E v English Province of Our Lady of Charity and another – WLR Daily
E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204
“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily
“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
Compass-Datenbank GmbH v Republik Österreich – WLR Daily
Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202
“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily
Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201
“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”
WLR Daily, 11th July 2012
Source: www.iclr.co.uk
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council – WLR Daily
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31; [2012] WLR (D) 200
“The procedure by which a mineral site was listed by a local planning authority, pursuant to its statutory duty to review old planning permissions for mineral working, was administrative and preliminary in nature and the extent of the site listed was not definitively determined at that stage.”
WLR Daily, 11th July 2012
Source: www.iclr.co.uk
Regina v A (B) – WLR Daily
Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199
“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”
WLR Daily, 11th July 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Cruikshank, R. v [2012] EWCA Crim 1519 (03 July 2012)
Court of Appeal (Civil Division)
Leach v The Office of Communications (OFCOM) [2012] EWCA Civ 959 (13 July 2012)
SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940 (13 July 2012)
Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (13 July 2012)
Adedoyin v Secretary of State for the Home Department [2012] EWCA Civ 939 (13 July 2012)
Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960 (13 July 2012)
High Court (Queen’s Bench Division)
Tilbrook v Parr [2012] EWHC 1946 (QB) (13 July 2012)
Barnes v Black Horse Ltd [2012] EWHC 1950 (QB) (14 June 2012)
High Court (Family Division)
B v B [2012] EWHC 1924 (Fam) (13 July 2012)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Squibb Group Ltd v Vertase FLI Ltd [2012] EWHC 1958 (TCC) (10 July 2012)
Beck Interiors Ltd v Classic Decorative Finishing Ltd [2012] EWHC 1956 (TCC) (12 July 2012)
J B Leadbitter & Co Ltd v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC) (17 April 2012)
High Court (Patents Court)
Schenck Rotec GmbH v Universal Balancing Limited [2012] EWHC 1920 (Pat) (12 July 2012)
Source: www.bailii.org
Employment tribunal fees branded a disgrace by unions – The Guardian
“The government announced on Friday the introduction of a fee of up to £1,200 for taking claims to an employment tribunal.”
The Guardian, 13th July 2012
Source: www.guardian.co.uk
MoJ told to deliver fight plan in Supreme Court battle over judicial pensions – The Lawyer
“The Ministry of Justice (MoJ) must devise a successful objective justification defence if it is to defeat a discrimination claim being pursued against it by a part-time judge, the Supreme Court has said.”
The Lawyer, 13th July 2012
Source: www.thelawyer.com
Reviewing legal education: hell of a job – The Guardian
“Chair of diversity for legal education and training review calls for affirmative action to boost social mobility in law.”
The Guardian, 13th July 2012
Source: www.guardian.co.uk
Stansted hijacker wins Home Office challenge – The Independent
“An Iraqi man arrested at Stansted Airport after taking part in the hijack of an airliner today won the latest round of a 16-year fight to stay in the UK.”
The Independent, 13th July 2012
Source: www.independent.co.uk
John Terry found not guilty of racially abusing Anton Ferdinand – The Guardian
“The former England captain John Terry has been cleared of racially abusing fellow footballer Anton Ferdinand in a no-blame verdict that ruled the incident could have been down to a misunderstanding.”
The Guardian, 13th July 2012
Source: www.guardian.co.uk
Clare’s Law trial to begin – Daily Telegraph
“Women entering into a relationship will get the power to ask the police if their new boyfriend has a history of domestic violence from Monday.”
Daily Telegraph, 15th July 2012
Source: www.telegraph.co.uk
Secret court proposals threaten habeas corpus safeguards, charity warns – The Guardian
“Suspects could be detained in prison without knowing the reasons if the ancient writ of habeas corpus is trumped by government plans for secret courts, according to civil liberties campaigners.”
The Guardian, 13th July 2012
Source: www.guardian.co.uk
Changes to the Immigration (European Economic Area) Regulations 2006 – UK Border Agency
“On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.
The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.”
UK Border Agency, 13th July 2012
Source: www.ukba.homeoffice.gov.uk
Longer prison sentences are not the way to cut crime – The Guardian
“Contrary to the claims of Civitas, prison is not the right place to rehabilitate the vast majority of offenders.”
The Guardian, 16th July 2012
Source: www.guardian.co.uk
Nursery worker who sexually assaulted two boys is jailed for eight years – The Guardian
“A nursery worker who sexually assaulted two young boys and was found with almost 18,000 ‘vile’ images of children has been jailed for eight years.”
The Guardian, 13th July 2012
Source: www.guardian.co.uk
Criminal Justice Minister Nick Herbert says justice ‘must be swift, sure and seen to be done, or it’s not done at all’ – The Independent
“The criminal justice system can be opaque, impenetrable, too concerned with defendants and too little concerned about victims, Nick Herbert said today (13 July).”
The Independent, 13th July 2012
Source: www.independent.co.uk
Carer found guilty of murdering elderly man in hammer attack – The Guardian
“A carer who ‘brutally’ beat an elderly man to death in a hammer attack after he changed his will to leave her a £340,000 legacy has been convicted of murder.”
The Guardian, 13th July 2012
Source: www.guardian.co.uk
