7A’) issued by the Financial Services Authority in accordance with its powers under Part X of the Financial Services and Markets Act 2000.”
WLR Daily, 29th January 2013
Source: www.iclr.co.uk
B (Algeria) v Secretary of State for the Home Department – WLR Daily
B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4; [2013] WLR (D) 29
“Where a person held by a civil court or tribunal to be in contempt of court appealed against a sentence of imprisonment imposed for the contempt and the Court of Appeal (Civil Division) found that the lower court’s factual findings had been flawed but that nevertheless, on the basis of the true facts, there had still been contempt requiring imprisonment, it could decide for itself what the appropriate sentence should be by asking whether the lower court’s sentence had been manifestly excessive, provided that the lower court’s decision had not been influenced by its flawed findings of fact.”
WLR Daily, 30th January 2013
Source: www.iclr.co.uk
Radu (Case C-396/11) – WLR Daily
Radu (Case C-396/11); [2013] WLR (D) 28
“According to the provisions of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”
WLR Daily, 29th January 2013
Source: www.iclr.co.uk
Butler-Sloss condemns advice cuts – Law Society’s Gazette
“Removing funding for a service that helps litigants in person on the day wide-ranging legal aid cuts take effect will create ‘absolute disarray’ in the courts, a former head of the family division has warned.”
Law Society’s Gazette, 30th January 2013
Source: www.lawgazette.co.uk
Justice and Security Bill: no balance, no public interest – UK Human Rights Blog
“The government’s Justice and Security Bill has this week entered a new phase of debate in the House of Commons as it is considered in detail by a 19-member Public Bill Committee over the next month. The critics of this Bill – and there are many – argue that it will make ‘secret justice’ a standard part of our legal process. The latest set of amendments proposed by the government were revealed yesterday and within them lies a crucial and unjustifiable secrecy provision. The significance of the amendments becomes apparent when one looks at how the Bill has progressed so far.”
UK Human Rights Blog, 30th Janaury 2013
Source: www.ukhumanrightsblog.com
Lord chief justice: changes to judiciary ‘eroding something important’ – The Guardian
“Constitutional reforms that have taken effect over the past seven years ‘may be eroding something rather important’, the lord chief justice of England and Wales told peers on Wednesday.”
The Guardian, 30th January 2013
Source: www.guardian.co.uk
What is a false allegation of rape? – OUPblog
“What is a false allegation of rape? At first, this might appear to be a daft question. Reflecting the general tendency to think of the truth or otherwise of allegations in reductive terms of being either true or false, the meaning of “false allegation” is commonly taken to be self-evident. A false allegation of rape is an allegation that is false; the rape alleged did not, in fact, occur. In the abstract, this seems a perfectly logical and sensible approach.”
OUPblog, 31st January 2013
Source: www.blog.oup.com
No anonymity for bankers involved in Libor scandal – UK Human Rights Blog
“The Commercial Court has resisted an application to anonymise those individuals at Barclays involved in the LIBOR scandal.”
UK Human Rights Blog, 30th January 2013
Source: www.ukhumanrightsblog.com
