BAILII: Recent Decisions
Supreme Court
Varma, R. v [2012] UKSC 42 (10 October 2012)
Day & Anor v Hosebay Ltd [2012] UKSC 41 (10 October 2012)
Court of Appeal (Civil Division)
Simmons v Castle [2012] EWCA Civ 1288 (10 October 2012)
Tinkler & Anor v Elliott [2012] EWCA Civ 1289 (10 October 2012)
SB v A Local Authority & Ors [2012] EWCA Civ 1269 (10 October 2012)
Medimmune Ltd v Novartis Pharmaceuticals UK Ltd [2012] EWCA Civ 1234 (10 October 2012)
High Court (Queen’s Bench Division)
John v Times Newspapers Ltd. [2012] EWHC 2751 (QB) (10 October 2012)
High Court (Family Division)
KH (A child), Re [2012] EWHC B18 (Fam) (05 October 2012)
Source: www.bailii.org
More on more on damages – NearlyLegal
“As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages was revisited after representations by the ABI and APIL.”
NearlyLegal, 11th October 2012
Source: www.nearlylegal.co.uk
SFO removes preference for civil settlement from Bribery Act self-reporting guidance – OUT-LAW.com
“Businesses that ‘self-report’ illegal acts of bribery to the Serious Fraud Office (SFO) could still face prosecution in cases where there is a ‘reasonable prospect of conviction’ and if it is ‘in the public interest’ to do so, the SFO has said.”
OUT-LAW.com, 11th October 2012
Source: www.out-law.com
GCSE English marking faces high court challenge – The Guardian
“The GCSE English fiasco that meant thousands of teenagers missed out on C grades this year faces a high court challenge, it was announced on Wednesday.”
The Guardian, 11th October 2012
Source: www.guardian.co.uk
Abuse in care homes: corporate liability – Halsbury’s Law Exchange
“It has been reported that three healthcare assistants have been charged with wilful neglect and ill treatment of patients following an investigation into the alleged abuse of elderly patients at Whipps Cross Hospital in north London.”
Halsbury’s Law Exchange, 10th October 2012
Source: www.halsburyslawexchange.co.uk
Cimade v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration – WLR Daily
“A member state in receipt of an application for asylum was obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9/EC even where it decided, under Council Regulation (EC) No 343/2003, to call upon another member state, as the member state responsible for examining the application for asylum, to take charge of or take back that applicant. This obligation ceased when that same applicant was actually transferred by the requesting member state, and the financial burden of granting those minimum conditions was to be assumed by that requesting member state, which was subject to that obligation.”
WLR Daily, 27th September 2012
Source: www.iclr.co.uk
Gore v Stannard (trading as Wyvern Tyres) – WLR Daily
Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266
“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”
WLR Daily, 4th October 2012
Source: www.iclr.co.uk
In re G (Children: Religious upbringing) – WLR Daily
In re G (Children: Religious upbringing) [2012] EWCA Civ 1233; [2012] WLR (D) 265
“In a case in which a marriage had irretrievably broken down, and the parents were unable to agree as to the precise religious nature of their children’s future education, care was required in looking to the welfare of the children and weighing up the relevant factors.”
WLR Daily, 4th October 2012
Source: www.iclr.co.uk
Flexible courts to open in dozens of areas – Ministry of Justice
“Thousands more people will benefit from flexible courts, Criminal Justice Minister Damian Green said today as he unveiled a list of dozens of new pilot areas.”
Ministry of Justice, 11th October 2012
Source: www.justice.gov.uk
Parts of evidence against Abu Qatada are ‘a bit thin’, says judge – The Guardian
“Parts of the evidence against the terrorist suspect Abu Qatada are ‘a bit thin’, according to the judge considering his deportation to face trial in Jordan.”
The Guardian, 10th October 2012
Source: www.guardian.co.uk
In the name of God: ultra-orthodox Jewish education not in children’s best interest, rules Court of Appeal – UK Human Rights Blog
“What is happiness? If you thought this most philosophical inquiry was beyond the remit of the judicial system then you should read this case.”
UK Human Rights Blog, 11th October 2012
Source: www.ukhumanrightsblog.com
R v Varma – headnotes – The Guardian
“Courts have the power to make confiscation orders where an offender is absolutely or conditionally discharged.”
The Guardian, 10th October 2012
Source: www.guardian.co.uk
New film for victims and witnesses – Sentencing Council
“The Sentencing Council has launched a short animated film for victims and witnesses of crime explaining how sentencing works and the types of sentence offenders can get. As well as being available to view online, it will also be used by Victim Support’s Witness Service volunteers at courts when they are helping victims and witnesses.”
Sentencing Council, 10th October 2012
Charity served with monetary penalty notice – Panopticon
“Today (10 October), the Commissioner served – for the first time – a monetary penalty notice on a charity. The charity in question, Norwood Ravenswood Ltd, is a social care charity. One of its social workers had attempted to deliver to the home of prospective adopters certain background reports containing highly confidential sensitive personal data on four young children. Finding the couple out, and unable to fit the package through the letterbox, the social worker left the package in a concealed area at the side of the house. When the prospective adopters returned home, the package had disappeared. It was never recovered.”
Panopticon, 10th October 2012
Source: www.panopticonblog.com
Member of UK security services granted anonymity in sexual assault trial – The Guardian
“A member of the British security services has been granted anonymity for a trial in which he is accused of sexually assaulting a female colleague within the intelligence community.”
The Guardian, 10th October 2012
Source: www.guardian.co.uk
‘Swift justice’ pilot schemes unveiled – BBC News
“A substantial increase in the number of flexible criminal justice pilot schemes across England and Wales is to be announced by the government.”
BBC News, 11th October 2012
Source: www.bbc.co.uk
CoA finds for insurers on damages uplift – Law Gazette
“The Court of Appeal has ruled that a 10% uplift on general damages will not apply to cases begun before 1 April on a conditional fee agreement (CFA).”
Law Society’s Gazette, 10th October 2012
Source: www.lawgazette.co.uk
Why did Justin Lee Collins get such a lenient sentence? – The Guardian
“It is hard to reconcile the comedian receiving community service with Matthew Woods facing a 12 weeks custodial sentence.”
The Guardian, 10th October 2012
Source: www.guardian.co.uk
Shrewsbury 24 case: Heath government discussed prosecution of union pickets – The Guardian
“Documents released by the National Archives could be key factor in quashing 40-year-old convictions.”
The Guardian, 11th October 2012
Source: www.guardian.co.uk
