Daily Mirror publisher faces being sued over alleged phone hacking – The Guardian
“Four civil claims filed at the high court in the first formal move for damages from any company outside News International.”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Elektromotive Group Ltd v Pan [2012] EWHC 2742 (QB) (18 October 2012)
Boyle v MGN Ltd [2012] EWHC 2700 (QB) (09 October 2012)
Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC B19 (QB) (16 October 2012)
High Court (Chancery Division)
Royal Bank Of Scotland Plc v Hicks & Ors [2012] EWHC 2699 (Ch) (22 October 2012)
Taylor v Diamond [2012] EWHC 2900 (Ch) (22 October 2012)
Baroque Investments Ltd v Heis & Ors [2012] EWHC 2886 (Ch) (22 October 2012)
High Court (Administrative Court)
High Court (Commercial Court)
PEC Ltd v Asia Golden Rice Co Ltd [2012] EWHC 846 (Comm) (17 October 2012)
Source: www.bailii.org
CIL: What Price Planning (or, How to Work & Work With the Tax System)? – Thirty Nine Essex Street
“In 1947, the Labour Government nationalized land development value. The outgoing Labour Government nationalized development hope value through its CIL Regulations which came into force in April 2010 just before its May defeat.”
Full story (PDF)
Thirty Nine Essex Street, October 2012
Source: www.39essex.com
Interim Payments and the Seriously Injured Claimant: Somewhere to Live or Down at Eeeles – Zenith Chambers
“Gordon Exall look at the cases and principles relating to interim payments and accommodation in catastrophic injury cases.”
Zenith Chambers, 22nd October 2012
Source: www.zenithchambers.co.uk
Murder committed every ten days by criminal on bail – Daily Telegraph
“A murder is committed by a criminal out on bail every ten days, new statistics have revealed.”
Daily Telegraph, 23rd October 2012
Source: www.telegraph.co.uk
Takeover Panel to review “put up or shut up” rule, according to press reports – OUT-LAW.com
“The Takeover Panel could amend its rule that states that companies must complete acquisitions within 28 days following complaints from would-be buyers, according to press reports.”
OUT-LAW.com, 23rd October 2012
Source: www.out-law.com
Recent Statutory Instruments – legislation.go.uk
The Geneva Conventions Act (Jersey) Order 2012
The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012
The Immigration and Asylum (Jersey) Order 2012
The United Nations Personnel (Isle of Man) Order 2012
The Burma (Restrictive Measures) (Overseas Territories) (Suspension) Order 2012
The Children and Families (Wales) Measure 2010 (Commencement No. 5) Order 2012
The Local Government (Performance Indicators) (Wales) Order 2012
The African Horse Sickness (England) Regulations 2012
The Materials and Articles in Contact with Food (England) Regulations 2012
Source: www.legislation.gov.uk
Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same
“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”
WLR Daily, 19th October 2012
Source: www.iclr.co.uk
Government of the United States of America v Nolan (Case C-583/10) – WLR Daily
Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280
“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
Regina v Williams (Orette) – WLR Daily
Regina v Williams (Orette) [2012] EWCA Crim 2162; [2012] WLR (D) 279
“As a matter of ordinary interpretation, section 1(5) of the Firearms Act 1982 imposed a reverse, legal, burden on a defendant to show that he did not know and had no reason to suspect that the imitation firearm in his possession was readily convertible into a prohibited firearm. That derogation from the presumption of innocence was justified because it was reasonable and proportionate and balanced the importance of what was at stake for the public with the maintenance of the normal rights of the defendant.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
‘Unacceptable force’ used by G4S staff deporting pregnant woman – The Guardian
“A pregnant woman in a wheelchair was tipped up and had her feet held by staff from G4S, the firm behind the Olympics security shambles, as she was forcibly removed from the country. The disclosure comes in the first report into conditions at a new centre designed to hold families facing deportation from the UK.”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
‘What were they thinking?’: Paedophile spared jail went on to rape child – Daily Telegraph
“A senior judge yesterday criticised fellow members of the judiciary after a convicted paedophile who was spared jail advertised himself as a babysitter online and went on to rape a child.”
Daily Telegraph, 23rd October 2012
Source: www.telegraph.co.uk
Hillsborough: new chief coroner hints at inquest role – BBC News
“For more than 700 years, coroners have investigated sudden and unexpected deaths in their own areas of England and Wales without the sort of hierarchy that governs other judicial officers. But last month the first chief coroner started work, with a brief to ensure that coroners are better trained and organised.”
BBC News, 23rd October 2012
Source: www.bbc.co.uk
Chris Grayling puts ‘punishment backing into community sentencing’ – The Guardian
“Tougher community sentences, which almost all include an element of punishment and could see more convicted offenders wearing GPS tags to monitor their location, will be announced on Tuesday.”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
CPO over unoccupied property can be made even when dwelling not ’empty’, says court – OUT-LAW.com
“A local housing authority may make a compulsory purchase order (CPO) over an unoccupied house even where the house is not ’empty’ for the purposes of the empty dwellings management orders (EDMO) regime, a High Court judge has ruled.”
OUT-LAW.com, 22nd October 2012
Source: www.out-law.com
Frankie Boyle wins more than £50,000 libel damages from Daily Mirror – The Guardian
“The comedian Frankie Boyle has been awarded £54,650 in damages after a high court jury found that he had been libelled by the Daily Mirror.”
The Guardian, 22nd October 2012
Source: www.guardian.co.uk
Levi Bellfield contempt fine for Daily Mail and Daily Mirror – BBC News
“Two national newspapers found guilty of contempt of court over their coverage of Levi Bellfield’s conviction for the murder of Milly Dowler have been fined.”
BBC News, 22nd October 2012
Source: www.bbc.co.uk
Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11) – WLR Daily
“Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70/EC, precluded national legislation which completely prohibited periods of service completed by a fixed term worker for a public authority being taken into account in order to determine the length of service of that worker upon his recruitment on a permanent basis by that same authority as a career civil servant under a stabilisation procedure specific to his employment relationship, unless that prohibition was justified on ‘objective grounds’ for the purposes of clause 4(1) and/or (4). The mere fact that the fixed term worker completed those periods of service on the basis of a fixed term employment contract or relationship did not constitute such an objective ground.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
