BAILII: Recent Decisions

Posted February 8th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Stott v Thomas Cook Tour Operators Ltd & Anor [2012] EWCA Civ 66 (07 February 2012)

AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012)

Martin v JRC Commercial Mortgages Plc [2012] EWCA Civ 63 (07 February 2012)

High Court (Administrative Court)

Zakrzewski v District Court In Torun, Poland & Anor [2012] EWHC 173 (Admin) (07 February 2012)

Levinge v Health Professions Council [2012] EWHC 135 (Admin) (07 February 2012)

Asefa, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 56 (Admin) (31 January 2012)

Source: www.bailii.org

Contempt laws are still valid in the internet age – The Guardian

Posted February 8th, 2012 in contempt of court, freedom of expression, internet, media, news by sally

“Social media undoubtedly poses a challenge for enforcement, but the Contempt of Court Act is a sound piece of legislation.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk

Indefinite detention: not very British – UK Human Rights Blog

Posted February 8th, 2012 in bail, deportation, habeas corpus, human rights, immigration, news, torture by sally

“‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome that has attracted media ire is not one that has much to do with the Human Rights Act at all. The decision to release Abu Qatada on bail is one such example.”

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UK Human Rights Blog, 8th February 2012

Source: www.ukhumanrightsblog.com

Children: Private Law Update – Family Law Week

Posted February 8th, 2012 in families, news, parental responsibility, parental rights, surrogacy by sally

“Alex Verdan QC reviews the most significant of the latest judgments in private law Children applications.”

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Family Law Week, 7th February 2012

Source: www.familylawweek.co.uk

Blind man’s care funding case raises profound issues, supreme court told – The Guardian

Posted February 8th, 2012 in budgets, community care, disabled persons, judiciary, local government, news by sally

“A blind man’s care funding battle with a local authority raises ‘important and profound’ issues for disabled people, the supreme court has been told.”

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The Guardian, 7th February 2012

Source: www.guardian.co.uk

List of specialist regulatory advocates in health and safety and environmental law and appointment of Standing Counsel (Unified List) – The Bar Council

“In November, it was announced that the Attorney General had agreed that the Unified List in its current form should draw to a close and that new arrangements would be taken forward by individual departments rather than under the auspices of the Attorney General’s office. On 31 March 2012 the Attorney General’s Unified List of Prosecuting Advocates will come to an end. The Health and Safety Executive, Environment Agency and Office of Rail Regulation wish to appoint a list of advocates to conduct their higher court prosecution work and other regulatory advocacy. HSE and ORR also each wish to appoint two Standing Counsel.”

Full story

The Bar Council, 8th February 2012

Source: www.barcouncil.org.uk

Times contempt challenge thrown out in Strasbourg – UK Human Rights Blog

“The European Court of Human Rights has rejected as ‘inadmissible’ Times Newspaper’s challenge to its 2009 conviction for contempt of court. The decision, which was made by six judges, is a good example of an early stage ‘strike-out’ by the Court which is nonetheless a substantial, reasoned decision (see our posts on the ‘UK loses 3 out of 4 cases at the court’ controversy).”

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UK Human Rights Blog, 8th February 2012

Source: www.ukhumanrightsblog.com

Legal ruling could see introduction of airline ‘fat tax’ – Daily Telegraph

Posted February 8th, 2012 in airlines, disability discrimination, news, obesity by sally

“A court ruling could pave the way for the introduction of a ‘fat tax’ for obese fliers, a leading barrister has claimed.”

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Daily Telegraph, 7th February 2012

Source: www.telegraph.co.uk

Levi Bellfield seeks leave to appeal against Milly Dowler murder conviction – The Guardian

Posted February 8th, 2012 in appeals, kidnapping, murder, news by sally

“Levi Bellfield is due to seek permission to appeal against his conviction for the kidnap and murder of Milly Dowler.”

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The Guardian, 8th February 2012

Source: www.guardian.co.uk

Case by case: how can we make it better? – The Guardian

Posted February 8th, 2012 in news, Supreme Court by sally

“Last week Guardian Law launched one of our biggest projects to date – an interactive timeline that tracks the development of the supreme court (the UK’s, not the other one) from 1399 until the present. It’s an ongoing project, which will be updated as cases are decided and law lords come and go, and will soon incorporate video footage too.”

