BAILII: Recent Decisions

Posted June 28th, 2012 in law reports by sally

Supreme Court

Fairclough Homes Ltd v Summers [2012] UKSC 26 (27 June 2012)

Oracle America Inc (Formerly Sun Microsystems Inc) v M- Tech Data Ltd [2012] UKSC 27 (27 June 2012)

Court of Appeal (Civil Division)

McKillen v Maybourne Finance Ltd & Anor [2012] EWCA Civ 864 (27 June 2012)

Yukos Capital SARL v OJSC Rosneft Oil Company [2012] EWCA Civ 855 (27 June 2012)

Hall v Harris & Ors [2012] EWCA Civ 840 (27 June 2012)

High Court (Queen’s Bench Division)

Metroline Travel Ltd & Ors v Unite the Union [2012] EWHC 1778 (QB) (27 June 2012)

High Court (Chancery Division)

Hussain v Salam [2012] EWHC 1760 (Ch) (26 June 2012)

High Court (Admiralty Division)

Fish & Fish Ltd v Sea Shepherd UK & Anor [2012] EWHC 1717 (Admlty) (25 June 2012)

Source: www.bailii.org

“Cautious rebalancing” of terrorism laws in favour of liberty should continue, says independent reviewer – UK Human Rights Blog

Posted June 28th, 2012 in news, reports, terrorism by sally

“The Independent Reviewer of Terrorism Legislation has released his report into the operation of terrorism law in 2011. The press release is here.”

Full story

UK Human Rights Blog, 28th June 2012

Source: www.ukhumanrightsblog.com

Family bar chief calls for divorce law reform – Law Society’s Gazette

Posted June 28th, 2012 in divorce, matrimonial home, news, prenuptial agreements by sally

“Divorce laws should be reformed to provide a default regime for the division of assets when relationships break down, the chief of the family bar has suggested.”

Full story

Law Society’s Gazette, 28th June 2012

Source: www.lawgazette.co.uk

Libel reform campaigners demand better public interest defence – The Guardian

Posted June 28th, 2012 in bills, defamation, freedom of expression, news, public interest by sally

“Past defendants of libel claims, including Simon Singh and Ben Goldacre, say proposed changes would not have helped them.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

The National Archives is recruiting volunteers to update the statute book – Law Society’s Gazette

Posted June 28th, 2012 in archives, legislation, news by sally

“Ignorance of the law is, notoriously, no excuse. But the individual citizen has never had access to a free, up-to-date account of what the law is on any particular topic. Acts of parliament can be consulted in public libraries (if there are any left) but a printed copy is only the starting point: many acts do not specify a commencement date and the legislation, as passed, cannot tell you whether it has been subsequently amended or repealed.”

Full story

Law Society’s Gazette, 28th June 2012

Source: www.lawgazette.co.uk

Appeal court quash SAS fantasy murder conviction after 18 years – The Guardian

Posted June 28th, 2012 in appeals, diminished responsibility, mental health, murder, news by sally

“Jamie Petrolini’s conviction for the 1994 murder of Mohamed el-Sayed overturned on grounds of diminished responsibility.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

Racist Chelsea fan given 5 year match ban after filming himself yelling abuse – Daily Telegraph

Posted June 28th, 2012 in alcohol abuse, drug offences, news, racism, sentencing, sport by sally

“A racist Chelsea FC fan who was caught after he filmed himself yelling abuse has been handed a five year match ban.”

Full story

Daily Telegraph, 28th June 2012

Source: www.telegraph.co.uk

Beck Row caravan site murders: Man found guilty – BBC News

Posted June 28th, 2012 in murder, news, sentencing, travellers by sally

“A ‘merciless’ killer who gunned down two men in execution-style murders has been jailed for life with a minimum term of 35 years.”

