UK seizes its moment to reform European court of human rights – The Guardian
“Judging by the media fury stoked up over the case of the Islamic cleric Abu Qatada and the ‘meddling’ judges of Strasbourg, the United Kingdom’s departure from the European court of human rights (ECHR) might appear imminent.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Cleobury, R. v [2012] EWCA Crim 17 (24 January 2012)
Arshad, R. v [2012] EWCA Crim 18 (24 January 2012)
Court of Appeal (Civil Division)
Weddall v Barchester Healthcare Ltd (Company No.02792285) [2012] EWCA Civ 25 (24 January 2012)
West Tankers Inc v Allianz SPA & Anor [2012] EWCA Civ 27 (24 January 2012)
MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 7 (24 January 2012)
High Court (Queen’s Bench Division)
Williams v Central Bank of Nigeria [2012] EWHC 74 (QB) (24 January 2012)
High Court (Administrative Court)
JB v Director of Public Prosecutions [2012] EWHC 72 (Admin) (24 January 2012)
Source: www.bailii.org
Theodora Dallas: inside the jury room – The Guardian
“Yesterday’s judgment offers a rare insight into jury deliberations, revealing what Dallas told fellow jurors about her online research.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
New online tool in transparency drive – Ministry of Justice
“The Ministry of Justice has published a new online tool that lets people see the length of time cases take in courts across England and Wales.”
Ministry of Justice, 24th January 2012
Source: www.justice.gov.uk
No smoke without fire – New Square Chambers
“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”
Full story (PDF) see p. 2
New Square Chambers, January 2012
Source: www.newsquarechambers.co.uk
Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers
“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”
Full story (PDF)
No.5 Chambers, 20th January 2012
Source: www.no5.com
Leasehold enfranchisement: busy times – New Square Chambers
“Despite the parlous state of the residential property market, enfranchisement claims continue to exercise courts and tribunals. This article gives a flavour of what has been generating disputes.”
Full story (PDF)
New Square Chambers, January 2012
Source: www.newsquarechambers.co.uk
All in good faith? Whistleblowing law and practice – Cloisters
“The Public Interest Disclosure Act 1998 came into life as a Private Members Bill put forward by a Conservative MP with the backing of the then Labour Government and assistance in drafting from Public Concern at Work (PCaW).”
Full story (PDF)
Cloisters, 14th December 2012
Source: www.cloisters.com
Consultation and Legitimate Expectations – 11KBW
“Whether or not there is in law an obligation to consult, where consultation is embarked upon it must be carried out fairly. What is ‘fair’ will obviously depend on the circumstances of the case and the nature of the proposals under consideration: see R (Edwards) v Environment Agency [2006] EWCA Civ 877 per Auld LJ at [90].”
Full story (PDF)
11KBW, 19th January 2012
Source: www.11kbw.com
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Knowles, R. v [2011] EWCA Crim 3102 (16 December 2011)
High Court (Chancery Division)
GHLM Trading Ltd v Maroo & Ors [2012] EWHC 61 (Ch) (23 January 2012)
Levy v Ellis-Carr & Ors [2012] EWHC 63 (Ch) (23 January 2012)
Schmitt v Deichmann & Ors [2012] EWHC 62 (Ch) (23 January 2012)
AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012)
High Court (Commercial Court)
High Court (Technology and Construction Court)
NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2) [2012] EWHC 51 (TCC) (23 January 2012)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Syria (European Union Financial Sanctions) Regulations 2012
The Uplands Transitional Payment Regulations 2012
The Public Health Wales National Health Service Trust (Originating Capital) (Wales) Order 2011
The Immigration (Passenger Transit Visa) (Amendment) Order 2012
Source: www.legislation.gov.uk
Woman jailed for using six-year-old girl to burgle – The Independent
“A woman who duped a six-year-old girl into breaking into a house and stealing a laptop was jailed yesterday for 20 months.”
The Independent, 24th January 2012
Source: www.independent.co.uk
Anthony Pryke’s killer to face justice after confessing to 1987 crime – The Guardian
“The best friend of a teenager whose body was discovered in a drain more than two decades ago will this week be sentenced for manslaughter after he contacted police and confessed to killing his friend.”
The Guardian, 23rd January 2012
Source: www.guardian.co.uk
Developing equity – a view from the Court of Appeal – Speech by Lord Neuberger of Abbotsbury, Master of The Rolls
Developing equity – a view from the Court of Appeal (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of The Rolls
Chancery Bar Association Conference, 20th January 2012
Source: www.judiciary.gov.uk
Star Reefers Pool Inc v JFC Group Co Ltd – WLR Daily
Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14; [2012] WLR (D) 3
“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”
WLR Daily, 20th January 2012
Source: www.iclr.co.uk
Comedians can say ‘mong’ on TV, rules Ofcom – Daily Telegraph
“Media regulator Ofcom has rejected three complaints about comedian Ricky Gervais’s use of the word ‘mong’ during his Channel 4 show Science.”
Daily Telegraph, 23rd January 2012
Source: www.telegraph.co.uk
Clarke: mediation the future for separating families – Ministry of Justice
“Justice Secretary Ken Clarke has today (23 January) urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.”
Ministry of Justice, 23rd January 2012
Source: www.justice.gov.uk
Drug guidelines suggest lighter sentences for ‘social dealers’ – The Guardian
“Recreational drug users who naively buy small quantities to share with their friends could avoid jail under sentencing guidelines for drug offences published on Tuesday.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
Objections to right-to-die plea – BBC News
“The court case of a severely disabled man seeking permission for a doctor to ‘lawfully’ end his life should not go ahead, the Ministry of Justice says.”
BBC News, 23rd January 2012
Source: www.bbc.co.uk
