Unduly lenient sentence cases referred to the Court of Appeal for 2011 – Attorney General’s Office
“The Attorney General’s Office has today released its unduly lenient sentence statistics for 2011. 117 sentences, from 78 cases, were referred to the Court of Appeal by the Law Officers. The Court considered 97 of them were unduly lenient (83%) and 94 sentences were increased (80% of the 117 referred).”
Attorney General’s Office, 5th July 2012
Source: www.attorneygeneral.gov.uk
Related link: Judicial response to the publication of the Attorney General’s unduly lenient referral statistics
Lessons to be learned for cohabitation cases in England, says Lady Hale in Supreme Court Scottish case – Family Law Week
“In Gow v Grant [2012] UKSC 29, a Scottish cohabitation case, heard in the Supreme Court, Barnoness Hale has said that lessons can be learned in England and Wales from the practicability and fairness provided by Scottish legislation.”
Family Law Week, 5th July 2012
Source: www.familylawweek.com
Phillips v News Group Newspapers Ltd and another – WLR Daily
Phillips v News Group Newspapers Ltd and another [2012] UKSC 28 ; [2012] WLR (D) 193
“The privilege against self-incrimination did not entitle a private investigator to refuse to comply with an order in civil proceedings requiring him to disclose the identity of those who had instructed him to intercept mobile phone voicemail messages containing confidential information of a commercial nature.”
WLR Daily, 4th July 2012
Source: www.iclr.co.uk
Usedsoft GmbH v Oracle International Corp – WLR Daily
Usedsoft GmbH v Oracle International Corp (Case C-128/11); [2012] WLR (D) 192
“Article 4(2) of Parliament and Council Directive 2009/24/EC meant that the right of distribution of a copy of a computer program was exhausted if the copyright holder who had authorised, even free of charge, the downloading of that copy from the Internet onto a data carrier had also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he was the proprietor, a right to use that copy for an unlimited period. In the event of the resale of a user licence, the second acquirer of the licence, as well as any subsequent acquirer of it, was able to rely on the exhaustion of the distribution right under article 4(2), and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of article 5(1) and benefit from the right of reproduction provided for in that provision.”
WLR Daily, 3rd July 2012
Source: www.iclr.co.uk
Regina (S) v Secretary of State for Justice Regina (KF) v Same – WLR Daily
“Guidance in prison service instructions as to the approach to be followed by prison governors when exercising their discretion to make deductions from prisoners’ earnings to raise funds to support victims of crime was not unlawful.”
WLR Daily, 3rd July 2012
Source: www.iclr.co.uk
Budéjovický Budvar, národní podnik v Anheuser-Busch Inc – WLR Daily
Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190
“Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other.”
WLR Daily, 3rd July 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Gow v Grant (Scotland) [2012] UKSC 29 (24 May 2012)
Phillips v Mulcaire (Rev 1) [2012] UKSC 28 (24 May 2012)
Court of Appeal (Civil Division)
G1 v Secretary of State for the Home Department [2012] EWCA Civ 867 (04 July 2012)
Daejan Properties Ltd v Campbell [2012] EWCA Civ 875 (19 June 2012)
High Court (Chancery Division)
Ampurius NU Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2012] EWHC 1820 (Ch) (04 July 2012)
Starbucks (UK) Ltd v British Sky Broadcasting Group Plc & Ors [2012] EWHC 1842 (Ch) (29 June 2012)
Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch) (20 June 2012)
High Court (Administrative Court)
S, R (on the application of) v First-Tier Tribunal [2012] EWHC 1815 (Admin) (04 July 2012)
High Court (Technology and Construction Court)
Odedra v Ball [2012] EWHC 1790 (TCC) (4 July 2012)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov & Ors [2012] EWHC 1819 (Comm) (04 July 2012)
High Court (Patents Court)
HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789 (Pat) (04 July 2012)
Source: www.bailii.org
Victims’ families will be asked for views on rape charges linked to murder following Clough campaign – Crown Prosecution Service
Families of victims will be consulted on whether rape charges linked to murder should be prosecuted, the Director of Public Prosecutions, Keir Starmer QC has announced in guidance to prosecutors issued today.
Crown Prosecution Service, 5th July 2012
Source: www.cps.gov.uk
HTC victory over Apple in latest round of patent battle – The Guardian
“Apple lost a key patent battle against smartphone rival HTC in the high court in London today, meaning that the Silicon Valley company cannot ban certain of the Taiwanese firm’s products in Britain.”
The Guardian, 4th July 2012
Source: www.guardian.co.uk
Thousands denied right to independent mental health advocates – The Guardian
“People who are detained under the Mental Health Act, or subject to a community treatment order (CTO) have a legal right to access someone who can stand alongside them and help them speak up; an independent mental health advocate (IMHA).”
The Guardian, 4th July 2012
Source: www.guardian.co.uk
Orphan work usage will have to be paid for under new copyright law, Government says – OUT-LAW.com
“Businesses and public bodies that want to make use of so-called ‘orphan’ works will have to pay to do so under new plans unveiled by the Government.”
OUT-LAW.com, 4th July 2012
Source: www.out-law.com
Acta down, but not out, as Europe votes against controversial treaty – The Guardian
“Anti-piracy agreement rejected by European Parliament, but Acta could be revived by European Commission.”
The Guardian, 4th July 2012
Source: www.guardian.co.uk
Judge bans reporting of divorce finances to save ’embarrassment’ – Daily Telegraph
“A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.”
Daily Telegraph, 5th July 2012
Source: www.telegraph.co.uk
DPP changing policy on murder and rape cases – BBC News
“Cases of rape linked to murder should be prosecuted rather than being left on file, the Director of Public Prosecutions (DPP) is set to announce.”
BBC News, 5th July 2012
Source: www.bbc.co.uk
Ali Dizaei granted second appeal against conviction – The Guardian
“The saga surrounding the former police chief Ali Dizaei has taken another astonishing turn after he was given permission for a second time to challenge his conviction for corruption.”
The Guardian, 4th July 2012
Source: www.guardian.co.uk
‘Psycopath’ killer gets 35 years for bludgeoning pensioner – The Independent
“A self-confessed ‘psychopath’ was today jailed for life with a minimum term of 35 years after he was found guilty of bludgeoning a pensioner to death with a hammer.”
The Independent, 4th July 2012
Source: www.independent.co.uk
Courts unprepared for Olympics, warns top solicitor – The Guardian
“A leading solicitor has expressed concern that London courts are ‘creaking’ and may not be able to cope with the additional pressures that arise during the Olympics – when some courts will be holding fewer sittings.”
The Guardian, 4th July 2012
Source: www.guardian.co.uk
A culture of disbelief – LegalVoice
“Lawyers who deal with asylum claims are likely to be thin on the ground as a result of the legal aid cuts and the consequences for women asylum-seekers, in particular, will be ‘catastrophic’, charities have warned – writes Elizabeth Davidson.”
LegalVoice, 4th July 2012
Source: www.legalvoice.org.uk
