Current Awareness

Regina v C(S) – WLR Daily

Posted January 25th, 2012 in conspiracy, law reports, locus standi, retrials by sally

Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5

“At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when deciding whether they were sure that the defendant had conspired with a conspirator who had pleaded guilty.”

WLR Daily, 19th January 2012

Source: www.iclr.co.uk

Alstom Transport v Eurostar International Ltd – WLR Daily

Posted January 25th, 2012 in contracts, EC law, law reports, public procurement, state aids, transport by sally

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4

“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Terrorism control order system ends at midnight – BBC News

Posted January 25th, 2012 in control orders, news, terrorism, terrorism prevention & investigation measures by sally

“The control order regime restricting the freedoms of terrorism suspects is being abolished from midnight.”

Full story

BBC News, 25th January 2012

Source: www.bbc.co.uk

David Cameron calls for reform of European court of human rights – The Guardian

Posted January 25th, 2012 in human rights, news by sally

“David Cameron is to warn that the European court of human rights is in danger of turning into a ‘small claims court’ that fails to deal with serious violations of human rights, unless it embarks on reforms.”

Full story

The Guardian, 25th January 2012

Source: www.guardian.co.uk

Care Quality Commission puts gagging orders on six employees – The Guardian

Posted January 25th, 2012 in complaints, confidentiality, employment, news, non-disclosure agreements, public interest, whistleblowers by sally

“A health watchdog with responsibility for protecting NHS whistleblowers has asked at least six employees to sign confidentiality agreements that stop them from criticising the organisation publicly.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Polling station law ‘must be changed before 2015’ – BBC News

Posted January 25th, 2012 in ballots, elections, news by sally

“The law should be changed before the next general election to allow anyone queuing at the ballot box when polls close to vote, a report says.”

Full story

BBC News, 25th January 2012

Source: www.bbc.co.uk

Surrey Police to face IPCC over NOTW involvement in Dowler case – The Independent

Posted January 25th, 2012 in inquiries, interception, media, murder, news, police by sally

“The unanswered questions in Surrey Police’s handling of the investigation and subsequent murder inquiry of Milly Dowler in 2002, and the force’s close contact with journalists from the News of World, is to be investigated by the police’s internal watchdog authority, the IPCC.”

Full story

The Independent, 25th January 2012

Source: www.independent.co.uk

Government warned over secret hearings – The Guardian

Posted January 25th, 2012 in closed material, evidence, human rights, intelligence services, news, trials by sally

“The expansion of secret hearings into the civil courts, proposed by the government as a means of protecting national security, will deprive individuals of the right to a fair trial, a parliamentary select committee has been warned.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Jones, R v [2011] EWCA Crim 3179 (16 December 2011)

Court of Appeal (Civil Division)

Mortgage Express v Butcher & Anor [2012] EWCA Civ 18 (24 January 2012)

Cook v The Mortgage Business Plc [2012] EWCA Civ 17 (24 January 2012)

WHG (International) Ltd & Ors v 32 Red Plc [2012] EWCA Civ 19 (24 January 2012)

High Court (Family Division)

Galloway v Goldstein [2012] EWHC 60 (Fam) (16 January 2012)

NLW v ARC [2012] EWHC 55 (Fam) (13 January 2012)

High Court (Commercial Court)

International Energy Group Ltd v Zurich Insurance Plc UK [2012] EWHC 69 (Comm) (24 January 2012)

Source: www.bailii.org

Corruption self-reporters not disadvantaged by own investigative restrictions, SFO says – OUT-LAW.com

Posted January 24th, 2012 in bribery, corruption, fraud, news, Serious Fraud Office by sally

“The Serious Fraud Office (SFO) may formally investigate alleged corruption at firms that self-report the activity but will be mindful not to harm the company’s reputation, the head of the organisation has said.”

Full story

OUT-LAW.com, 24th January 2012

Source: www.out-law.com

Council spent £70,000 fighting judicial review of library closures – The Guardian

Posted January 24th, 2012 in costs, judicial review, libraries, local government, news by sally

“A council that had its library restructuring plans quashed in the high court spent more than £70,000 fighting the judicial review.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Landlords could become liable for tenants’ unpaid water bills under Government plans – OUT-LAW.com

Posted January 24th, 2012 in consultations, landlord & tenant, news, water by sally

“Landlords could become liable for their tenants’ unpaid water bills if they fail to supply the details of those tenants to the water company, the Government has said.”

Full story

OUT-LAW.com, 24th January 2012

Source: www.out-law.com

Leveson urged to ensure libel law reform is not delayed – The Guardian

Posted January 24th, 2012 in bills, defamation, inquiries, media, news by sally

“Lord Justice Leveson has been urged to do what he could to ensure reform to libel laws is not delayed because of his inquiry into press ethics.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Ex-husband to pay £6 million legal bill in acrimonious divorce – Daily Telegraph

Posted January 24th, 2012 in costs, divorce, news by sally

“A business tycoon is facing up to £6m in lawyers’ bills after an epic million court struggle during which he was ordered to pay a total of £15 million to his ex-wife.”

Full story

Daily Telegraph, 24th January 2012

Source: www.telegraph.co.uk

Man jailed over police chase in stolen ambulance – The Guardian

Posted January 24th, 2012 in drunk in charge, insurance, news, sentencing, theft by sally

“A man who led police on a high-speed chase after stealing an ambulance response car to get home after a New Year’s Eve party has been jailed for nine months.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Signed, executed and all that! – New Square Chambers

Posted January 24th, 2012 in appeals, documents, enfranchisement, leases, news by sally

“The decision of the Court of Appeal in Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] 1 WLR 2750 (CA) highlighted the strict requirements of s 36A of the Companies Act 1985 (and hence the similarly-worded ss 43-47 of the Companies Act 2006 now in force) about companies signing and executing documents. The decision concerns a claim for leasehold enfranchisement, but is of wider importance and is a reminder, assuming that any is required, that statutory notices are very much all or nothing.”

Full story (PDF) see p. 4

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Command Papers – official-documents.gov.uk

Posted January 24th, 2012 in parliamentary papers by sally

Memorandum to the Northern Ireland Affairs Committee, Cm. 8258 (PDF)

Source: www.official-documents.gov.uk

UK seizes its moment to reform European court of human rights – The Guardian

Posted January 24th, 2012 in constitutional reform, courts, human rights, news by sally

“Judging by the media fury stoked up over the case of the Islamic cleric Abu Qatada and the ‘meddling’ judges of Strasbourg, the United Kingdom’s departure from the European court of human rights (ECHR) might appear imminent.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk