BAILII: Recent Decisions

Posted December 6th, 2012 in law reports by sally

High Court (Chancery Division)

Clinisupplies Ltd v Park & Ors [2012] EWHC 3453 (Ch) (05 December 2012)

High Court (Technology and Construction Court)

Cleightonhills v Bembridge Marine Ltd & Ors [2012] EWHC 3449 (TCC) (05 December 2012)

Source: www.bailii.org

Command Papers – official-documents.gov.uk

Posted December 6th, 2012 in parliamentary papers by sally

Autumn Statement 2012, Cm 8480 (PDF)

Review Body on Senior Salaries: Report No. 80 Report on Locality Pay for NHS Very Senior Managers 2012, Cm 8507 (PDF)

NHS Pay Review Body: Market-Facing Pay, Cm 8501 (PDF)

School Teachers’ Review Body: Twenty-First Report – 2012, Cm 8487 (PDF)

Prison Service Pay Review Body: Report on Local Pay in England and Wales 2012, Cm 8488 (PDF)

Office for Budget Responsibility: Economic and fiscal outlook, Cm 8481 (PDF)

Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, Cm 8503 (PDF)

Gas Generation Strategy, Cm 8407 (PDF)

Draft Gambling (Licensing & Advertising) Bill, Cm 8497 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 6th, 2012 in legislation by sally

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

The Firefighters’ Pension Scheme (England) (Amendment) (No. 2) Order 2012

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2012

The Insurance Companies (Transitional Provisions) Regulations 2012

The Friendly Societies (Modifications of the Tax Acts) Regulations 2012

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2012

The Finance Act 1994, section 30A (Appointed Day) Order 2012

Source: www.legislation.gov.uk

Judge strikes down Facebook page “Keeping our Kids Safe From Predators” – UK Human Rights Blog

Posted December 6th, 2012 in anonymity, criminal records, injunctions, internet, news, sexual offences by sally

“This fascinating case comes to light in the midst of general astonishment at the minimal attention paid in the Leveson Report to the ‘wild west’ of the internet and the question of social media regulation.”

Full story

UK Human Rights Blog, 5th December 2012

Source: www.ukhumanrightsblog.com

High Court overturns ruling striking out £60,000 ATE premium for redacted insurance certificate – Litigation Futures

Posted December 6th, 2012 in costs, insurance, news, striking out by sally

“The High Court has overturned a cost judge’s ruling that a redacted after-the-event (ATE) insurance certificate did not comply with the Costs Practice Direction (CPD) because it did not show what premiums would have been payable had the case concluded earlier than it did.”

Full story

Litigation Futures, 6th December 2012

Source: www.litigationfutures.com

Are whole-life prison sentences an infringement of human rights? – The Guardian

Posted December 6th, 2012 in human rights, news, rehabilitation, sentencing by sally

“As three British lifers launch an appeal at the European court, we weigh the evidence.”

Full story

The Guardian, 5th December 2012

Source: www.guardian.co.uk

Abid Naseer loses extradition appeal – BBC News

Posted December 6th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“A UK-based terror suspect has failed in his bid to stop his extradition to the US after the European Court of Human Rights threw his case out.”

Full story

BBC News, 5th December 2012

Source: www.bbc.co.uk

Thieves sell £500,000 Henry Moore sculpture as scrap for just £46 – Daily Telegraph

Posted December 6th, 2012 in artistic works, news, sentencing, theft, waste by sally

“Two thieves who stole a £500,000 sculpture by Henry Moore and sold it as scrap for just £46 have been jailed for a year.”

Full story

Daily Telegraph, 5th December 2012

Source: www.telegraph.co.uk

Gove challenged over exam changes by watchdog Ofqual – BBC News

Posted December 6th, 2012 in education, examinations, news by sally

“England’s exams regulator Ofqual has told the Education Secretary Michael Gove it has concerns over some of the changes he is bringing in to England’s exams system.”

Full story

BBC News, 5th December 2012

Source: www.bbc.co.uk

Divorce battle lands pair with £1.3m legal bill – Daily Telegraph

Posted December 6th, 2012 in appeals, costs, divorce, news by sally

“A husband ran up a £500,000 legal bill in a bitter divorce dispute he could not afford, the High Court ruled.”

Full story

Daily Telegraph, 5th December 2012

Source: www.telegraph.co.uk

Internet traffic data and debt collection: privacy implications – Panopticon

Posted December 6th, 2012 in data protection, EC law, internet, news, privacy by sally

“Mr Probst was a subscriber to the internet service provider (ISP) Verizon. He failed to pay his bill. A company called ‘nexnet’, the assignee of Verizon’s debt, sought to collect the sums due. In doing so, it obtained and used his internet traffic data in accordance with its ‘data protection and confidentiality agreement’ with Verizon. Disinclined to pay up, Mr Probst argued that nexnet had processed his personal data unlawfully and that the relevant terms of its agreement with Verizon purporting to sanction that processing were void. The first-instance German court agreed with him, but the appellate court did not.”

Full story

Panopticon, 5th December 2012

Source: www.panopticonblog.com

Jail sex offenders for longer, proposes review of sentencing guidelines – The Guardian

“Rapists and sex attackers should be given longer prison terms, the Sentencing Council recommends, as courts take into account gang attacks and new technologies exploited by offenders.”

Full story

The Guardian, 6th December 2012

Source: www.guardian.co.uk

Theresa May wins Abu Qatada court appeal bid – The Independent

Posted December 6th, 2012 in appeals, deportation, evidence, news, terrorism, torture by sally

“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”

Full story

The Independent, 5th December 2012

Source: www.independent.co.uk

Hillsborough probe bill supported in House of Commons – BBC News

Posted December 6th, 2012 in bills, complaints, news, parliament, police, sport by sally

“New powers to help the investigation of police officers involved in the Hillsborough disaster have been approved by MPs in the Commons.”

Full story

BBC News, 5th December 2012

Source: www.bbc.co.uk

Sexual Offences Guidelines Consultations – Ministry of Justice

Sexual Offences Guideline: Child sex offences committed by young offenders under the age of 18

Sexual Offences Guideline: Exploitation offences

Sexual Offences Guideline: Indecent images of children

Sexual Offences Guideline: Offences against those with a mental disorder

Sexual Offences Guideline: Offences where the victim is a child

Sexual Offences Guideline: Other sexual offences

Sexual offences guideline: Rape and assault offences

Ministry of Justice, 6th December 2012

Source: www.justice.gov.uk

Addenbrooke’s Hospital payout as equipment left in patient – BBC News

Posted December 5th, 2012 in compensation, hospitals, negligence, news by sally

“A hospital has apologised and paid £7,000 in compensation to a man who had surgical equipment left inside him following an operation.”

Full story

BBC News, 5th December 2012

Source: www.bbc.co.uk

Equality and diversity rules spot check – Bar Standards Board

Posted December 5th, 2012 in barristers, diversity, equality, news by sally

“The BSB is undertaking a ‘progress check’ with a sample of 40 chambers to commence in February 2013. This to understand the extent to which the profession is engaging with the new equality and diversity rules and to identify any areas of challenge for individuals and chambers.”

Full story

Bar Standards Board, 3rd December 2012

Source: www.barstandardsboard.org.uk

JSC BTA Bank v Ablyazov (No 8) – WLR Daily

Posted December 5th, 2012 in bias, civil justice, contempt of court, law reports, recusal by sally

JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366

“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

M v Scottish Ministers – WLR Daily

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily

Posted December 5th, 2012 in care orders, family courts, jurisdiction, law reports, local government by sally

In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364

“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk