BAILII: Recent Decisions
Court of Appeal (Civil Division)
Sherdley & Anor v Nordea Life and Pension SA (Societe Anonyme) [2012] EWCA Civ 88 (16 February 2012)
Simcoe v Jacuzzi UK Group Plc [2012] EWCA Civ 137 (16 February 2012)
High Court (Administrative Court)
High Court (Chancery Division)
Ford & Anor v Alexander [2012] EWHC 266 (Ch) (16 February 2012)
High Court (Queen’s Bench Division)
Balfour Beatty Engineering Services Ltd v Unite the Union [2012] EWHC 267 (QB) (16 February 2012)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov [2012] EWHC 237 (Comm) (16 February 2012)
Source: www.bailii.org
An open and shut case – The Guardian
“Closing the Forensic Science Service will make miscarriages of justice more likely.”
The Guardian, 16th February 2012
Source: www.guardian.co.uk
What Rights, Enforced Where? – Hardwicke Chambers
“Two easy answers are offered by those who object to a rights based approach to legal decision making – repeal the Human Rights Act and remove the right of individual petition to the European Court of Human Rights. Neither of those things will happen. Therefore much effort is being expended on finding more complicated ways to satisfy their concerns.”
Hardwicke Chambers, 15th February 2012
Source: www.hardwicke.co.uk
Proposed newspaper content licensing fees not wholly ‘reasonable’, Tribunal rules – OUT-LAW.com
“Business customers of online news clippings services will pay a lower fixed price licence to access newspaper content via those providers following an interim ruling by the Copyright Tribunal.”
OUT-LAW.com, 16th February 2012
Source: www.out-law.com
Sylvester Akapalara murder: Man jailed for 30 years – BBC News
“A gang member who killed a promising young athlete in south-east London has been jailed for a minimum of 30 years.”
BBC News, 16th February 2012
Source: www.bbc.co.uk
Fourth man cleared of ‘Facebook’ riot charges – The Independent
“A fourth man has been cleared of encouraging rioting or looting via Facebook during last August’s civil disturbances.”
The Independent, 16th February 2012
Source: www.independent.co.uk
CIL: what price planning? – Thirty Nine Essex Steet
“In 1947, the Labour Government nationalized land development value. The recent outgoing Labour Government nationalized development hope value through its CIL Regulations which came into force in April 2010 just before its May defeat.”
Full story (PDF)
Thirty Nine Essex Street, February 2012
Source: www.39essex.com
The Changing Face of School Admissions – Hardwicke Chambers
“‘You shouldn’t have to hire a lawyer to navigate the school system.’
With those words in May last year the Secretary of State for Education, the Rt Hon. Michael Gove MP, launched a consultation on a draft new School Admissions Code and a new School Admissions Appeal Code.”
Hardwicke Chambers, 15th February 2012
Source: www.hardwicke.co.uk
BAILII: Recent Decisions
Supreme Court
Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012)
Court of Appeal (Criminal Division)
Chattoo & Ors v R [2012] EWCA Crim 190 (15 February 2012)
High Court (Queen’s Bench Division)
Spelman v Express Newspapers [2012] EWHC 239 (QB) (15 February 2012)
High Court (Family Division)
El Gamal v Al Maktoum [2011] EWHC B27 (Fam) (22 December 2011)
Source: www.bailii.org
Article 8 challenge to enhanced criminal records regime fails at first instance – Robin Hopkins – UK Human Rights Blog
“In July 2002, the Claimant was 11 years old. He received a warning (a private procedure, under the Crime and Disorder Act 1998) from Greater Manchester Police for the theft of two bicycles. His subsequent conduct was apparently exemplary. By section 113B of the Police Act 1997, Enhanced Criminal Record Certificates (ECRCs) must contain all convictions, cautions and warnings.”
UK Human Rights Blog, 16th February 2012
Source: www.ukhumanrightsblog.com
Police escape charges in 70 per cent of IPCC cases – The Independent
“Prosecutors decided against charging police officers in nearly 70 per cent of the most serious cases of alleged misconduct referred to them by the policing watchdog, according to figures secured under Freedom of Information legislation.”
The Independent, 16th February 2012
Source: www.independent.co.uk
Firefighter Mark Rutland wins seatbelt court battle – Daily Telegraph
“A fireman was cleared of not wearing a seatbelt after he said a policewoman told him she had to book him because she had targets to hit.”
Daily Telegraph, 16th February 2012
Source: www.telegraph.co.uk
RnBXclusive music file sharing site shut down – The Guardian
“The UK music filesharing site RnBXclusive has been shut down and a man has been arrested amid signs that organised crime officers are cracking down on illegal downloading in Britain.”
The Guardian, 15th February 2012
Source: www.guardian.co.uk
The Power of Prayer or the Power to Pray – Hardwicke Chambers
“Bideford Town Council is a parish council in Devon. Each month it holds full council meetings in public. At the start of each meeting there are communal prayers. Prayers are deliberately placed before apologies so that those who do not wish to attend are not marked as absent and can attend after prayers. The prayers are always Christian, led by a Minister from one of the town’s eight Christian Churches. A motion to end prayers was proposed by Mr Bone, a member of the council, and twice defeated, once by 9 votes to 6.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
Foreign sex offender finally deported after human rights battle – Daily Telegraph
“A foreign sex offender, Mohamed Kendeh, who was allowed to remain in the UK to protect his human rights despite attacking 11 women has finally been deported, almost nine years after committing his first offence.”
Daily Telegraph, 16th February 2012
Source: www.telegraph.co.uk
Camden council launches legal challenge to HS2 – The Guardian
“The ‘great earthquake’ that ‘rent the whole neighbourhood’ was recorded by Charles Dickens in Dombey and Son when a railway first cut through Camden in the early 19th century. Nearly 200 years on, Camden’s residents are stepping up their fight against what they fear will be a smaller, but similar, seismic shock from High Speed 2, the rail scheme given the go-ahead last month.”
The Guardian, 16th February 2012
Source: www.guardian.co.uk
Stalker Al Amin Dhalla guilty of loaded crossbow charge – BBC News
“A former City worker convicted of stalking his former fiancee has been found guilty of possessing a loaded crossbow near her workplace.”
BBC News, 15th February 2012
Source: www.bbc.co.uk
Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian
“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”
The Guardian, 15th February 2012
Source: www.guardian.co.uk
SFO operations to be subject to ‘routine’ inspection – OUT-LAW.com
“The Crown Prosecution Service Inspectorate (CPSI) is to ‘shortly’ begin a review of the operations of the Serious Fraud Office (SFO), a spokesperson for the Government’s top legal advisors has said.”
OUT-LAW.com, 15th February 2012
Source: www.out-law.com