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The Guardian, 7th February 2012

Source: www.guardian.co.uk

Pensioner launches High Court bid to stop NHS ‘privatisation’ – Daily Telegraph

Posted February 8th, 2012 in community care, judicial review, news by sally

“A pensioner who lives in a care home launches a High Court bid today (Wednesday) to stop his local health authority from handing an £80 million-a-year contract to a private body.”

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Daily Telegraph, 8th February 2012

Source: www.telegraph.co.uk

Twitter joke case reaches high court – The Guardian

“A Doncaster man who said on Twitter that he would blow up a snowbound airport if it was not reopened in time for him to fly to see his girlfriend will appeal to the high court in London on Wednesday to overturn a criminal conviction for menacing use of a public communication system.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk

Abu Qatada: attorney general says government must follow rule of law – The Guardian

Posted February 7th, 2012 in bail, detention, news, rule of law, terrorism by sally

“The attorney general, Dominic Grieve, has voiced his concern over a decision to release the radical Muslim cleric Abu Qatada on bail but added that courts could not allow people to be held in indefinite detention without trial.”

Full story

The Guardian, 7th February 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted February 7th, 2012 in parliamentary papers by sally

The Government Response to the Family Justice Review: A system with children and families at its heart, Cm 8273 (PDF)

Source: www.official-documents.gov.uk

BAILII: Recent Decisions

Posted February 7th, 2012 in law reports by sally

High Court (Chancery Division)

Primacom Holding GmbH & Anor v A Group of the Senior Lenders & Credit Agricole [2012] EWHC 164 (Ch) (20 January 2012)

High Court (Administrative Court)

Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012)

High Court (Commercial Court)

Senex Holdings Ltd v National Westminster Bank Plc [2012] EWHC 131 (Comm) (06 February 2012)

Source: www.bailii.org

Joey Barton ‘no threat’ to John Terry trial says Attorney General – The Independent

Posted February 7th, 2012 in internet, news, trials by sally

“Attorney General Dominic Grieve has defended his decision not to prosecute footballer Joey Barton for a series of online comments about John Terry ahead of his trial, insisting they would not jeopardise the case.”

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The Independent, 7th February 2012

Source: www.independent.co.uk

Bar Council and FLBA Urge Care on Family Justice Reforms – The Bar Council

Posted February 7th, 2012 in arbitration, family courts, news by sally

“The Bar Council and Family Law Bar Association (FLBA), which represent barristers and family barristers in England and Wales respectively, have urged the Government to take a considered and practical approach to reforming family law and not to rush to legislate, as it published its response to the Family Justice Review.”

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The Bar Council, 6th February 2012

Source: www.barcouncil.org.uk

Let the deportation fit the crime – UK Human Rights Blog

Posted February 7th, 2012 in appeals, crime, deportation, human rights, news, proportionality by sally

“In a short but fascinating judgment which lays bare the foundation stones of judicial review, the Court of Appeal has articulated the principles to be applied when considering whether automatic deportation of a foreign criminal was ‘proportionate’ for the purposes of Article 8 of the Convention.”

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UK Human Rights Blog, 6th February 2012

Source: www.ukhumanrightsblog.com

Clarifying the law on financial provision for couples when relationships end – Law Commission

Posted February 7th, 2012 in divorce, financial provision, Law Commission, news by sally

“The Law Commission is to conduct a targeted review of two aspects of the law that entitles married couples and civil partners to claim financial provision from one another on divorce or dissolution of their partnership.”

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Law Commission, 6th February 2012

Source: www.justice.gov.uk

Retired police officer wins injury pension ruling – The Guardian

Posted February 7th, 2012 in news, pensions, personal injuries, police by sally

“Police authorities may have to find tens of millions of pounds extra to fund their pension liabilities after a retired inspector won a landmark legal challenge preserving his income.”

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The Guardian, 6th February 2012

Source: www.guardian.co.uk