BAILII: Recent Decisions
Supreme Court
Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61 (12 December 2012)
A (A Child), Re [2012] UKSC 60 (12 December 2012)
X v Mid Sussex Citizens Advice Bureau & Anor [2012] UKSC 59 (12 December 2012)
Court of Appeal (Civil Division)
Novartis AG v Generics (UK) Ltd (t/a Mylan) [2012] EWCA Civ 1623 (12 December 2012)
Cammish v Hughes [2012] EWCA Civ 1655 (12 December 2012)
Davisons Solicitors (a firm) v Nationwide Building Society [2012] EWCA Civ 1626 (12 December 2012)
Alliance Bank JSC v Aquanta Corporation & Ors [2012] EWCA Civ 1588 (12 December 2012)
Brown- Quinn & Anor v Equity Syndicate Management Ltd & Anor [2012] EWCA Civ 1633 (12 December 2012)
AM v Secretary of State for the Home Department [2012] EWCA Civ 1634 (12 December 2012)
High Court (Queen’s Bench)
Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)
High Court (Administrative Court)
High Court (Commercial Court)
Source: www.bailii.org
ASA reprimands PPI text message firm – The Guardian
“Complaints about a company based in India which sent text messages about reclaiming payment protection insurance (PPI) and compensation for accidents have been upheld by the Advertising Standards Authority (ASA).”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
Permanent injunction against anti-vivisection protestors – UK Human Rights Blog
“The High Court has granted a medical testing laboratory a final injunction against anti-vivisectioners protesting outside their premises.”
UK Human Rights Blog, 12th December 2012
Source: www.ukhumanrightsblog.com
Consultation on proposed changes to the Patents Act 1977 – Intellectual Property Office
“The Review of Intellectual Property and Growth published by Professor Hargreaves in 2011 recognised the important role the UK’s patent system plays in supporting innovation and economic growth. However, the review highlighted the need for the IP framework to be more adaptable and recognised a need for change in some aspects of the way the IP system operates. Such changes will ensure the IP system continues to encourage innovation and support those UK businesses which recognise the competitive advantage that can be gained through intellectual property (‘IP’) rights.”
Consultation (PDF)
Intellectual Property Office, December 2012
Source: www.ipo.gov.uk
British agents ‘facilitated the murder’ of Belfast solicitor Pat Finucane during the Troubles – The Independent
“Prime Minister David Cameron said today he was ‘deeply sorry’ for the extent of state collusion in the murder of Belfast solicitor Pat Finucane in 1989 following the publication of an independent review.”
The Independent, 12th December 2012
Source: www.independent.co.uk
Related link: Pat Finucane Report
The Court of Protection is subject to unprecedented scrutiny. But there’s still a long way to go – The Independent
“The Independent’s campaign to gain access to the court that deals with Britain’s most vulnerable has made great strides for open justice. Our reporter explains how.”
The Independent, 12th December 2012
Source: www.independent.co.uk
Ombudsman report reveals the cost of complaint – The Guardian
“Public organisations are wasting resources and causing financial hardship by taking too long to put right basic mistakes, says a new report by parliamentary ombudsman Dame Julie Mellor.”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
Related link: Responsive and Accountable? 2011-12
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Sadighpour v R. [2012] EWCA Crim 2669 (11 December 2012)
Court of Appeal (Civil Division)
Suffolk County Council v Nottinghamshire County Council [2012] EWCA Civ 1640 (11 December 2012)
Singh & Ors v Ahluwalia [2012] EWCA Civ 1635 (11 December 2012)
Phillips & Co (a firm) v Bath Housing Co-Operative Ltd [2012] EWCA Civ 1591 (11 December 2012)
Davies v Davies [2012] EWCA Civ 1641 (11 December 2012)
High Court (Queen’s Bench Division)
Price v Powel & Ors [2012] EWHC 3527 (QB) (11 December 2012)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012
The Value Added Tax (Small Non-Commercial Consignments) Relief (Amendment) Order 2012
The Police (Amendment No. 5) Regulations 2012
The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2012
The Police Pensions (Amendment No. 3) Regulations 2012
The Animals (Scientific Procedures) Act 1986 (Fees) Order 2012
The Regional Strategy for the East of England (Revocation) Order 2012
Source: www.legislation.gov.uk
Leveson warns journalistic standards could slip if bloggers not subject to law – The Guardian
“Lord Justice Leveson has warned that unless criminal and civil law is enforced against bloggers, the quality of journalism in conventional media could deteriorate.”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
Immigration detention casework – poor casework must be addressed – HM Inspectorate of Prisons
“Immigration casework needs to improve so that people aren’t detained for longer than necessary, said Nick Hardwick, Chief Inspector of Prisons, and John Vine, Chief Inspector of Borders and Immigration, publishing the report of a thematic review of immigration detention casework.”
HM Inspectorate of Prisons, 12th December 2012
Source: www.justice.gov.uk
Court of Appeal: Criminal Appeals Heard More Quickly – Judiciary of England and Wales
“The Court of Appeal (Criminal Division) heard appeals against conviction and sentence more quickly last year than in previous years according to the Court’s annual report published today (Tuesday 11 December).”
Judiciary of England and Wales, 11th December 2012
Source: www.judiciary.gov.uk
Phillips & Co (a firm) v Bath Housing Co-operative Ltd – WLR Daily
Phillips & Co (a firm) v Bath Housing Co-operative Ltd [2012] EWCA Civ 1591; [2012] WLR (D) 372
“A solicitors’ claim for costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt or other liquidated pecuniary claim’ in section 29(5)(a) of the Limitation Act 1980.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
Whiplash crackdown – Ministry of Justice
“New measures to bring down the number and cost of whiplash claims, including speculative and fraudulent applications has been announced today [11th December].”
Ministry of Justice, 11th December 2012
Source: www.justice.gov.uk
David Cameron hints at change of heart in secret courts policy – The Guardian
“The government could be preparing to back down over whether judges or ministers should have the final say on legal evidence being heard in secret.”
The Guardian, 11th December 2012
Source: www.guardian.co.uk
Changes to stamp duty land tax sub-sale rules will affect commercial transactions, said expert – OUT-LAW.com
“Changes to the stamp duty land tax (SDLT) sub-sale rules announced as part of the draft Finance Bill ‘will introduce complexity and uncertainty into commercial transactions’ said John Christian, a property tax expert at Pinsent Masons, the law firm behind Out-law.com.”
OUT-LAW.com, 11th December 2012
Source: www.out-law.com
Model charity: ‘whatever happens, we’ll carry on, but it won’t be easy’ – The Guardian
“Southampton and Winchester Visitors Group, which supports destitute refugees, may be hit by sweeping legal aid cuts.”
The Guardian, 11th December 2012
Source: www.guardian.co.uk
Unmeritorious appeals ‘clogging the arteries’ of CoA – Law Society’s Gazette
“Increasing numbers of ‘unmeritorious’ appeals could have the effect of ‘clogging the arteries’ of the court of appeal, the registrar of criminal appeals has warned.”
Law Society’s Gazette, 11th December 2012
Source: www.lawgazette.co.uk
Prisons and immigration inspectors demand action on delayed deportations – The Guardian
“More than 40 people facing deportation have been held for longer than two years in prisons and immigration removal centres at a cost to the taxpayer of nearly £40,000 each, official inspectors have revealed.”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
