Energy firm SSE loses appeal on mis-selling – BBC News
“SSE has lost an appeal into a conviction for tricking potential customers into switching from their existing energy firm.”
BBC News, 16th March 2012
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 (16 March 2012)
Yafai v Muthana [2012] EWCA Civ 289 (16 March 2012)
McGuire v Rose [2012] EWCA Civ 288 (16 March 2012)
Welsh Ministers & Anor v RWE Npower Renewables Ltd [2012] EWCA Civ 311 (15 March 2012)
Smith v Butler [2012] EWCA Civ 314 (15 March 2012)
Oliver & Anor v Symons & Anor [2012] EWCA Civ 267 (15 March 2012)
Court of Appeal (Criminal Division)
Chinn, R. v [2012] EWCA Crim 501 (15 March 2012)
High Court (Administrative Court)
High Court (Chancery Division)
Combined Insurance Company of America (CICA), Re [2012] EWHC 632 (Ch) (16 March 2012)
High Court (Commercial Court)
Bikam OOD Central Investment Group SA v Adria Cable SARL [2012] EWHC 621 (Comm) (15 March 2012)
High Court (Queen’s Bench Division)
Weston v Bates & Anor [2012] EWHC 590 (QB) (15 March 2012)
Tinkler & Anor v Elliott [2012] EWHC 600 (QB) (15 March 2012)
Citation Plc v Ellis Whittam Ltd [2012] EWHC 549 (QB) (14 March 2012)
High Court (Technology and Construction Court)
Murray Construction Ltd v Marino Family Trust Ltd [2012] EWHC 628 (TCC) (15 March 2012)
Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 649 (TCC) (15 March 2012)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012
The Social Security (Contributions) (Amendment No. 2) Regulations 2012
The Social Security (Categorisation of Earners) (Amendment) Regulations 2012
The Social Security (Contributions) (Re-rating) Order 2012
The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2012
The National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 2012
The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2012
The Immigration (Passenger Transit Visa)(Amendment)(No. 2) Order 2012
The Humber Bridge (Debts) Order 2012
The Air Navigation (Restriction of Flying) (Wimbledon) Regulations 2012
The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2012
The Social Security Benefits Up-rating Regulations 2012
The Child Benefit (General) (Amendment) Regulations 2012
Source: www.legislation.gov.uk
A v B and another (Female parents: Role of biological father) – WLR Daily
“Where a child was conceived by a mother and a father by virtue of an agreement between them that the child would live with and be brought up in the care of the mother and her female partner as the primary care givers of the child, there could be no general rule in family proceedings that the biological father was to be regarded only as a ‘secondary’ parent or to have a limited relationship with the child. Each case was fact specific and the welfare of the child was paramount.”
WLR Daily, 14th March 2012
Source: www.iclr.co.uk
AB and others v Ministry of Defence – WLR Daily
AB and others v Ministry of Defence: [2012] UKSC 9; [2012] WLR (D) 79
“Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether his claim was time-barred.”
WLR Daily, 14th March 2012
Source: www.iclr.co.uk
In re S (A Child) (Abduction: Custody Appeal) – WLR Daily
In re S (A Child) (Abduction: Custody Appeal): [2012] UKSC 10; [2012] WLR (D) 78
“A child should not be returned to his country of habitual residence if the court considered that his mother who had to accompany him would on return suffer such anxieties that their effect on her mental health would create an intolerable situation for the child. It did not matter whether the mother’s anxieties were reasonable or not.”
WLR Daily, 14th March 2012
Source: www.iclr.co.uk
RB (Somalia) v Secretary of State for the Home Department – WLR Daily
RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277; [2012] WLR (D) 77
“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”
WLR Daily, 13th March 2012
Source: www.iclr.co.uk
Regina v A (RJ) – WLR Daily
Regina v A (RJ): [2012] EWCA Crim 434; [2012] WLR (D) 76
“A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.”
WLR Daily, 13th March 2012
Source: www.iclr.co.uk
Changes to the Immigration Rules – UK Border Agency
“Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules. Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.”
UK Border Agency, 15th March 2012
Source: www.ukba.homeoffice.gov.uk
‘Challenge it, report it, stop it’ – a plan to tackle hate crime – Home Office
“A government plan to tackle hate crime is launched today with the key message to ‘challenge it, report it, stop it’. Equalities Minister Lynne Featherstone unveiled the plan as she addressed a hate crime conference organised by the association of chief police officers (ACPO) in Birmingham.”
