Wandsworth Prison murder: Killers jailed for life – BBC News

Posted November 10th, 2011 in murder, news, prisons, sentencing by sally

“Two men convicted of murdering a man outside a prison in south London have been jailed for life.”

Full story

BBC News, 10th November 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 10th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Drake & Anor v Fripp [2011] EWCA Civ 1282 (03 November 2011)

High Court (Queen’s Bench Division)

Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)

High Court (Administrative Court)

VC & Ors, R (on the application of) v Newcastle City Council [2011] EWHC 2673 (Admin) (24 October 2011)

High Court (Chancery Division)

Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor [2011] EWHC 2892 (Ch) (09 November 2011)

High Court (Family Division)

ML & Anor v RW & Anor [2011] EWHC 2455 (Fam) (29 July 2011)

AR v AR [2011] EWHC 2717 (Fam) (11 August 2011)

London Borough of Tower Hamlets v BB & Ors [2011] EWHC 2853 (Fam) (31 August 2011)

Source: www.bailii.org

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted November 10th, 2011 in landlord & tenant, law reports, leases, Supreme Court by sally

Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322

“An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Jones v Kernott – WLR Daily

Posted November 10th, 2011 in cohabitation, law reports, mortgages, Supreme Court by sally

Jones v Kernott [2011] UKSC 53; [2011] WLR (D) 321

“When a cohabiting couple bought a family home in their joint names and were both responsible for the mortgage, but without any express declaration as to their beneficial interests, the starting point was that equity followed the law so that the presumption was that they were joint tenants both in law and in equity. That presumption could be displaced by showing that the parties had a different common intention at the time when they acquired the home or that they later formed a common intention that their respective shares would change. Their common intention was to be deduced objectively from their conduct. If it was clear that the parties did not intend joint tenancy at the outset or had changed their original intention, but it was not possible to ascertain, whether by direct evidence or by inference, what their actual intention was as to the shares in which they owned the property, each was entitled to that share which the court considered fair, having regard to the whole course of the dealing between them in relation to the property.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action – WLR Daily

Posted November 10th, 2011 in appeals, costs, law reports, patents by sally

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action [2011] EWCA Civ 1288; [2011] WLR (D) 320

“The practice in the Patents Court whereby a patentee could discontinue his claim for infringement and consent to the revocation of his patent on terms that he paid the costs of the action up to the date of service of the original defence, with the alleged infringer paying the costs of the action thereafter to the date of discontinuance, was no longer to be followed. It was to be replaced by the general rule in CPR r 38.6 that, unless the court otherwise ordered, a claimant who discontinued was liable to pay the defendant’s costs.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Copple and others v Littlewoods plc and others – WLR Daily

Posted November 10th, 2011 in appeals, equal pay, law reports, pensions, sex discrimination by sally

Copple and others v Littlewoods plc and others [2011] EWCA Civ 1281; [2011] WLR (D) 319

“Where an employer’s pension scheme indirectly discriminated against part-timers on the ground of sex by denying them access to the scheme, a female part-time worker was not entitled to any remedy arising from her exclusion from the scheme if she would not in fact have chosen to join the scheme even if she had been eligible to do so.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Man faces libel allegations over Amazon book review – The Independent

Posted November 10th, 2011 in defamation, litigants in person, news by sally

“A father of three from the West Midlands is set to appear in the High Court tomorrow to defend himself against libel allegations over a book review he wrote on Amazon’s website last year.”

Full story

The Independent, 9th November 2011

Source: www.independent.co.uk

Inmate Kevan Thakrar cleared over prison guards attack – BBC News

“A man serving life for three murders has been cleared over a prison attack in which he stabbed three guards.”

Full story

BBC News, 9th November 2011

Source: www.bbc.co.uk

Legal education review under scrutiny 
as profession awaits first progress report – Legal Week

Posted November 10th, 2011 in legal education, news by sally

“A year after announcing the most comprehensive review of legal education in the UK in decades, the three largest regulators in England and Wales will meet today (10 November) to discuss their progress. The meeting will see the Solicitors Regulation Authority (SRA), the Bar Standards Board (BSB) and the Institute of Legal Executives Professional Standards (IPS) sit down with members of the committee put together after the root-and-branch review was announced in November 2010 to provide a progress report.”

Full story

Legal Week, 10th November 2011

Source: www.legalweek.com

Butt to appeal 30-month jail sentence, says lawyer – The Independent

Posted November 10th, 2011 in appeals, conspiracy, fraud, gambling, news, sentencing by sally

“Former Pakistan captain Salman Butt has filed an appeal against his 30-month jail sentence for his part in the conspiracy to bowl deliberate no-balls in a Test.”

