Winterbourne View: Care workers jailed for abuse – BBC News
“Six out of 11 care workers who admitted a total of 38 charges of neglect or abuse of patients at a private hospital have been jailed.”
BBC News, 26th October 2012
Source: www.bbc.co.uk
English GCSE: Legal action launched by schools and councils – BBC News
“A group of head teachers and councils has launched legal action against the exam regulator Ofqual and two exam boards over June’s English GCSE exam.”
BBC News, 26th October 2012
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
BCL Old Co Ltd & Ors v BASF Plc & Ors [2012] UKSC 45 (24 October 2012)
Birmingham City Council v Abdulla & Ors [2012] UKSC 47 (24 October 2012)
Rubin & Anor v Eurofinance SA & Ors [2012] UKSC 46 (24 October 2012)
Court of Appeal (Civil Division)
Donovan v London Borough of Barking & Dagenham [2012] EWCA Civ 1375 (26 October 2012)
Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)
The Trade Mark Licensing Co Ltd & Anor v Leofelis SA & Ors [2012] EWCA Civ 1366 (26 October 2012)
Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1384 (26 October 2012)
F (Child) [2012] EWCA Civ 1364 (24 October 2012)
Bexhill UK Ltd v Razzaq [2012] EWCA Civ 1376 (24 October 2012)
Court of Appeal (Criminal Division)
Semaj, R v [2012] EWCA Crim 2239 (24 October 2012)
High Court (Administrative Court)
High Court (Chancery Division)
Bank of Ireland (UK) Plc v Colliers International UK Plc [2012] EWHC 2942 (Ch) (24 October 2012)
High Court (Commercial Court)
L v R [2012] EWHC 2894 (Comm) (24 October 2012)
High Court (Queen’s Bench Division)
Joseph & Ors v Spiller & Anor [2012] EWHC 2958 (QB) (26 October 2012)
McCann & Anor v Bennett [2012] EWHC 2876 (QB) (24 October 2012)
High Court ( (Technology and Construction Court)
ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC) (24 October 2012)
Middle Level Commissioners v Atkins Ltd [2012] EWHC 2884 (TCC) (24 October 2012)
Source: www.bailii.org
Regina (Badger Trust) v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily
“Section 10(2)(a) of the Protection of Badgers Act 1992 empowered the Secretary of State for the Environment, Food and Rural Affairs to proceed with a policy involving a grant of licences, whereby farmers and landowners, in areas said to be the worst affected by bovine tuberculosis in England, would be allowed to carry out controlled culling of badgers.”
WLR Daily, 11th September 2012
Source: www.iclr.co.uk
Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others – WLR Daily
“The court had jurisdiction under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 to give permission retrospectively to institute legal proceedings against a company in administration.”
WLR daily, 24th October 2012
Source: www.iclr.co.uk
Rintisch v Eder – WLR Daily
Rintisch v Eder: C-553/11; [2012] WLR (D) 289
“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”
WLR Daily, 25th October 2012
Source: www.iclr.co.uk
Regina (George) v Secretary of State for the Home Department – WLR Daily
“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”
WLR Daily, 23rd October 2012
Source: www.iclr.co.uk
Mohan v Secretary of State for the Home Department – WLR Daily
Mohan v Secretary of State for the Home Department: [2012] EWCA Civ 1363; [2012] WLR (D) 291
“The Court of Appeal adopted and endorsed guidance given by the Upper Tribunal (Immigration and Asylum Chamber) on the approach to be taken where the automatic deportation procedure under section 32 of the UK Borders Act 2007 arose in the context of a claim under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which was also under consideration in family proceedings.”
WLR Daily, 23rd October 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Public Bodies (Abolition of the Commission for Rural Communities) Order 2012
The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2012
The Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012
The Network Rail (North Doncaster Chord) Order 2012
The Police (Conduct) Regulations 2012
The Police (Performance) Regulations 2012
The Police Appeals Tribunals Rules 2012
The Inspectors of Education, Children’s Services and Skills Order 2012
The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012
The Child Support Maintenance Calculation Regulations 2012
Source: www.legislation.gov.uk
The Coroner System in the 21st Century – Speech by His Honour Judge Peter Thornton QC, Chief Coroner
“The Coroner system in the 21st Century – Chief Coroner Speech at Howard League dinner – 25 October 2012.”
Judiciary of England and Wales, 25th October 2012
Source: www.judiciary.gov.uk
Home Secretary Speech to ACPO Autumn Conference – Home Office
“Speech by the home secretary on 23 October 2012.”
Home Office, 25th October 2012
Source: www.homeoffice.gov.uk
New powers to spread the cost of drink fuelled crime – Home Office
“New powers to help pay the nation’s £11bn a year bill for alcohol-related crime and disorder come into effect next week. The measures will give local authorities the opportunity to ensure those selling alcohol help pay towards the costs of cleaning up and policing the effects of excessive drinking in towns and cities across the country, as well as restrict the sale of alcohol in the early hours.”
Home Office, 24th October 2012
Source: www.homeoffice.gov.uk
Recall of prisoner on home curfew did not breach right to liberty – UK Human Rights Blog
“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”
UK Human Rights Blog, 25th October 2012
Source: www.ukhumanrightsblog.com
OFT sets out details of its new power to suspend consumer credit licenses – OUT-LAW.com
“Consumer watchdog the Office of Fair Trading (OFT) has set out details of how it intends to use a new power which will allow it to suspend the licenses of rogue lenders with immediate effect in some circumstances.”
OUT-LAW.com, 24th October 2012
Source: www.out-law.com
Challenges to EIA screening directions could undergo judicial review – OUT-LAW.com
“The Court of Appeal could be asked to carry out a judicial review of a Secretary of State decision on a screening direction for an environmental impact assessment (EIA) and to apply a lower threshold of reasonableness than ‘Wednesbury’ unreasonableness in its assessment.”
OUT-LAW.com, 24th October 2012
Source: www.out-law.com
Does it matter what I think”? A comparison of the consideration of children’s views in Hague Convention cases and Children Act 1989 proceedings – Family Law Week
“Radhika Handa, barrister, of Coram Chambers compares the court’s consideration of children’s wishes in Hague Convention and Children Act cases, in both private and public law.”
Family Law Week, 26th October 2012
Source: www.familylawweek.co.uk
The Victoria station killing verdict and the perils of applying joint enterprise – The Guardian
“Joint enterprise adds to the risk that the wrong people end up with convictions for murder. Reform of this law is needed.”
The Guardian, 25th October 2012
Source: www.guardian.co.uk
Michael Upson, ex-policeman, sentenced over birds’ eggs – BBC News
“A Suffolk police constable who amassed a collection of 649 rare birds’ eggs has been given a suspended jail term.”
BBC News, 25th October 2012
Source: www.bbc.co.uk
