Command Papers – official-documents.gov.uk
High Speed Rail, Cm 8508 (PDF)
Source: www.official-documents.gov.uk
Henry ruling leaves lawyers rueing lack of clarity and warning of satellite litigation – Litigation Futures
“The Court of Appeal ruling in Henry yesterday has been met with disappointment and criticism from lawyers for failing to send out a clear message about the importance of costs management, and for risking an onslaught of satellite litigation.”
Litigation Futures, 29th January 2013
Source: www.litigationfutures.com
The future of human rights on these islands – UK Human Rights Blog
“Now that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December. Where now for human rights?”
UK Human Rights Blog, 29th January 2013
Source: www.ukhumanrightsblog.com
Judges given final say on secret justice – Daily Telegraph
“Judges will decide whether civil cases involving national security can be heard in secret in a climbdown by the Government.”
Daily Telegraph, 29th January 2013
Source: www.telegraph.co.uk
Computer programming languages should not be viewed as copyrightable, says High Court judge – OUT-LAW.com
“Computer programming languages should not be viewed as being copyrightable, a High Court judge has said.”
OUT-LAW.com, 28th January 2013
Source: www.out-law.com
Tomorrow’s Lawyers: a virtual judiciary – extract – The Guardian
“Is court a service or a place? And what is the scope for the ‘decomposing and multi-sourcing’ of judicial work?”
The Guardian, 29th January 2013
Source: www.guardian.co.uk
RSPCA told in letter to review its prosecution policies by Charity Commission – Daily Telegraph
“The RSPCA, Britain’s biggest animal welfare charity, has been officially asked to review its prosecution policies by the charities regulator after it spent hundreds of thousands of pounds bringing a prosecution against David Cameron’s local hunt.”
Daily Telegraph, 28th January 2013
Source: www.telegraph.co.uk
Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian
“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”
The Guardian, 28th January 2013
Source: www.guardian.co.uk
Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent
“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”
The Independent, 28th January 2013
Source: www.independent.co.uk
Mark Duggan inquest could be shown live over the internet – The Guardian
“Judicial officials are considering plans to stream the inquest into the police shooting of Mark Duggan live over the internet.”
The Guardian, 28th January 2013
Source: www.guardian.co.uk
Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers
“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”
Fulcrum Chambers, January 2013
Source: www.fulcrumchambers.com
Baby P Sun libel case: social worker could recover legal costs – The Guardian
“A social worker involved in the Baby P scandal who was facing a £300,000 shortfall in her legal bill following a successful libel action against the Sun has been told she now has a chance of recovering her costs following a landmark court of appeal judgment.”
The Guardian, 28th January 2013
Source: www.guardian.co.uk
Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers
On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.
Hardwicke Chambers, 23rd January 2013
Source: www.hardwicke.co.uk
Ordinary residence and local authority and NHS services – Hardwicke Chambers
“There are two questions about residence:
1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”
Hardwicke Chambers, 24th January 2013
Source: www.hardwicke.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
West London Mental Health NHS Trust v Chhabra [2013] EWCA Civ 11 (25 January 2013)
Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)
High Court (Administrative Court)
Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)
TWS, R (on the application of) v Manchester City Council [2013] EWHC 55 (Admin) (25 January 2013)
High Court (Chancery Division)
RVB Investments Ltd v Bibby [2013] EWHC 65 (Ch) (25 January 2013)
SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) (25 January 2013)
High Court (Queen’s Bench Division)
Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)
Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)
High Court (Family Division)
Cambra v Jones & Ors [2013] EWHC 88 (Fam) (25 January 2013)
BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)
High Court (Commercial Court)
Navig8 PTE Limited v Al -Riyadh Co [2012] EWHC 3925 (Comm) (17 December 2012)
Source: www.bailii.org
Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW
“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”
Full story (PDF)
11 KBW, 28th January 2013
Source: www.11kbw.com
Criminals could avoid court under new ‘proportionality’ test – Daily Telegraph
“More criminals will be let off without going to court as prosecutors assess whether the cost of any trial would be worth it under the biggest shake-up of the rules for 20 years.”
Daily Telegraph, 28th January 2013
Source: www.telegraph.com
