Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening) (Case C-364/11) – WLR Daily
“On its proper interpretation, article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise needed international protection, and the content of the protection granted, the cessation of protection or assistance from organs or agencies of the United Nations other than the High Commission for Refugees ‘for any reason’ included the situation in which a person who, after actually availing himself of such protection or assistance, had ceased to receive it for a reason beyond his control and independent of his volition. Where the competent authorities of the member state responsible for examining the application for asylum established that the condition relating to the cessation of the protection or assistance provided by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was satisfied, the fact that that person was ipso facto ‘entitled to the benefits of [the] Directive’ meant that that member state must recognise him as a refugee within the meaning of article 2(c) of the Directive and that person must automatically be granted refugee status, provided always that he was not caught by article 12(1)(b) or (2) and (3) of the Directive.”
Source: www.iclr.co.uk
Sayers v Lord Chelwood and another – WLR Daily
Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389
“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Leno Merken BV v Hageldruis Beheer BV – WLR Daily
Leno Merken BV v Hageldruis Beheer BV: (Case C-149/11); [2012] WLR (D) 388
“The territorial borders of the member states should be disregarded in the assessment of whether a trade mark had been put to ‘genuine use in the Community’ within the meaning of article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark (OJ 2009 L78, p 1).”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387 – WLR Daily
Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387
“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”
WLR Daily, 18th December 2012
Source: www.iclr.co.uk
British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) – WLR Daily
“The obligation on a local authority to invite proposals to establish academies under section 6A of the Education Act 2006, as amended, was triggered if a local authority thought there was a need to establish a new school in their area. It was implicit in the scheme of Part 2 of the 2006 Act that there was a distinction between the concept of a “need”, which imported a sense of compelling requirement to establish a new school under section 6A, and a more general assessment by a local authority whether it might be beneficial for a new school to be established.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Societe Generale, London Branch v Geys [2012] UKSC 63 (19 December 2012)
Kinloch v Her Majesty’s Advocate (Scotland) [2012] UKSC 62 (19 December 2012)
Court of Appeal (Civil Division)
Football Association Premier League Ltd v QC Leisure & Ors [2012] EWCA Civ 1708 (20 December 2012)
Miah v Secretary of State for the Home Department [2012] EWCA Civ 1719 (20 December 2012)
M (Children), Re [2012] EWCA Civ 1710 (20 December 2012)
Crossland v University of Glamorgan [2012] EWCA Civ 1709 (20 December 2012)
Aviva Insurance Ltd v Hackney Empire Ltd [2012] EWCA Civ 1716 (19 December 2012)
Royds LLP v Pine [2012] EWCA Civ 1734 (19 December 2012)
Sayers v Chelwood & Anor [2012] EWCA Civ 1715 (19 December 2012)
High Court (Administrative Court)
Patel v General Medical Council [2012] EWHC 3688 (Admin) (20 December 2012)
Nastase v Office of the State Prosecutor, Trento, Italy [2012] EWHC 3671 (Admin) (20 December 2012)
ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012)
Tinkler v Solicitors Regulation Authority [2012] EWHC 3645 (Admin) (19 December 2012)
High Court (Chancery Division)
WH Newson Holding Ltd & Ors v IMI Plc & Ors [2012] EWHC 3680 (Ch) (19 December 2012)
High Court (Patents Court)
High Court (Queen’s Bench Division)
City of Westminster v Addbins Ltd
& Ors [2012] EWHC 3716 (QB) (20 December 2012)
Source: www.bailii.org
Poppy burning teenager meets forces personnel in lieu of criminal charges – The Guardian
“A teenager who was arrested after posting a picture of a burning poppy on Facebook has escaped charges after meeting serving and former military personnel as part of a restorative justice programme.”
The Guardian, 20th December 2012
Source: www.guardian.co.uk
Four men jailed for murder of 17-year-old boy – The Guardian
“Four men have been jailed for life for killing a 17-year-old boy who was chased out of a birthday party by attackers carrying champagne and brandy bottles.”
The Guardian, 20th December 2012
Source: www.guardian.co.uk
Nagging wife given an ASBO after keeping neighbours awake for three years – Daily Telegraph
“A nagging wife has been given an ASBO after keeping neighbours awake for three
years with her constant quibbling.”
Daily Telegraph, 20th December 2012
Source: www.telegraph.co.uk
Neon Roberts’s mother refused time to seek alternative tumour treatments – The Guardian
“A mother involved in a legal battle to prevent her seven-year-old son from having radiotherapy to treat a brain tumour has been refused more time to seek alternative treatments.”
The Guardian, 20th December 2012
Source: www.guardian.co.uk
Chagos Islanders forced into exile left ‘dumbstruck’ by court ruling – The Guardian
“Exiled Chagos Islanders living in Britain and Mauritius have said they are ‘dumbstruck’ by a European court ruling that it has no jurisdiction to examine their forced expulsion by the British government in the 1960s”
The Guardian, 20th December 2012
Source: www.guardian.co.uk
MoD pays out £14m compensation to Iraqis over torture claims – Daily Telegraph
“The Ministry of Defence last night confirmed it had paid out £14m in
compensation to more than 200 Iraqis who claimed that British forces detainedthem illegally and tortured them.”
Daily Telegraph, 21st December 2012
Source: www.telegraph.co.uk
Man spared jail after punching son’s headmistress – Daily Telegraph
“A father who punched a primary school headmistress when she suspended his son
for swearing and racially abusing another pupil was spared jail yesterday.”
Daily Telegraph, 21st December 2012
Source: www.telegraph.co.uk
Gordon Dyche trial: Sentence upheld for Llyn Clywedog crash that killed family – BBC News
“A motorist jailed for causing the deaths of a family by careless driving at a
lake in Powys has been told his four-year sentence was fair.”
BBC News, 20th December 2012
Source: www.bbc.co.uk
Law relaxed on digital copying – BBC News
“Making digital copies of music, films and other copyrighted material for
personal use is to be made legal for the first time under government plans.”
BBC News, 20th December 2012
Source: www.bbc.co.uk
Government to pay legal fees for families of Hillsborough victims – Daily Telegraph
“The Government will fund legal representation for the families of the 96 Liverpool fans killed in the Hillsborough disaster at the new inquest ordered into their deaths.”
Daily Telegraph, 20th December 2012
Source: www.telegraph.co.uk