Ryan Giggs loses damages claim against the Sun – BBC News
“A damages claim by Manchester United and Wales footballer Ryan Giggs against the Sun newspaper has been thrown out by a High Court judge.”
BBC News, 2nd March 2012
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Thompson & Anor v Middleton [2012] EWCA Civ 231 (01 March 2012)
High Court (Chancery Division)
Adobe Systems Incorporated v Netcom Online.Co.UK Ltd & Anor [2012] EWHC 446 (Ch) (02 March 2012)
High Court (Queen’s Bench Division)
Joyce v West Bus Coach Services Ltd [2012] EWHC 404 (QB) (01 March 2012)
Source: www.bailii.org
Independent Trustee Services Ltd v Morris – WLR Daily
Independent Trustee Services Ltd v Morris: [2012] EWCA Civ 195; [2012] WLR (D) 55
“The defence of bona fide purchaser for value without notice, at the time of receipt of moneys, to a tracing claim by a trustee for the recovery of misappropriated trust moneys was not available to the recipient thereof where a consent order made in ancillary relief proceedings pursuant to which the moneys had been paid had been rescinded, on the recipient’s application to renew the ancillary relief application because of non-disclosure of assets, by the time the defence was raised.”
WLR Daily, 28th February 2012
Source: www.iclr.co.uk
Regina v S(C) – WLR Daily
Regina v S(C): [2012] EWCA Crim 389; [2012] WLR (D) 54
“Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening) – WLR Daily
“The ‘client money pool’ to be distributed among former clients of Lehman Brothers’ London affiliate was not limited to money which had been placed in segregated client accounts, as required by the Financial Services Authority, but extended to identifiable client money which the company had failed to segregate and had retained in its own house accounts. The pool was to be distributed rateably among all clients who had a contractual entitlement to have money segregated and not just those in whose favour segregation had actually occurred.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
Regina (NM) v Islington Borough Council – WLR Daily
Regina (NM) v Islington Borough Council: [2012] EWHC 414 (Admin); [2012] WLR (D) 52
“When considering whether a duty of assessment of needs for community care services had arisen under section 47(1) of the National Health Service and Community Care Act 1990 the interpretation of the words ‘may be in need of any such services’ covered both cases of present need and a narrow penumbra of cases of reasonably predictable future need.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily
“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Lincolnshire (Coroners’ Districts) Order 2012
The Occupational and Personal Pension Schemes (Levies – Amendment) Regulations 2012
The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2012
The Police Authority (Amendment) Regulations 2012
The Police Act 1997 (Criminal Records) (Amendment) Regulations 2012
Source: www.legislation.gov.uk
Communicating with the Home Office in Family Proceedings – Judiciary of England and Wales
“The ‘Communicating with the Home Office in Family Proceedings’ protocol enables the family courts to communicate with the Home Office (UK Borders Agency and Identity and Passport Service) to obtain immigration, visa and passport information for family court proceedings.”
Judiciary of England and Wales, 1st March 2012
Source: www.judiciary.gov.uk
New Border Force begins work – Home Office
“From today the Border Force and the UK Border Agency will begin operating separately.”
Home Office, 1st March 2012
Source: www.homeoffice.gov.uk
LSB welcomes the release of the Social Mobility Toolkit – Legal Services Board
“The Legal Services Board (LSB) today welcomes the publication of the Social Mobility Toolkit, a resource aimed at creating a step-change in social mobility across the professions. The proposal for the publication emerged from an LSB- chaired group bringing representatives from the professions together to discuss the implications of the Milburn Report on Fair Access to the Professions for regulators and professional bodies as they seek to improve access for non-traditional candidates, as well as to ensure they become better represented at higher levels of industry.”
Legal Services Board, 2nd March 2012
Source: www.legalservicesboard.org.uk
‘Liquidity swaps’ beneficial in moderation, City regulator says – OUT-LAW.com
“Insurers and banks can legitimately trade liquid and illiquid assets providing it is done on a ‘sensible scale,’ the City watchdog has said.”
OUT-LAW.com, 2nd March 2012
Source: www.out-law.com
Child Abduction within the United Kingdom – Association of Lawyers for Children
“An analysis of the various provisions, the difficulties which are likely to be experienced by a litigant in person and, in the light of this, how the Legal Aid, Sentencing and Punishment of Offenders Bill might now best be amended.”
Association of Lawyers for Children, 27th February 2012
Source: www.alc.org.uk
Football match fixture list copyright claim rejected – BBC News
“Football authorities in England and Scotland have had a court claim over football fixtures’ copyright rejected. European judges said compiling match fixture lists needed ‘significant’ work, but did not entail the creativity required for copyright protection.”
BBC News, 1st March 2012
Source: www.bbc.co.uk
Jail for 22 members of two north Wales drugs gangs – BBC News
“Twenty two people have been jailed for supplying thousands of pounds worth of drugs in north Wales.”
BBC news, 1st March 2012
Source: www.bbc.co.uk
Couple sue over neighbour’s noisy wooden floor – Daily Telegraph
“A couple yesterday launched legal action claiming their lives had been made hell by the clicking of heels on the hard floor of the £5m apartment above their West London flat.”
Daily Telegraph, 2nd March 2012
Source: www.telegraph.co.uk
Tinkering with the powers of the human rights court could be dangerous – The Guardian
“How best to protect human rights across Europe? Governments will meet in Brighton next month to consider the future of the European court of human rights. The UK chairs the Council of Europe, and it has just published its proposals for reforming the court in a document called the Brighton Declaration.”
The Guardian, 1st March 2012
Source: www.guardian.co.uk
Witchcraft trial: couple found guilty of boy’s murder in London – The Guardian
“A man and woman who tortured and killed a 15-year-old boy because they believed he was a witch have been found guilty of murder.”
The Guardian, 1st March 2012
Source: www.guardian.co.uk
Less than half of hospitals and care homes for people with learning disabilities meet national standards – The Independent
“Three out of five hospitals and care homes for people with learning disabilities do not meet national standards for safety and quality, according to a series of unannounced inspections. The Care Quality Commission (CQC) today published its latest batch of inspection reports which examine whether people in NHS and privately-run homes are being safely and appropriately cared for, and protected from abuses.”
The Independent, 1st March 2012
Source: www.independent.co.uk
