BAILII: Recent Decisions
Court of Appeal (Criminal Division)
YDG & Anor, R. v [2012] EWCA Crim 2437 (20 November 2012)
Court of Appeal (Civil Division)
C (A child), Re [2012] EWCA Civ 1477 (16 November 2012)
Clearwell International Ltd v MSL Group Holdings Ltd & Ors [2012] EWCA Civ 1440 (16 November 2012)
High Court (Queen’s Bench Division)
Harrogate Borough Council v Crossland & Anor [2012] EWHC 3260 (QB) (20 November 2012)
Joseph & Ors v Spiller & Anor [2012] EWHC 3278 (QB) (20 November 2012)
MXB v East Sussex Hospitals NHS Trust [2012] EWHC 3279 (QB) (20 November 2012)
High Court (Chancery Division)
Howard v Howard – Lawson [2012] EWHC 3258 (Ch) (20 November 2012)
High Court (Administrative Court)
High Court (Commercial Court)
Source: www.bailii.org
Serious Fraud Office inspection report published – Attorney General’s Office
“The Attorney General has today published HM Crown Prosecution Service Inspectorate’s report on the SFO.”
Attorney General’s Office, 20th November 2012
Source: www.attorneygeneral.gov.uk
Plans unveiled for the future regulation of UK private security industry – Home Office
“Plans to make private security businesses across the UK more accountable for quality and standards were unveiled by the government today [20 November].”
Home Office, 20th November 2012
Source: www.homeoffice.gov.uk
Rehabilitation revolution – next steps announced – Ministry of Justice
“A rehabilitation revolution aimed at cutting crime, better educating troubled young people and offering real value to taxpayers was set out by the Secretary of State for Justice today [20 November].”
Ministry of Justice, 20th November 2012
Source: www.justice.gov.uk
No Judgment – No Justice – Lord Neuberger
No Judgment – No Justice (PDF)
Lord Neuberger
The First Annual BAILII Lecture, 20th November 2012
Source: www.supremecourt.gov.uk
Regina (Gujra) v Crown Prosecution Service – WLR Daily
Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330
“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
Gothaer Allgemeine Versicherung AG and others v Samskip GmbH – WLR Daily
Gothaer Allgemeine Versicherung AG and others v Samskip GmbH (Case C-456/11); [2012] WLR (D) 329
“On the proper interpretation of articles 32 and 33 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p 1), the court of a member state in which recognition was sought of a judgment by which a court of another member state had declined jurisdiction on the basis of a jurisdiction clause was bound by the finding—declaring the action inadmissible—regarding the validity of that judgment.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
Regina (Irfan) v Secretary of State for the Home Department – WLR Daily
Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328
“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
Fewer than a quarter of infringers would be put off by internet access suspension threat, Ofcom report says – OUT-LAW.com
“Fewer than one in four UK internet users that engaged in copyright infringing activity during a three month period earlier this year said they would be put off from repeating the offence if they knew they would receive a letter to tell them that their internet access was to be suspended as a result of the behaviour, according to a new study commissioned by Ofcom.”
OUT-LAW.com, 20th November 2012
Source: www.out-law.com
Jailed SAS sniper Danny Nightingale to lodge appeal over sentence – The Guardian
“An SAS veteran of Iraq and Afghanistan will lodge an appeal on Wednesday against a decision to jail him for possessing a pistol and live ammunition at his home in Britain.”
The Guardian, 20th November 2012
Source: www.guardian.co.uk
‘Brutal’ double killer James Allen jailed for 37 years – The Independent
A robber who killed twice while on the run was jailed for at least 37 years today after he was convicted of two counts of murder.
The Independent, 20th November 2012
Source: www.independent.co.uk
Judges ruling on whole-life case – BBC News
“Five leading judges are to rule on appeals by four convicted criminals against their whole-life tariffs.”
BBC News, 21st November 2012
Source: www.bbc.co.uk
So, Lord Sumption says to be patient – we’ll have a diverse bench … in 2062 – The Guardian
“If talking publicly about judicial diversity really is ‘the fastest way to make enemies’ then Lord Sumption’s decision to deliver some ‘home truths’ on the topic last week was a brave one. It was also welcome. As anyone who has looked hard at judicial diversity over the past few years knows, a representative bench is much further away than the received wisdom suggests.”
The Guardian, 20th November 2012
Source: www.guardian.co.uk
Government threatens to legislate if voluntary consumer data access standards are not adhered to by mobile, energy and financial services firms – OUT-LAW.com
“Financial services, mobile telecoms and energy companies will be compelled by law to provide consumers with data they hold about their transactions or consumption in an ‘electronic, machine readable’ format, upon request, if they do not do so voluntarily, the Government has said.”
OUT-LAW.com, 20th November 2012
Source: www.out-law.com
Thousands of children sexually exploited each year, inquiry says – The Guardian
“Thousands of children are raped and abused each year, with many more cases going unreported by victims and unrecorded by the authorities, according to an official study presented as the most comprehensive inquiry to date of the scale and prevalence of child sexual exploitation in England.”
The Guardian, 21st November 2012
Source: www.guardian.co.uk
Media in a spin: how the Leveson Inquiry will affect privacy law – Legal Week
“Will the Leveson Inquiry make a difference to press regulation in the UK? And where will the high-profile probe into media standards leave privacy law? Richard Lloyd assesses the results of the latest Legal Week Benchmarker, in association with Mishcon de Reya.”
Legal Week, 21st November 2012
Source: www.legalweek.com
Hannah Windsor murder: Boyfriend Adam Lewis jailed – BBC News
“An 18-year-old who murdered his girlfriend in a ‘sexual and sadistic’ killing has been jailed for life.”
BBC News, 20th November 2012
Source: www.bbc.co.uk
‘I can’t intervene in SAS sniper case,’ attorney general tells defence secretary – The Guardian
“The attorney general has said it would be inappropriate for him to intervene in the case of a jailed SAS soldier, after a request by the defence secretary for him to review the conviction.”
The Guardian, 20th November 2012
Source: www.guardian.co.uk
Nazir Afzal: how the CPS plans to bring more child abusers to justice – The Guardian
“The north-west head of the Crown Prosecution Service talks about bringing the Rochdale child sex ring before the courts/”
The Guardian, 21st November 2012
Source: www.guardian.co.uk
