BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Chief Land Registrar v Silkstone & Ors [2011] EWCA Civ 801 (14 July 2011)
TE v Secretary of State for the Home Department [2011] EWCA Civ 811 (14 July 2011)
Barclays Bank Trust Company Ltd v Revenue and Customs [2011] EWCA Civ 810 (14 July 2011)
FM v Secretary of State for the Home Department (Rev 1) [2011] EWCA Civ 807 (14 July 2011)
High Court (Chancery Division)
F&C Alternative Investments (Holdings) Ltd. v Barthelemy & Anor [2011] EWHC 1851 (Ch) (14 July 2011)
Inversiones Frieira SL & Anor v Colyzeo Investors II LP & Anor [2011] EWHC 1762 (Ch) (14 July 2011)
F&C Alternative Investments (Holdings) Ltd v Barthelemy & Anor [2011] EWHC 1731 (Ch) (14 July 2011)
High Court Commercial Court)
PT Thiess Contractors Indonesia v PT Kaltim Prima Coal & Anor [2011] EWHC 1842 (Comm) (14 July 2011)
Glory Wealth Shipping Pte Ltd. v Korea Line Corporation [2011] EWHC 1819 (Comm) (14 July 2011)
High Court (Queen’s Bench Division)
Reliance Globalcom Ltd v OTE International Solutions SA [2011] EWHC 1848 (QB) (15 July 2011)
Source: www.bailii.org
St Prix v Secretary of State for Work and Pensions – WLR Daily
St Prix v Secretary of State for Work and Pensions [2011] EWCA Civ 806; [2011] WLR (D) 226
“A Union citizen who, when within the United Kingdom, ceased to work in circumstances other than those set out in paragraphs (a) to (d) of article 7(3) of the Citizenship Directive was not a ‘worker’ entitled to the relevant ‘right of residence’ for the purposes of article 7(1)(a) of the Directive; and pregnancy had deliberately been excluded from the conditions in which the status of worker was retained despite a cessation of work.”
WLR Daily, 13th July 2011
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2011
The Horserace Betting and Olympic Lottery Act 2004 (Commencement No.5) Order 2011
The Horserace Betting and Olympic Lottery Act 2004 (Appointed Day) Order 2011
The International Tax Enforcement (San Marino) Order 2011
The International Tax Enforcement (Dominica) Order 2011
The International Tax Enforcement (Grenada) Order 2011
The International Tax Enforcement (Belize) Order 2011
The Double Taxation Relief (Qatar) Order 2011
The Egypt (Restrictive Measures) (Overseas Territories) Order 2011
The Syria (Restrictive Measures) (Overseas Territories) Order 2011
The Olympic Route Network Designation (Amendment) Order 2011
Source: www.legislation.gov.uk
Crimes detected in England and Wales 2010/11 – Home Office
“Home Office Statistical Bulletin 11/11 presents police recorded crime statistics on the levels and trends in detections and detection rates in England & Wales for the financial year 2010/11.”
Home Office, 14th July 2011
Source: www.homeoffice.gov.uk
OFT investigates sites that charge for free Government services – OUT-LAW.com
“Companies that set up websites to charge for free Government services could be in breach of consumer protection laws, The Office of Fair Trading (OFT) has said.”
OUT-LAW.com, 14th July 2011
Source: www.out-law.com
Cumbria school bus crash deaths ‘accidental’ – BBC News
“The deaths of two schoolchildren in a crash in Cumbria could have been avoided if they had been wearing seatbelts, a coroner has said.”
BBC News, 14th July 2011
Source: www.bbc.co.uk
Crime statistics for England & Wales: what’s happening to each offence? – The Guardian
“The new figures from the Home Office show there has been a 14% rise in domestic burglaries and a 6% rise in violent crime in the past year, according to the annual British Crime Survey for 2010/11.”
The Guardian, 14th July 2011
Source: www.guardian.co.uk
Judge makes legal history with solo verdict after discharging jury – The Guardian
“A London judge has made legal history by becoming the first to deliver a verdict on her own after discharging a jury. Recorder Caroline English performed the unprecedented role at Wood Green crown court because a friend of the accused was alleged to have been in regular contact with a woman juror and have passed information on voting intentions.”
The Guardian, 14th July 2011
Source: www.guardian.co.uk
Blaggers could be jailed – Nick Clegg – BBC News
“People found guilty of obtaining personal details by deception – known as ‘blagging’ – should be jailed, Deputy PM Nick Clegg has said.”
BBC News, 14th July 2011
Source: www.bbc.co.uk
Shrewsbury murderer Robin Ligus killed another man – BBC News
“A jury has decided a convicted murderer from Shropshire killed another man in the county 17 years ago.”
BBC News, 14th July 2011
Source: www.bbc.co.uk
Cabinet Office warned Gordon Brown phone hacking inquiry open to legal challenge – Daily Telegraph
“The Cabinet Office warned Gordon Brown that an inquiry into phone hacking would be open to legal challenge and could be seen as politically motivated, documents released today show.”
Daily Telegraph, 14th July 2011
Source: www.telegraph.co.uk
Complaints over “rude” judges increase – Daily Telegraph
“Allegations of all kinds were up by a fifth last year signalling the public and court users are increasingly frustrated with the judiciary. A total of 456 complaints about allegedly inappropriate behaviour or comments by a judge or magistrate were made in 2010/11, according to the Officer for Judicial Complaints.”
Daily Telegraph, 14th July 2011
Source: www.telegraph.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)
High Court (Commercial Court)
Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)
High Court (Technology and Construction Court)
Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)
Source: www.bailii.org
ABS timetable in danger of slipping – Law Society’s Gazette
“The Solicitors Regulation Authority may not be ready to license alternative business structures from the target date of 6 October.”
Law Society’s Gazette, 13th July 2011
Source: www.lawgazette.co.uk
Regina v Unah – WLR Daily
Regina v Unah [2011] WLR (D) 225
“Where a defendant sought to rely on the defence of ‘reasonable excuse’ for the purposes of the offence of possessing a false identity document, contrary to section 25(5) of the Identity Cards Act 2006, the fact that the defendant did not know or believe that the document was false was not of itself a reasonable excuse. However, a defendant was entitled to ask the jury to consider objectively whether he had a reasonable excuse for possessing the material, and the fact that he did not know or believe that it was a false document, because of the circumstances in which it had been obtained, might well have a bearing on that question.”
WLR Daily, 12th July 2011
Source: www.iclr.co.uk
Shovelar and others v Lane and others – WLR Daily
Shovelar and others v Lane and others [2011] EWCA Civ 802; [2011] WLR (D) 224
“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”
WLR Daily, 12th July2011
Source: www.iclr.co.uk