BAILII: Recent Decisions

Posted March 22nd, 2011 in law reports by sally

High Court (Administrative Court)

The Commission for Equality & Human Rights v Griffin & Ors [2011] EWHC 675 (Admin) (21 March 2011)

High Court (Technology and Construction Court)

London Borough of Southwark v IBM UK Ltd [2011] EWHC 653 (TCC) (21 March 2011)

Source: www.bailii.org

Strong Segurança SA v Município de Sintra and another – WLR Daily

Posted March 22nd, 2011 in EC law, law reports, public procurement, tenders by sally

Strong Segurança SA v Município de Sintra and another (Case C-95/10); [2011] WLR (D) 99

“Article 47(2) of Parliament and Council Directive 2004/18/EC (permitting an economic operator participating in a public tendering process for the provision of services to rely on the capacities of other entities, provided that it could prove that it would have at its disposal the resources necessary) did not apply to contracts which had as their object services referred to in Annex IIB of the Directive, such as the provision of surveillance and security services. However member states and, possibly, contracting authorities, could provide for that which article 47(2) permitted in, respectively, their legislation and the documents relating to the contract.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Proceedings brought by Peñarroja Fa – WLR Daily

Posted March 22nd, 2011 in courts, EC law, freedom of movement, law reports, service by sally

Proceedings brought by Peñarroja Fa (Joined Cases C-372/09 and C-373/09); [2011] WLR (D) 98

“A duty entrusted by a court, in relation to specific matters within the context of a dispute before it, to a professional who had been appointed as a court expert translator constituted the provision of services for the purposes of article 50EC of the EC Treaty (now article 57FEU of the FEU Treaty)). The activities of court experts in the field of translation did not constitute activities which were connected with the ‘exercise of official authority’ for the purposes of the first paragraph of article 45EC of the EC Treaty (now article 51FEU of the FEU Treaty). Article 49 EC (now Article 56 TFEU) precluded (a) national legislation under which (i) enrolment in a register of court expert translators was subject to conditions concerning qualifications but (ii) the interested parties could not obtain knowledge of the reasons for the decision taken and that decision was not open to effective judicial scrutiny enabling its legality to be reviewed, inter alia, with regard to its compliance with the requirement under European Union law that the qualifications obtained and recognised in other member states had to have been properly taken into account; and (b) a requirement that no person might be enrolled in a national register of court experts as a translator unless he could prove that he had been enrolled for three consecutive years in a register of court experts maintained by a particular national court, where such a requirement was found to prevent the qualification obtained by a person and recognised in that another member state from being duly taken into account for the purposes of determining whether that qualification might attest to skills equivalent to those normally expected of a person who had been enrolled for three consecutive years in a register of court experts maintained by the member state in which the expert was seeking enrolment. The duties of court expert translators, as discharged by experts enrolled in a national register were not covered by the definition of ‘regulated profession’ set out in article 3(1)(a) of Parliament and Council Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p 22).”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Expert Evidence in Criminal Trials – Law Commission

Posted March 22nd, 2011 in criminal procedure, evidence, expert witnesses, Law Commission, news, reports by sally

“This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. In a criminal trial, a jury or magistrates’ court is required to determine disputed factual issues. Experts in a relevant field are often called as witnesses to help the fact-finding body understand and interpret evidence with which that body is unfamiliar.”

Full story

Law Commission, 22nd March 2011

Source: www.lawcom.gov.uk

Takeover Panel tables M&A code overhaul – The Independent

Posted March 22nd, 2011 in mergers, news, takeovers by sally

“The Takeover Panel has moved a step closer to drastically overhauling its code as it seeks to remove the ‘tactical advantage’ for hostile bidders targeting UK companies.”

Full story

The Independent, 22nd March 2011

Source: www.independent.co.uk

Lord Chief Justice wanted a pay rise for judges – Daily Telegraph

Posted March 22nd, 2011 in civil servants, judiciary, news, remuneration by sally

“The country’s most senior judge has demanded a pay rise for senior members of the judiciary, it has emerged.”

Full story

Daily Telegraph, 22nd March 2011

Source: www.telegraph.co.uk

Our panel of legal experts discuss UK’s basis for military action in Libya – The Guardian

Posted March 22nd, 2011 in international law, news, United Nations by sally

“International lawyers analyse the government’s statement.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

Prosecution of Philip Woolas not in public interest – Crown Prosecution Service

Posted March 22nd, 2011 in Crown Prosecution Service, elections, news, public interest by sally

“Former MP Philip Woolas will not be prosecuted in relation to statements he made about an opponent during the 2010 General Election in Oldham East and Saddleworth.”

