BAILII: Recent Decisions
High Court (Queen’s Bench Division)
O’Connell v Viridian Housing [2012] EWHC 1389 (QB) (25 May 2012)
Lewis v Commissioner of Police of the Metropolis & Ors [2012] EWHC 1391 (QB) (25 May 2012)
High Court (Chancery Division)
HM Revenue and Customs v The Football League Ltd & Anor [2012] EWHC 1372 (Ch) (25 May 2012)
High Court (Administrative Court)
High Court (Commercial Court)
Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2012] EWHC 1406 (Comm) (25 May 2012)
Source: www.bailii.org
PC who stole £4,000 recovered raid cash jailed – The Independent
“A lonely and debt-ridden police constable stole money seized in police raids and used the force computer to contact women after a relationship ended, a court heard today.”
The Independent, 25th May 2012
Source: www.independent.co.uk
Newport family wins multi-million pound birth error compensation – BBC News
“The family of a nine-year-old girl has won a multi-million pound compensation package for devastating injuries suffered at birth.”
BBC News, 25th May 2012
Source: www.bbc.co.uk
Care Quality Commission: the NHS watchdog – The Guardian
“The body that regulates both NHS and private health and social care services in England is the Care Quality Commission.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
European Court of Human Rights’ respect for democracy: prisoner voting – UK Human Rights Blog
“There has been some discussion on the UK Human Rights Blog about the judgments in the Hirst v UK/Scoppula v Italy cases, the latest of which was given this week. Simply put, the judgments held (taken together) that the UK’s blanket ban on prisoner voting infringed a prisoner’s voting rights; to comply with the Convention, a ban on prisoner voting would have to involve an exercise of discretion. The growing legal discussion has been learned and has dissected the reasons expressed by the ECtHR. However, from the perspective of a non-specialist human rights lawyer, the discussion seems curiously inverted. It is suggested that the non-lawyer would naturally start an analysis of the competing views not by analysing the caselaw of the ECtHR and asking what room to manoeuvre the latest judgment gives the UK government, but by asking what the court had to say about the recent expression of the will of the people, expressed in the vote in Parliament, which supported the continuation of the ban. It is important for lawyers to address these more general issues for the public to maintain confidence in the system of European human rights law.”
UK Human Rights Blog, 25th May 2012
Source: www.ukhumanrightsblog.com
Millionaire’s daughter jailed for acting as a driver in London riots – The Independent
“A millionaire’s daughter was jailed for two years yesterday after she acted as the driver for a group of armed looters who pillaged shops and robbed people at knifepoint during last summer’s riots.”
The Independent, 26th May 2012
Source: www.independent.co.uk
Detention centre failures contributed to death of asylum seeker, inquest finds – The Guardian
“Neglect by immigration detention centre staff contributed to the death of a Pakistani asylum seeker after he suffered a heart attack, an inquest jury has found.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
Employers can restrict what pay increases count towards an employee’s pension, court rules – OUT-LAW.com
“Employers are entitled to offer pay increases on the condition that all or part of that increase does not count towards an employee’s future pension entitlement, the High Court has ruled.”
OUT-LAW.com, 25th May 2012
Source: www.out-law.com
Gangmaster licensing plan prompts exploitation fears – BBC News
“Fruit pickers, shellfish gatherers and farm labourers could be at greater risk of exploitation under plans to reduce regulation of gangmasters, unions say.”
BBC News, 25th May 2012
Source: www.bbc.co.uk
Litigation funders become big business, enjoying booming market in UK – The Guardian
“Champerty used to be a crime. Now it is known as third-party litigation funding and has developed into an investment industry backed by up to £500m of investor cash looking for lucrative courtroom opportunities.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
Academies’ refusal to admit pupils with special needs prompts legal battles – The Guardian
“Two of the government’s flagship academy schools are facing legal challenges for refusing to admit children with statements of special needs.”
The Guardian, 24th May 2012
Source: www.guardian.co.uk
Ex-soldier jailed for sex attacks – The Independent
” A former soldier who carried out a string of sex attacks has been jailed indefinitely.”
The Independent, 25th May 2012
Source: www.independent.co.uk
Baby Peter social workers lose sacking appeal – BBC News
“Two of Baby Peter’s social workers have lost their appeal against an employment tribunal ruling that they were fairly sacked.”
BBC News, 25th May 2012
Source: www.bbc.co.uk
Woolf calls for restrictions on inquiries – The Lawyer
“Former Lord Chief Justice Lord Woolf has called for the length and cost of public inquiries to be limited.”
The Lawyer, 25th May 2012
Source: www.thelawyer.com
Courting publicity? The Supreme Court’s open door policy – Legal Week
“Three things in particular tend to surprise new visitors to the three-year-old Supreme Court. The first is that there are no secret tunnels to Parliament, which comes as a great disappointment to many school groups. The second is that the Justices sit on the same level as the rest of the court, rather than on a raised platform. And the third is that the best rooms in the house are reserved for the lawyers’ meeting spaces. The latter two point to a very conscious effort by the Law Lords to ensure that the building reflected the new institution’s overall approach, enshrined in the Constitutional Reform Act 2005, of being ‘accessible, fair and efficient’.”
Legal Week, 24th May 2012
Source: www.legalweek.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Greene King Plc v Quisine Restaurants Ltd & Anor [2012] EWCA Civ 698 (24 May 2012)
Hinchcliffe & Anor v Smith & Ors [2012] EWCA Civ 696 (24 May 2012)
Ingosstrakh -Investments v BNP Paribas SA [2012] EWCA Civ 644 (24 May 2012)
Cavenagh v William Evans Ltd [2012] EWCA Civ 697 (24 May 2012)
High Court (Administrative Court)
High Court (Chancery Division)
Maloney v Filtons Ltd & Anor [2012] EWHC 1395 (Ch) (24 May 2012)
High Court (Queen’s Bench Division)
Trimingham v Associated Newspapers Ltd [2012] EWHC 1296 (QB) (24 May 2012)
Source: www.bailii.org
Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs) – WLR Daily
“Claims for recovery of unlawfully exacted tax under the principle in Woolwich Equitable Building Society v Inland Revenue Comrs [1993] AC 70 (‘the Woolwich principle’) were not limited to those cases where there had been an actual demand by the revenue for payment, but applied generally in all cases where there had been a payment in response to an apparent statutory requirement to pay tax, which was not lawfully due.”
WLR Daily, 23rd May 2012
Source: www.iclr.co.uk
Attorney General’s Reference (Nos 11 and 12 of 2012) – WLR daily
Attorney General’s Reference (Nos 11 and 12 of 2012): [2012] EWCA Crim 1119; [2012] WLR (D) 160
“When sentencing for rape of a person under 13, under section 5 of the Sexual Offences Act 2003, the judge in assessing seriousness had to analyse the circumstances of the offence and consider the deterrent element in sentencing for sexual offences committed against young children, taking into account the fact that exploitative behaviour might be as serious as submission obtained by force, the ages of the offender and victim, and the starting point for such consideration was on page 25 of the Sentencing Guidelines Council guideline Sexual Offences Act 2003 (2007).”
WLR Daily, 23rd May 2012
Source: www.iclr.co.uk