Full story

The Independent, 10th November 2011

Source: www.independent.co.uk

UK borders chief will win constructive dismissal case, Home Office lawyers say – The Guardian

Posted November 10th, 2011 in constructive dismissal, ministers' powers and duties, news, passports, visas by sally

“Home Office lawyers have advised ministers that Brodie Clark, the senior civil servant at the centre of the passport checks row, will win his case for constructive dismissal against Theresa May, the home secretary.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

OFT tells Carcraft vehicle supermarket to improve practices – The Guardian

Posted November 9th, 2011 in consumer protection, news by tracey

“The Office of Fair Trading (OFT) has taken enforcement action against car supermarket group Carcraft after it found the firm was failing to carry out pre-sale vehicle inspections, had refused to repair or replace faulty vehicles, and was not clearly explaining the terms of motor finance policies it sold.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Lawyers call for couples law reform – The Independent

Posted November 9th, 2011 in cohabitation, mortgages, news, Supreme Court by tracey

” Lawyers called today for new legislation on ‘co-habiting couples’ after the UK’s highest court ruled that a man who left his partner nearly 20 years ago was not entitled to half the value of the house they shared.”

Full story

The Independent, 9th November 2011

Source: www.independent.co.uk

Neil Morrissey’s bid for court statement on Daily Mail story is rejected – The Guardian

Posted November 9th, 2011 in defamation, media, news by tracey

“Men Behaving Badly actor Neil Morrissey has had his bid to make a statement in open court about his long-running libel battle with the Daily Mail turned down by a high court judge.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Suffolk policeman Ian Reynolds jailed over child abuse images – BBC News

Posted November 9th, 2011 in indecent photographs of children, news, police, sentencing by tracey

“A Suffolk police constable who viewed indecent images of children has been jailed for nine months.”

Full story

BBC News, 9th November 2011

Source: www.bbc.co.uk

Jonathan Sumption shows a certain naivety – The Guardian

“The supreme court’s newest recruit worries that judges are making policy. But parliament always has the last word.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Court rules on property rights for unmarried couples – The Guardian

Posted November 9th, 2011 in cohabitation, mortgages, news by tracey

“The property rights of millions of unmarried couples who split up have been clarified by a supreme court judgment that has awarded the overwhelming share of a bungalow in Essex to the woman.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Police criticised for contacting innocent protesters over fees march – The Independent

Posted November 9th, 2011 in demonstrations, news, police by tracey

 “Police faced criticism tonight after it emerged that they had contacted any protesters arrested at recent demonstrations, warning them to stay away from any trouble at tomorrow’s march, despite many never having been charged with or convicted of any offence.”

Full story

The Independent, 8th November 2011

Source: www.independent.co.uk

Supreme court appointee says role of British judges is too politicised – The Guardian

“Jonathan Sumption QC believes that UK judiciary is too closely involved in making decisions best left for parliament.”

F.A. Mann Lecture, Lincoln’s Inn,  8th November 2011

Full text of lecture

The Guardian, 9th November 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 9th, 2011 in law reports by tracey

Supreme Court

Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 32 (9 November 2011)

Jones v Kernott [2011] UKSC 53 (9 November 2011)

Court of Appeal (Civil Division)

Cheshire West and Chester Council v P [2011] EWCA Civ 1257 (09 November 2011)

Fresenius Kabi Deutschland GMBH & Ors v Carefusion 303 Inc [2011] EWCA Civ 1288 (08 November 2011)

SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 (08 November 2011)

69 Marina, St Leonards-On-Sea, Freeholders of v Oram & Anor [2011] EWCA Civ 1258 (08 November 2011)

Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 (08 November 2011)

Court of Appeal (Criminal Division)

Hutchings v R. [2011] EWCA Crim 2535 (08 November 2011)

St Regis Paper Company Ltd v R. [2011] EWCA Crim 2527 (04 November 2011)

High Court (Administrative Court)

Cairns, R (on the application of) v HM Deputy Coroner for Inner West London & Ors [2011] EWHC 2890 (Admin) (07 November 2011)

Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts & Anor [2011] EWHC 2986 (Admin) (07 November 2011)

High Court (Chancery Division)

Revenue & Customs v Cozens & Ors [2011] EWHC 2782 (Ch) (08 November 2011)

Wright & Anor v Gater & Ors [2011] EWHC 2881 (Ch) (07 November 2011)

High Court (Commercial Court)

Pacific Basin IHX Ltd v Bulkhandling Handymax AS [2011] EWHC 2862 (Comm) (08 November 2011)

Standard Bank Plc v Al Jaber [2011] EWHC 2866 (Comm) (08 November 2011)

Parbulk Ii A/S v Heritage Maritime Ltd SA [2011] EWHC 2917 (Comm) (08 November 2011)

Porton Capital Technology Funds & Ors v 3M UK Holdings Ltd & Anor [2011] EWHC 2895 (Comm) (07 November 2011)

High Court (Family Division)

A v B [2011] EWHC 2752 (Fam) (01 November 2011)

BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) (27 October 2011)

G v M [2011] EWHC 2651 (Fam) (17 October 2011)

High Court (Queen’s Bench Division)

JGE v The English Province of Our Lady of Charity & Anor [2011] EWHC 2871 (QB) (08 November 2011)

Asiansky Television Plc & Anor v Khanzada & Ors [2011] EWHC 2831 (QB) (04 November 2011)

Crossland v University of Glamorgan [2011] EWHC 2809 (QB) (04 November 2011)

Holmes v Westminster City Council [2011] EWHC 2857 (QB) (03 November 2011)

Howarth v Commissioner of Police of the Metropolis [2011] EWHC 2818 (QB) (03 November 2011)

Source: www.bailii.org