BAILII: Recent Decisions

Posted April 2nd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Newell, R v [2012] EWCA Crim 650 (30 March 2012)

High Court (Queen’s Bench Division)

Contostavlos v Mendahun [2012] EWHC 850 (QB) (29 March 2012)

High Court (Family Division)

AJ v SJ [2012] EWHC B2 (Fam) (02 March 2012)

A v T [2011] EWHC B28 (Fam) (09 December 2011)

Tower Hamlets v MK & Ors [2012] EWHC 426 (Fam) (02 March 2012)

X v X [2012] EWHC 538 (Fam) (16 March 2012)

High Court (Administrative Court)

Threadneedle Property Investments Ltd & Anor v Southwark Borough Council & Anor [2012] EWHC 855 (Admin) (30 March 2012)

Law Society of England and Wales, R (on the application of) v The Legal Services Commission & Anor [2012] EWHC 794 (Admin) (30 March 2012)

Republic of South Africa v Dewani [2012] EWHC 842 (Admin) (30 March 2012)

High Court (Commercial Court)

Euroption Strategic Fund Ltd v Skandinaviska Enskilda Banken AB [2012] EWHC 749 (Comm) (30 March 2012)

Source: www.bailii.org

Gregg and another v Pigott and others – WLR Daily

Posted April 2nd, 2012 in adoption, human rights, law reports, news, trusts by sally

Gregg and another v Pigott and others [2012] EWHC 732 (Ch); [2012] WLR (D) 104

“The phrase ‘statutory next of kin’ in an English settlement made in 1948 should be construed in such a way as to eliminate discrimination against adopted children by virtue of articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 29th March 2012

Source: www.iclr.co.uk

SAG ELV Slovensko as and others v Úrad pre verejné obstarávanie, (Národná dial’ničná spoločnost’ as intervening) – WLR Daily

Posted April 2nd, 2012 in EC law, law reports, public procurement, tenders, tolls by sally

SAG ELV Slovensko as and others v Úrad pre verejné obstarávanie, (Národná dial’ničná spoločnost’ as intervening) (Case C-599/10); [2012] WLR (D) 103

“A member state was required to make legislative provision that, where a tenderer offered an abnormally low price in the course of a public procurement process pursuant to Directive 2004/18/EC, the contracting authority was obliged, pursuant to article 55 of the Directive, to ask the tenderer in writing to clarify its price proposal.”

WLR Daily, 29th March 2012

Source: www.iclr.co.uk

Businesses could be liable for criminal offences under proposed cyber attack laws

Posted April 2nd, 2012 in computer crime, EC law, internet, news by sally

“Companies will be liable for any cyber attacks that others commit ‘for their benefit’ under legislative plans approved by the European Parliament’s Civil Liberties Committee.”

Full story

OUT-LAW.com, 2nd April 2012

Source: www.out-law.com

Are We Missing a Trick? Section 34 of the Children Act – An under-used application – Family Law Week

Posted April 2nd, 2012 in children, contact orders, families, local government, news by sally

“Julie Stather, barrister, of 42 Bedford Row examines the advantages to child, parents and local authority of using section 34 of the Children Act.”

Full story

Family Law Week, 31st March 2012

Source: www.familylawweek.com

New Pilot To Show Mediation Can Work For The Court Of Appeal – Judiciary of England and Wales

“A new pilot scheme is designed to give a shot in the arm to the Court of Appeal Mediation Scheme (CAMS). It will be managed by CEDR (Centre for Dispute Resolution) which administers CAMS.”

Full story

Judiciary of England and Wales, 30th March 2012

Source: www.judiciary.gov.uk

Michael Mansfield: ‘Risk of miscarriages of justice as great as ever’ – The Guardian

Posted April 2nd, 2012 in evidence, forensic science, legal aid, miscarriage of justice, news by sally

“At the Guardian’s Open Weekend, Michael Mansfield QC warns against imagining that miscarriages of justice are something that have declined since famous confession-based cases of the 1980s. In today’s world, where faulty forensic evidence is more likely to be the problem, he worries about access to justice, pointing the finger at the emasculation of the legal aid system by successive governments and a renewed attempt to erode the right to trial by jury.”

Video

The Guardian, 2nd April 2012

Source: www.guardian.co.uk

Finance & Divorce Spring Update 2012 – Family Law Week

“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.”

Full story

Family Law Week, 30th March 2012

Source: www.familylawweek.com

Copyright exceptions will not deliver anticipated economic growth, licensing bodies say – OUT-LAW.com

Posted April 2nd, 2012 in archives, copyright, libraries, licensing, news by sally

“Writing exceptions to copyright into UK law will not deliver economic growth and would in fact ‘remove the core asset value’ in creators’ content, a number of licensing bodies have said.”

