BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Swift v Secretary of State for Justice [2012] EWHC 2000 (QB) (18 July 2012)
Vava & Ors v Anglo American South Africa Ltd [2012] EWHC 1969 (QB) (16 July 2012)
Source: www.bailii.org
International Leisure Ltd and another v First National Trustee Co UK Ltd and others – WLR Daily
“The rule against reflective loss and the extent to which a shareholder could sue for loss primarily suffered by and primarily belonging to a company did not extend to loss suffered by holders of a debenture.”
WLR Daily, 16th July 2012
Source: www.iclr.co.uk
Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same – WLR Daily
“A claimant affected by, but not party to, a country guidance determination which was under appeal to the Court of Appeal was not entitled to an automatic stay of removal pending the outcome of the appeal. It was in the court’s discretion to grant a stay, but the court should not stay removal pending the decision of the Court of Appeal unless the claimant had adduced a clear and coherent body of evidence that the findings of the tribunal were in error.”
WLR Daily, 13th July 2012
Source: www.iclr.co.uk
Adedoyin v Secretary of State for the Home Department – WLR Daily
Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939; [2012] WLR (D) 206
“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”
WLR Daily, 13th July 2012
Source: www.iclr.co.uk
Leach v Office of Communications – WLR Daily
Leach v Office of Communications: [2012] EWCA Civ 959; [2012] WLR (D) 205
“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”
WLR Daily, 13th July 2012
Source: www.iclr.co.uk
Supply and Appropriation (Main Estimates) Act 2012 – legislation.gov.uk
Supply and Appropriation (Main Estimates) Act 2012 published
Source: www.legislation.gov.uk
Command Papers – official-documents.gov.uk
Insanity and Automatism – Law Commission
“The Defences of Insanity and Automatism – Law Commissioner Professor David Ormerod says, ‘To produce meaningful reform proposals and be confident they will work in practice we need evidence of their current use and any problems they pose. Our scoping paper asks questions to provide that information.’ ”
Law Commission, 18th July 2012
Source: www.lawcommission.justice.gov.uk
‘Olympic’ dance fraudster sentenced for deception – Crown Prosecution Service
“A Northamptonshire man has been sentenced to two years in prison for a scam that led 75 local children to believe they would be dancing at the closing ceremony at the Olympic Games – described by CPS East Midlands Senior Crown Prosecutor Ben Samples as ‘callous and deceitful’.”
Crown Prosecution Service, 17th July 2012
Source: www.cps.gov.uk
Don’t believe everything you read: there is a case for socio-economic rights – UK Human Rights Blog
“Last week, a number of media commentators, politicians and others sought to subvert the second consultation of the Bill of Rights Commission. This consultation invites views on a number of key issues that form part of the Commission’s mandate. In the Daily Mail’s correspondent’s view, the Commission has committed an appalling transgression by asking potential respondents whether the UK Bill of Rights should include additional rights, referring amongst other things to socio-economic rights. This is echoed by the Sun which argues that the Commission has ‘suggested’ (which it clearly has not) that ‘all Brits be given handouts as a birth right’, and the Daily Express which suggests ‘Spongers can Sue to Claim Benefits’.”
UK Human Rights Blog, 17th July 2012
Source: www.ukhumanrightsblog.com
Government confirms “slightly lower than originally proposed” approach to tribunal fees – OUT-LAW.com
“The Government is to press ahead with plans to introduce fees for workers wishing to raise a claim with an employment tribunal from the summer of 2013, it has announced. Those on low incomes can apply for exemption from the proposed fees.”
OUT-LAW.com, 16th July 2012
Source: www.out-law.com
Anti-fracking activists found guilty of trespass – The Guardian
“Three activists were found guilty at Preston magistrates court on Tuesday on charges of aggravated trespass and assault after occupying a fracking rig in a Lancashire protest last year.”
The Guardian, 17th July 2012
Source: www.guardian.co.uk
Serco ordered to improve failing GP service – The Guardian
“Serco, a leading private contractor of public services, is failing to meet legal requirements to provide enough staff, train them properly or monitor their performance in the out-of-hours GP service it runs for the NHS in Cornwall.”
Daily Telegraph, 18th July 2012
Source: www.guardian.co.uk
‘Crank’ admits making explosives in Cheltenham garage – BBC News
“An electrical engineer described by a judge as a ‘crank’ has been jailed for two-and-a-half years after admitting making explosives in a lock-up garage.”
BBC News, 17th July 2012
Source: www.bbc.co.uk
Drink drive actress cleared of drink driving on technicality – Daily Telegraph
“Anna Parker, 50, the wife of actor Nathaniel Parker who plays Inspector Lynley in the BBC crime drama series, was cleared by a judge who told her she had ‘got away with it’ because she had faced the wrong charge.”
Daily Telegraph, 17th July 2012
Source: www.telegraph.co.uk
Hoax caller jailed for sparking national terror alert – Daily Telegraph
“Hoax caller Khadar Mohidin has been jailed for sparking a national terror alert by ringing police and claiming 15 suicide bombers were about to attack London on the day Hillary Clinton was to meet with David Cameron.”
Daily Telegraph, 17th July 2012
Source: www.telegraph.co.uk
Katy Perry and Justin Bieber zit ad campaign banned – The Guardian
“A TV campaign featuring stars including Katy Perry and Justin Bieber promoting a zit cream has been banned by the advertising watchdog.”
The Guardian, 18th July 2012
Source: www.guardian.co.uk
Star and Express criticised for Tesco advert – The Guardian
“The advertising watchdog has criticised the Daily Star and Daily Express for running a front page reader offer of £5 off at Tesco, when the deal was in fact a standard offer available to anyone who shopped at one of the supermarket giant’s stores.”
The Guardian, 18th July 2012
Source: www.guardian.co.uk
Views sought on change of guidelines on consultations – BBC News
“The rules covering consultations on potential government policy changes are being loosened to allow a more ‘proportionate and targeted’ approach.”
BBC News, 17th July 2012
Source: www.bbc.co.uk