Home Office, 14th March 2012
Source: www.homeoffice.gov.uk
BSB acts to resolve effect of past reappointment procedures of Council of the Inns of Court panel members – Bar Standards Board
“The Bar Standards Board today confirmed the timetable for assessing the impact of past reappointment procedures for Council of the Inns of Court tribunal members.”
Bar Standards Board, 15th March 2012
Source: www.barstandardsboard.org.uk
Landmark move towards same-sex marriage a step closer – Home Office
“Same-sex couples have moved a step closer to the right to marry in a civil ceremony. The Home Office today launched a consultation on how to allow everyone to have a civil marriage.”
Home Office, 15th March 2012
Source: www.homeoffice.gov.uk
Wind and peat: another step along the reasons trail – UK Human Rights Blog
“Welsh Ministers v. RWE Npower Renewables Ltd [2012] EWCA Civ 311, reversing RWE Npower Renewables v. Welsh Ministers & Swansea Council [2011] EWHC 1778 (Admin). In my previous post on this case, I summarised the judge’s findings as to why this Planning Inspector had gone wrong at the wind farm inquiry. The Inspector turned down the appeal because the positioning of individual turbines might lead to damage to deep deposits of peat found on this site. The judge, Beatson J, thought the inspector had not explained his reasons for his conclusions in sufficiently clear a form. Nor did the Inspector give the wind farm developer an opportunity to deal with his concerns. So said the judge. But the Court of Appeal disagreed – showing how it is not easy to ‘call’ the merits of these reasons challenges.”
UK Human Rights Blog, 15th March 2012
GP’s rights not violated by suspension from performers list – UK Human Rights Blog
“The European Court of Human Rights held that the suspension of a GP from the Primary Care Trust (PCT) Performers List did not violate his right to peaceful enjoyment of possessions under Article 1 Protocol 1 (A1P1) of the European Convention on Human Rights. The Court declined to decide whether there was a possession that could be interfered with in this case, but held that suspension did not affect Dr Malik.”
UK Human Rights Blog, 15th March 2012
Source: www.ukhumanrightsblog.com
Research evaluates expert witnesses and quality of court reports in the family courts – Family Law Week
“The quality of psychological experts and their reports, presented at family court proceedings in the UK, show some inconsistencies according to new research carried out by the University of Central Lancashire (UCLan).”
Family Law Week, 14th March 2012
Source: www.familylawweek.co.uk
ICO fines police force after rape victim details found on street – OUT-LAW.com
“Lancashire Constabulary has become the first UK police force to be fined by the UK data protection watchdog after it lost a document containing information about a 15 year old girl who had been raped.”
OUT-LAW.com, 15th March 2012
Source: www.out-law.com
Network Rail fined £1m over girls’ level crossing deaths – BBC News
“Network Rail has been fined £1m after admitting health and safety breaches over the deaths of two girls at an Essex level crossing. Friends Olivia Bazlinton, 14, and Charlotte Thompson, 13, were hit by a train in December 2005 as they crossed the railway line at Elsenham station and died instantly.”
BBC News, 15th March 2012
Source: www.bbc.co.uk
Charlotte Church can pursue libel case after Mirror Group loses court bid – The Guardian
“Charlotte Church’s libel action in relation to a story in the People that she drunkenly proposed to her boyfriend can be heard after Mirror Group Newspapers failed in a high court application to get her case struck out.”
The Guardian, 15th March 2012
Soruce: www.guardian.co.uk
This judgment in favour of kettling is a missed opportunity – The Guardian
“The European court of human rights had a chance to strengthen the right to protest. Instead, it set a dangerous precedent.”
The Guardian, 15th March 2012
Source: www.guardian.co.uk
Liam Fox ordered to pay back £3,000 for allowing Adam Werrity to stay rat taxpayer-funded home rent free – Daily Telegraph
“Dr Liam Fox, the former defence secretary, has been ordered to repay £3,000 in parliamentary expenses for allowing his unofficial adviser to use his taxpayer-funded second home rent-free.”
Daily Telegraph, 15th March 2012
Source: www.telegraph.co.uk
