Current Awareness

In re J (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted April 5th, 2012 in child abuse, children, law reports, standard of proof by sally

In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111

In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) – WLR Daily

Posted April 5th, 2012 in disclosure, documents, evidence, extradition, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) [2012] EWCA Civ 420; [2012] WLR (D) 110

“Where documents had been placed before a judge and referred to in the course of court proceedings, access should generally be permitted on the open justice principle. Where access was sought for a proper journalistic principle the case for allowing it would be particularly strong. The court would undertake a fact-specific proportionality exercise where there were grounds of opposition to the application for disclosure.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

DKH Retail Ltd v Republic (Retail) Ltd – WLR Daily

Posted April 5th, 2012 in civil procedure rules, courts, law reports, patents, transfer of proceedings by sally

DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch); [2012] WLR (D) 109

“The current practice, in which applications to transfer cases to and from the Patents County Court were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the Civil Procedure Rules.”

WLR Daily, 3rd April 2012

Soure: www.iclr.co.uk

Williams v Central Bank of Nigeria – WLR Daily

Posted April 5th, 2012 in appeals, breach of trust, fraud, law reports, limitations, time limits by sally

Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108

“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Innovia Films Ltd v Frito-Lay North America Inc – WLR Daily

Posted April 5th, 2012 in jurisdiction, law reports, patents by sally

Innovia Films Ltd v Frito-Lay North America Inc [2012] EWHC 790 (Pat); [2012] WLR (D) 107

“Where a court had jurisdiction under section 82(4)(b) of the Patents Act 1977 to determine a question to which section 82 applied, the court’s jurisdiction was exclusive of all other possible jurisdictions.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

Prison Law Bulletin – Garden Court Chambers

Posted April 5th, 2012 in human rights, news, prisons, sentencing by sally

“The Garden Court Prison Law Team presents the third issue of its ‘Prison Law Bulletin’.”

Issue 3 – 5 March 2012

Garden Court Chambers, 5th April 2012

Source: www.gcprisonlaw.wordpress.com

Bar Council Calls for Government to Protect Civil Liberties – The Bar Council

Posted April 5th, 2012 in human rights, investigatory powers, news, privilege, public interest by sally

“The Bar Council, which represents barristers in England and Wales, has called for the Government to amend further the Regulation of Investigatory Powers Act 2000 (RIPA) to protect civil liberties and open justice.”

Full story

The Bar Council, 4th April 2012

Source: www.barcouncil.org.uk

NHS reforms ‘will mean more litigation’ – Law Society’s Gazette

Posted April 5th, 2012 in health, local government, news by sally

“The government’s reforms to the NHS in England are set to cause a wave of legal difficulties for local authorities, solicitors were warned this week.”

Full story

Law Society’s Gazette, 5th April 2012

Source: www.lawgazette.co.uk

Command Papers – official-documents.gov.uk

Posted April 5th, 2012 in parliamentary papers by sally

Statement of changes in Immigration Rules, Cm 8337 (PDF)

Scotland’s constitutional future: Responses to the consultation, Cm 8326 (PDF)

CoA pilots mediation scheme in bid to cut litigation costs – The Lawyer

Posted April 5th, 2012 in arbitration, contracts, courts, news, personal injuries by sally

“The Court of Appeal (CoA) is to pilot a mediation scheme for all personal injury and contract claims up to the value of £100,000 for which permission to appeal is given.”

Full story

The Lawyer, 4th April 2012

Source: www.thelawyer.com

Daniel Bartlam – was the court right to lift his anonymity? – The Guardian

Posted April 5th, 2012 in anonymity, murder, news, public interest, young offenders by sally

“The 15-year-old who killed his mother was named to deter similar terrible crimes. But is such publicity counterproductive?”

Full story

The Guardian, 5th April 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 5th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Stangroom & Anor v Brown [2012] EWCA Civ 424 (04 April 2012)

Foley Independent News & Media Ltd & Ors v Lord Ashcroft KCMG [2012] EWCA Civ 423 (04 April 2012)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWCA Civ 422 (04 April 2012)

High Court (Queen’s Bench Division)

Jeeg Global Ltd v Hare [2012] EWHC 871 (QB) (04 April 2012)

Burn & Ors v The Ministry of Justice [2012] EWHC 876 (QB) (04 April 2012)

High Court (Chancery Division)

PCE Investors Ltd. v Cancer Research UK [2012] EWHC 884 (Ch) (04 April 2012)

Samsung Electronics (UK) Ltd & Anor v Apple Inc [2012] EWHC 889 (Ch) (04 April 2012)

Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 911 (Ch) (04 April 2012)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2012] EWHC 869 (Ch) (04 April 2012)

Hughes v Woolworths Group Pension Trustee Ltd [2012] EWHC 905 (Ch) (04 April 2012)

High Court (Administrative Court)

McGetrick, R (on the application of) v The Parole Board & Anor [2012] EWHC 882 (Admin) (04 April 2012)

High Court (Family Division)

KK v MA & Ors [2012] EWHC 788 (Fam) (29 March 2012)

S v Z [2012] EWHC 846 (Fam) (09 March 2012)

High Court (Commercial Court)

Metall Market OOO v Vitorio Shipping Company Ltd [2012] EWHC 844 (Comm) (04 April 2012)

West Tankers Inc v Allianz SpA & Anor [2012] EWHC 854 (Comm) (04 April 2012)

Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 (Comm) (28 March 2012)

Source: www.bailii.org

Old but not forgotten: spring cleaning the statute book – Halsbury’s Law Exchange

Posted April 5th, 2012 in bills, legislation, news, repeals by sally

“Pub quizzes often include a round or two on old laws supposedly still in force – the likes of being able to drive livestock over London Bridge, or to have cakes and ale during exams, or whether the death penalty is still in force for arson in the Royal Docks. A number of future answers are about to be altered at the behest of the Law Commission, which has compiled a long list of statutory deadwood to be felled this summer by an axe in the form of the Statute Law (Repeals) Bill.”

Full story

Halsbury’s Law Exchange, 4th April 2012

Source: www.halsburyslawexchange.co.uk

Author Chris McGrath faces six figure legal bill after unfavourable Amazon reviews case is struck out – The Independent

Posted April 5th, 2012 in appeals, costs, defamation, litigants in person, news, striking out by sally

“An author who tried to sue a father of three from the West Midlands over comments made in a series of unfavourable reviews on Amazon is facing a six figure legal bill after a judge struck out his case.”

Full story

The Indpendent, 4th April 2012

Source: www.independent.co.uk

How will we even know a closed judgment exists? – The Guardian

Posted April 5th, 2012 in closed material, freedom of expression, law reports, media, news, private hearings by sally

“What proposals for closed hearings would mean for press freedom.”

Full story

The Guardian, 4th April 2012

Source: www.guardian.co.uk

Automatic porn censorship legislation proposed – OUT-LAW.com

Posted April 5th, 2012 in bills, internet, news, pornography by sally

“Internet service providers (ISPs) would be required to prevent customers accessing pornographic images unless those customers actively notify the ISPs that they want to access the material if draft new UK legislation being proposed receives backing.”

Full story

OUT-LAW.com, 4th April 2012

Source: www.out-law.com

Secret court hearings: Q&A – Daily Telegraph

Posted April 5th, 2012 in closed material, evidence, news, private hearings, public interest immunity, rule of law by sally

“Ken Clarke wants to allow evidence to be heard in secret where it would compromise national security. Here we explain why there is such controversy over the Government’s plan to hold some court cases and inquests behind closed doors.”

Full story

Daily Telegraph, 4th April 2012

Source: www.telegraph.co.uk