BAILII: Recent Decisions

Posted November 27th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)

Court of Appeal (Civil Division)

Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1504 (23 November 2012)

High Court (Queen’s Bench Division)

Nemeti & Ors v Sabre Insurance Company Ltd [2012] EWHC 3355 (QB) (23 November 2012)

High Court (Chancery Division)

TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)

Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)

High Court (Technology and Construction Court)

Fairstar Heavy Transport NV v Adkins [2012] EWHC 3294 (TCC) (23 November 2012)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd & Ors [2012] EWHC 3318 (Pat) (23 November 2012)

High Court (Commercial Court)

Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

Source: www.bailii.org

Family Mediation – The option of first resort for separating couples? – Family Law Week

Posted November 27th, 2012 in arbitration, civil procedure rules, dispute resolution, divorce, families, news by sally

“Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.”

Full story

Family Law Week, 26th November 2012

Source: www.familylawweek.co.uk

Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange

Posted November 27th, 2012 in appeals, hearsay evidence, judgments, news by sally

“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”

Full story

Halsbury’s Law Exchange, 26th November 2012

Source: www.halsburyslawexchange.co.uk

Secret Courts remixed: any better than the original? – UK Human Rights Blog

Posted November 27th, 2012 in bills, closed material, human rights, news, private hearings by sally

“This coming Wednesday sees the end of the first stage of the Justice and Security Bill’s passage into law. The Bill which would introduce Closed Material Procedures (CMP) – where one side of a case is excluded with his legal team and represented by a security cleared special advocate in cases involving national security – has become widely known as the Secret Courts Bill. Its progress has been closely scrutinised in this blog over the past six months.”

Full story

UK Human Rights Blog, 26th November 2012

Source: www.ukhumanrightsblog.com

Dead soldier’s fiancée wins right to paternity test – The Independent

Posted November 27th, 2012 in armed forces, DNA, news, paternity by sally

“A teenage mother has won the right to have her dead fiancé’s DNA tested to prove that he fathered their child before he was killed on military service in Afghanistan.”

Full story

The Independent, 27th November 2012

Source: www.independent.co.uk

Do the new stalking laws show we are taking this crime seriously? – The Guardian

Posted November 27th, 2012 in bills, crime, harassment, news, stalking by sally

“All too often victims of stalking are not believed or their fears are brushed off – which in turn makes them less likely to come forward.”

Full story

The Guardian, 26th November 2012

Source: www.guardian.co.uk

Criminal compensation – claims for minor injuries cut – BBC News

Posted November 27th, 2012 in compensation, criminal injuries compensation, news, victims by sally

“Violent crime victims who suffer minor injuries will not get compensation under changes which have come into effect in England, Wales and Scotland.”

Full story

BBC News, 27th November 2012

Source: www.bbc.co.uk

College of Law to become the UK’s first for-profit university – OUT-LAW.com

Posted November 27th, 2012 in education, legal education, news, universities by sally

“The privately-owned College of Law has been granted university status and will be renamed ‘The University of Law’, it has announced.”

Full story

OUT-LAW.com, 26th November 2012

Source: www.out-law.com

Judge considers his verdict in women’s legal action over undercover officers – The Guardian

“Judge is considering whether the case of the women who say they were duped into forming long-lasting sexual relationships with undercover officers should be heard in High Court.”

Full story

The Guardian, 26th November 2012

Source: www.guardian.co.uk

Army culture trains people to ‘keep their mouths shut’ over abuse, judge fears – Daily Telegraph

Posted November 26th, 2012 in armed forces, bullying, complaints, news, sexual offences by sally

“Military staff have been accused of turning a blind eye to bullying after a teenage recruit was sexually assaulted, a judge said today as he warned of a worrying culture of training people to ‘keep their mouths shut’.”

Full story

Daily Telegraph, 26th November 2012

Source: www.telegraph.co.uk

YouView is sued over YourView naming dispute – BBC News

Posted November 26th, 2012 in injunctions, internet, news, telecommunications, trade marks, trade names by sally

“UK internet TV provider YouView has been sued for trademark infringement in a dispute over the product’s name.”

Full story

BBC News, 26th November 2012

Source: www.bbc.co.uk

Christopher Jefferies: ‘I have had no letter of apology’ – The Guardian

“The retired teacher speaks out about his vilification by the press after his wrongful arrest for the murder of Joanna Yeates.”

Full story

The Guardian, 24th November 2012

Source: www.guardian.co.uk

Classifieds

Posted November 26th, 2012 in news by sally

Recently added:

If you are interested in placing an advertisement for a chambers’ vacancy on the Current Awareness blog please email us at classifieds@innertemplelibrary.com

Tough action on stalking – Home Office

“Victims will have extra protection as stalking becomes a specific criminal offence for the first time.”

Full story

Home Office, 26th November 2012

Source: www.homeoffice.gov.uk

In re Press Association – WLR Daily

In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343

“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012

Source: www.iclr.co.uk

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo – WLR Daily

Posted November 26th, 2012 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo (Case C-116/11); [2012] WLR (D) 340

“On the proper interpretation of Council Regulation (EC) No 1346/2000, it was for the national law of the member state in which insolvency proceedings had been opened to determine at which moment the closure of those proceedings occurred. Where proceedings had a protective purpose, it was permissible to open secondary insolvency proceedings in the member state in which the debtor had an establishment. The court before which an application to have secondary insolvency proceedings opened had been made, could not examine the insolvency of a debtor against which main proceedings had been opened in another member state, even where the latter proceedings had a protective purpose.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily

Posted November 26th, 2012 in contribution, EC law, law reports, pensions, sex discrimination by sally

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another (Case C-385/11); [2012] WLR (D) 339

“Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security precluded legislation of a member state which required a proportionally greater contribution period from part-time workers, the vast majority of whom were women, than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Domestic violence accounts for 10% of emergency calls, data shows – The Guardian

Posted November 26th, 2012 in domestic violence, emergency services, news, police, statistics by sally

“One in 10 emergency calls to police are categorised as domestic violence related, rising in some areas to a fifth of all 999 alerts.”

Full story

The Guardian, 24th November 2012

Source: www.guardian.co.uk