Full story

BBC News, 27th June 2012

Source: www.bbc.co.uk

Terrorism laws ‘messy and applied excessively’ warns legal reviewer – The Guardian

Posted June 28th, 2012 in legislation, news, reports, terrorism by sally

“Some suspects arrested under terror laws should be released on bail, the independent reviewer on terrorism legislation has proposed.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

Automatic bar on net porn considered – BBC News

Posted June 28th, 2012 in children, consultations, internet, news, pornography by sally

“The government is to consider putting extra pressure on computer users to filter out pornography when setting up internet accounts.”

Full story

BBC News, 28th June 2012

Source: www.bbc.co.uk

Proposed new law would make it harder for insurers to avoid contracts – OUT-LAW.com

Posted June 28th, 2012 in consultations, contracts, insurance, news by sally

“Proposed changes to insurance law for businesses could make it harder for insurers to avoid contracts where a company does not disclose “every material circumstance” when taking out a policy.”

Full story

OUT-LAW.com, 27th June 2012

Source: www.out-law.com

Defendants with learning difficulties ‘need help to get fair trial’ – The Guardian

Posted June 28th, 2012 in learning difficulties, news, reports, trials by sally

“Greater support needs to be given to vulnerable defendants in order for them to get a fair trial, particularly those with learning difficulties who may have problems understanding the process, a report by the Prison Reform Trust (PRT) has warned.”

Full story

The Guardian, 28th June 2012

Source: www.guardian.co.uk

Libel reform comes around less often than Halley’s comet. Let’s get it right – The Guardian

Posted June 27th, 2012 in defamation, freedom of expression, news, public interest by sally

“The defamation bill will do little to stop corporations suing individuals and should include a public interest defence.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

Insurer loses Supreme Court appeal over fraudulent injuries claim – The Independent

Posted June 27th, 2012 in fraud, news, personal injuries, Supreme Court by sally

“Insurers have lost a Supreme Court appeal to overturn a damages payout to a man who fraudulently exaggerated his personal injuries claim.”

Full story

The Independent, 27th June 2012

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 27th, 2012 in legislation by sally

The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012

The National Health Service (Clinical Commissioning Groups) Regulations 2012

The Gambling Act 2005 (Amendment of Schedule 6) Order 2012

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2012

Source: www.legislation.gov.uk

White-Collar Crime – BBC Law in Action

Posted June 27th, 2012 in fraud, news, prosecutions, sentencing by sally

“The government plans to simplify how serious fraud is prosecuted and punished in the UK.”

Listen

BBC Law in Action, 26th June 2012

Source: www.bbc.co.uk

Paul Mahoney is UK frontrunner for human rights court – The Guardian

Posted June 27th, 2012 in courts, human rights, judges, news by sally

“European court of human rights insider leads first ballot in election to appoint UK judge in Strasbourg.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 27th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Saunders v R. [2012] EWCA Crim 1380 (26 June 2012)

High Court (Administrative Court)

Dudley Metropolitan Borough Council, R (on the application of) v Secretary of State for Communities and Local Government [2012] EWHC 1729 (Admin) (25 June 2012)

Omar & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 1737 (Admin) (26 June 2012)

High Court (Family Division)

BCC v FZ & Ors [2012] EWHC 1154 (Fam) (03 April 2012)

High Court (Commercial Court)

Wuhan Guoyu Logistics Group Co Ltd & Ors v Emporiki Bank of Greece SA [2012] EWHC 1715 (Comm) (22 June 2012)

Source: www.bailii.org

Unpaid work schemes breach human rights, claim lawyers – The Guardian

Posted June 27th, 2012 in benefits, employment, forced labour, human rights, news by sally

“Mandatory unpaid government work schemes that last up to six months should be declared illegal because they are a form of forced labour, lawyers acting for the unemployed argued on Tuesday.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk

Regina v Gangar and another – WLR Daily

Posted June 27th, 2012 in appeals, confiscation, fraud, law reports by sally

Regina v Gangar and another [2012] EWCA Crim 1378; [2012] WLR (D) 185

“At the available asset stage of confiscation proceedings involving more than one defendant, a defendant’s partial interest in property was realisable, but had to be limited to his beneficial interest rather than treated as an 100% interest.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk