BAILII: Recent Decisions

Posted February 16th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v SP (North Korea) & Ors [2012] EWCA Civ 114 (16 February 2012)

Sherdley & Anor v Nordea Life and Pension SA (Societe Anonyme) [2012] EWCA Civ 88 (16 February 2012)

Simcoe v Jacuzzi UK Group Plc [2012] EWCA Civ 137 (16 February 2012)

High Court (Administrative Court)

Cardao-Pito, R (on the application of) v Office of the Independent Adjudicator for Higher Education & Anor [2012] EWHC 203 (Admin) (16 February 2012)

High Court (Chancery Division)

Ford & Anor v Alexander [2012] EWHC 266 (Ch) (16 February 2012)

High Court (Queen’s Bench Division)

Balfour Beatty Engineering Services Ltd v Unite the Union [2012] EWHC 267 (QB) (16 February 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov [2012] EWHC 237 (Comm) (16 February 2012)

Source: www.bailii.org

An open and shut case – The Guardian

Posted February 16th, 2012 in Criminal Cases Review Commission, forensic science, miscarriage of justice, news by sally

“Closing the Forensic Science Service will make miscarriages of justice more likely.”

Full story

The Guardian, 16th February 2012

Source: www.guardian.co.uk

What Rights, Enforced Where? – Hardwicke Chambers

Posted February 16th, 2012 in courts, human rights, news by sally

“Two easy answers are offered by those who object to a rights based approach to legal decision making – repeal the Human Rights Act and remove the right of individual petition to the European Court of Human Rights. Neither of those things will happen. Therefore much effort is being expended on finding more complicated ways to satisfy their concerns.”

Full story

Hardwicke Chambers, 15th February 2012

Source: www.hardwicke.co.uk

Proposed newspaper content licensing fees not wholly ‘reasonable’, Tribunal rules – OUT-LAW.com

Posted February 16th, 2012 in copyright, licensing, media, news, tribunals by sally

“Business customers of online news clippings services will pay a lower fixed price licence to access newspaper content via those providers following an interim ruling by the Copyright Tribunal.”

Full story

OUT-LAW.com, 16th February 2012

Source: www.out-law.com

Sylvester Akapalara murder: Man jailed for 30 years – BBC News

Posted February 16th, 2012 in attempted murder, attempts, firearms, gangs, murder, news, offensive weapons, sentencing by sally

“A gang member who killed a promising young athlete in south-east London has been jailed for a minimum of 30 years.”

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BBC News, 16th February 2012

Source: www.bbc.co.uk

Fourth man cleared of ‘Facebook’ riot charges – The Independent

Posted February 16th, 2012 in incitement, news, violent disorder by sally

“A fourth man has been cleared of encouraging rioting or looting via Facebook during last August’s civil disturbances.”

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The Independent, 16th February 2012

Source: www.independent.co.uk

CIL: what price planning? – Thirty Nine Essex Steet

Posted February 16th, 2012 in local government, news, planning by sally

“In 1947, the Labour Government nationalized land development value. The recent 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, February 2012

Source: www.39essex.com

The Changing Face of School Admissions – Hardwicke Chambers

Posted February 16th, 2012 in news, school admissions by sally

“‘You shouldn’t have to hire a lawyer to navigate the school system.’

With those words in May last year the Secretary of State for Education, the Rt Hon. Michael Gove MP, launched a consultation on a draft new School Admissions Code and a new School Admissions Appeal Code.”

Full story

Hardwicke Chambers, 15th February 2012

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted February 16th, 2012 in law reports by sally

Supreme Court

Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012)

Court of Appeal (Criminal Division)

Chattoo & Ors v R [2012] EWCA Crim 190 (15 February 2012)

High Court (Queen’s Bench Division)

Spelman v Express Newspapers [2012] EWHC 239 (QB) (15 February 2012)

High Court (Family Division)

El Gamal v Al Maktoum [2011] EWHC B27 (Fam) (22 December 2011)

Source: www.bailii.org

Article 8 challenge to enhanced criminal records regime fails at first instance – Robin Hopkins – UK Human Rights Blog

Posted February 16th, 2012 in criminal records, human rights, news by sally

“In July 2002, the Claimant was 11 years old. He received a warning (a private procedure, under the Crime and Disorder Act 1998) from Greater Manchester Police for the theft of two bicycles. His subsequent conduct was apparently exemplary. By section 113B of the Police Act 1997, Enhanced Criminal Record Certificates (ECRCs) must contain all convictions, cautions and warnings.”