Full story

OUT-LAW.com, 2nd April 2012

Source: www.out-law.com

Kettling: Can a public interest motive justify a deprivation of liberty or not? – UK Human Rights Blog

Posted April 2nd, 2012 in demonstrations, human rights, news, police, public interest, public order by sally

“The Grand Chamber of the ECtHR recently tackled the question of whether the police tactic of ‘kettling’ (verb, UK, of the police – to contain demonstrators in a confined area) amounted to a deprivation of the liberty of four applicants within the meaning of Article 5(1) of the ECHR.”

Full story

UK Human Rights Blog, 2nd April 2012

Source: www.ukhumanrightsblog.com

Two in five violent criminals handed a caution – Daily Telegraph

Posted April 2nd, 2012 in cautions, courts, news, robbery, sexual offences, violent offenders by sally

“Two in five violent criminals and sex offenders are escaping with a caution rather than being put before the courts, figures show.”

Full story

Daily Telegraph, 2nd April 2012

Source: www.telegraph.co.uk

No extradition for Shrien Dewani – for now – UK Human Rights Blog

Posted April 2nd, 2012 in domestic violence, extradition, human rights, mental health, murder, news by sally

“The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health.”

Full story

UK Human Rights Blog, 31st March 2012

Source: www.ukhumanrightsblog.com

Government plans increased email and social network surveillance – The Guardian

Posted April 2nd, 2012 in electronic mail, internet, investigatory powers, news, police, privacy, terrorism by sally

“Ministers are to introduce a new law allowing police and security services to extend their monitoring of the public’s email and social media communications, the Home Office has confirmed.”

Full story

The Guardian, 1st April 2012

Source: www.guardian.co.uk

Courts to open at weekends to mete out justice to yobs – Daily Telegraph

Posted April 2nd, 2012 in courts, drunk and disorderly, magistrates, news, young offenders by sally

“Magistrates’ courts are to be ordered to sit in then early mornings, evenings and at weekends under plans to deliver a ‘short, sharp shock’ to youths who get drunk and commit offences on Friday and Saturday nights.”

Full story

Daily Telegraph, 31st March 2012

Source: www.telegraph.co.uk

Adoption: Ofsted report says courts are biggest cause of delay – BBC News

Posted April 2nd, 2012 in adoption, courts, delay, local government, news, social services by sally

“The most significant cause of delay for children needing adoption in England is the length of time taken by court proceedings, a report by Ofsted says.”

Full story

BBC News, 2nd April 2012

Source: www.bbc.co.uk

Student who abused Fabrice Muamba on Twitter ‘should not have been jailed’ – The Guardian

“Thomas Hammarberg, the European commissioner for human rights, calls Liam Stacey’s 56-day sentence excessive.”

Full story

The Guardian, 1st April 2012

Source: www.guardian.co.uk

Susan England banned from state schools by General Teaching Council – BBC News

Posted March 30th, 2012 in disciplinary procedures, news, professional conduct, teachers, theft by sally

“A former deputy head has been banned from state schools after stealing £13,000 from an after-school club.”

Full story

BBC News, 29th March 2012

Source: www.bbc.co.uk

Police doctor Marcos Hourmann acted dishonestly over conviction, GMC finds – BBC News

“A doctor who failed to tell his police and NHS employers about a manslaughter conviction acted dishonestly, a watchdog has found.”

Full story

BBC News, 30th March 2012

Source: www.bbc.co.uk

Four more UK soldiers disciplined after Afghan civilians killed or injured – The Guardian

Posted March 30th, 2012 in Afghanistan, armed forces, disciplinary procedures, news by sally

“Military commanders have disciplined a further four British soldiers accused of killing or wounding Afghan civilians. The disclosures come at a time of heightened tension after a series of incidents involving foreign troops, and the killing on Monday of two British soldiers by a member of the Afghan security forces. The Guardian has learned that a British soldier was given an unspecified punishment after an Afghan was fatally shot in the neck while praying in a field. In other cases, a soldier punched and knocked out an Afghan, and another fired a flare into an Afghan’s face.”

Full story

The Guardian, 30th March 2012

Source: www.guardian.co.uk

High court should seize chance to curb government’s workfare programme – The Guardian

Posted March 30th, 2012 in benefits, judicial review, news, unemployment, volunteers by sally

“It may not be slave labour, but forcing people to work for free could breach human rights laws.”

Full story

The Guardian, 30th March 2012

Source: www.guardian.co.uk