Full story

UK Human Rights Blog, 16th February 2012

Source: www.ukhumanrightsblog.com

Police escape charges in 70 per cent of IPCC cases – The Independent

Posted February 16th, 2012 in complaints, disciplinary procedures, news, police, professional conduct, prosecutions by sally

“Prosecutors decided against charging police officers in nearly 70 per cent of the most serious cases of alleged misconduct referred to them by the policing watchdog, according to figures secured under Freedom of Information legislation.”

Full story

The Independent, 16th February 2012

Source: www.independent.co.uk

Firefighter Mark Rutland wins seatbelt court battle – Daily Telegraph

Posted February 16th, 2012 in costs, fines, news, police, road safety by sally

“A fireman was cleared of not wearing a seatbelt after he said a policewoman told him she had to book him because she had targets to hit.”

Full story

Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

RnBXclusive music file sharing site shut down – The Guardian

Posted February 16th, 2012 in copyright, internet, news by sally

“The UK music filesharing site RnBXclusive has been shut down and a man has been arrested amid signs that organised crime officers are cracking down on illegal downloading in Britain.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

The Power of Prayer or the Power to Pray – Hardwicke Chambers

Posted February 16th, 2012 in belief discrimination, Christianity, Church of England, human rights, local government, news by sally

“Bideford Town Council is a parish council in Devon. Each month it holds full council meetings in public. At the start of each meeting there are communal prayers. Prayers are deliberately placed before apologies so that those who do not wish to attend are not marked as absent and can attend after prayers. The prayers are always Christian, led by a Minister from one of the town’s eight Christian Churches. A motion to end prayers was proposed by Mr Bone, a member of the council, and twice defeated, once by 9 votes to 6.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Foreign sex offender finally deported after human rights battle – Daily Telegraph

Posted February 16th, 2012 in deportation, human rights, news, recidivists by sally

“A foreign sex offender, Mohamed Kendeh, who was allowed to remain in the UK to protect his human rights despite attacking 11 women has finally been deported, almost nine years after committing his first offence.”

Full story

Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

Camden council launches legal challenge to HS2 – The Guardian

Posted February 16th, 2012 in housing, judicial review, local government, news, railways by sally

“The ‘great earthquake’ that ‘rent the whole neighbourhood’ was recorded by Charles Dickens in Dombey and Son when a railway first cut through Camden in the early 19th century. Nearly 200 years on, Camden’s residents are stepping up their fight against what they fear will be a smaller, but similar, seismic shock from High Speed 2, the rail scheme given the go-ahead last month.”

Full story

The Guardian, 16th February 2012

Source: www.guardian.co.uk

Stalker Al Amin Dhalla guilty of loaded crossbow charge – BBC News

Posted February 15th, 2012 in arson, harassment, news, offensive weapons, perverting the course of justice, theft by sally

“A former City worker convicted of stalking his former fiancee has been found guilty of possessing a loaded crossbow near her workplace.”

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BBC News, 15th February 2012

Source: www.bbc.co.uk

Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian

Posted February 15th, 2012 in anonymity, appeals, domestic violence, duress, mental health, news, perverting the course of justice, rape by sally

“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

SFO operations to be subject to ‘routine’ inspection – OUT-LAW.com

Posted February 15th, 2012 in Crown Prosecution Service, inquiries, news, Serious Fraud Office, whistleblowers by sally

“The Crown Prosecution Service Inspectorate (CPSI) is to ‘shortly’ begin a review of the operations of the Serious Fraud Office (SFO), a spokesperson for the Government’s top legal advisors has said.”

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OUT-LAW.com, 15th February 2012

Source: www.out-law.com

Does a risk of an explosion engage Article 8? – UK Human Rights Blog

Posted February 15th, 2012 in environmental health, environmental protection, evidence, health & safety, human rights, news by sally

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

Full story

UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com