Full story

Crown Prosecution Service, 21st March 2011

Source: www.cps.gov.uk

G20 protesters challenge police kettling tactics in court – The Guardian

Posted March 22nd, 2011 in demonstrations, news, police, violence by sally

“Police officers used punches to the face, slaps and shields against demonstrators whom police chiefs accept had nothing to do with violence, the high court will hear today.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

Man jailed for breaching ‘£2m Asbo’ challenges order – BBC News

Posted March 22nd, 2011 in appeals, ASBOs, human rights, news by sally

“A man who has been repeatedly jailed for the past eight years for defying an anti-social behaviour order (Asbo) is seeking to have it overturned.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Drink drivers lose right to demand blood tests – Daily Telegraph

Posted March 22nd, 2011 in alcohol abuse, dangerous driving, drug abuse, evidence, news by sally

“Motorists who are marginally over the limit are to lose the right to demand a blood test under the biggest changes to drink-drive law in over 40 years.”

Full story

Daily Telegraph, 21st March 2011

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 21st, 2011 in legislation by sally

The Terrorist Asset-Freezing etc. Act 2010 (Isle of Man) Order 2011

The United Kingdom Space Agency (Transfer of Property etc.) Order 2011

The Aviation Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2011

The Accounts and Audit (England) Regulations 2011

The Social Security Benefits Up-rating Regulations 2011

The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011

The Tunisia (Restrictive Measures) (Overseas Territories) Order 2011

Source: www.legislation.gov.uk

Who are the UK Bill of Rights Commission’s ‘human rights experts’? – Legal Week

Posted March 21st, 2011 in constitutional reform, human rights, news by sally

“The much trumpeted commission on a UK Bill of Rights has been launched by the Ministry of Justice. It is pretty much as was recently leaked, although it will now have eight rather than six experts chaired by Sir Leigh Lewis, a former Permanent Secretary to the Department of Work and Pensions.”

Full story

Legal Week, 21st March 2011

Source: www.legalweek.com

Targeting Gaddafi is allowed by UN resolution, international lawyers say – The Guardian

Posted March 21st, 2011 in armed forces, international law, Libya, news by sally

“Targeting Muammar Gaddafi and his military high command is permissible under the broadly drawn terms of the UN security council resolution, according to many international lawyers.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

Related link: In full: UK government’s legal advice on Libya

Filesharing curbs face high court delays – The Guardian

Posted March 21st, 2011 in copyright, internet, news by sally

“Government plans to curb illegal filesharing could be delayed for at least a year as its most contentious measures are battled out in the high court.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

The Lawyer’s great debate: e-disclosure – The Lawyer

Posted March 21st, 2011 in civil procedure rules, disclosure, electronic filing, news by sally

“One of the biggest issues in litigation management at the moment is e-disclosure.”

Full story

The Lawyer, 21st March 2011

Source: www.thelawyer.com

Deutsche Lufthansa AG v Kumpan – WLR Daily

Posted March 21st, 2011 in contract of employment, EC law, law reports by sally

Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90

“Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation to the imposition of the final fixed-term contract, that according to the national law ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ existed.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted March 21st, 2011 in domicile, EC law, law reports, pensions, social security by sally

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted March 21st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Haddock, R v [2011] EWCA Crim 303 (07 February 2011)

M, R v [2011] EWCA Crim 648 (18 March 2011)

Takkar v R. [2011] EWCA Crim 646 (18 March 2011)

Attorney Generals Reference No. 73, 75 & 03 of 2010 [2011] EWCA Crim 633 (03 March 2011)

Court of Appeal (Civil Division)

Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Ors [2011] EWCA Civ 268 (16 March 2011)

High Court (Queen’s Bench Division)

Stevenson & Ors v London Borough of Southwark [2011] EWHC 636 (QB) (18 March 2011)

High Court (Administrative Court)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 637 (Admin) (18 March 2011)

Hall, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 600 (Admin) (18 March 2011)

High Court (Commercial Court)

Mujur Bakat SDN BHD & Anor v Uni. Asia General Insurance Berhad & Ors [2011] EWHC 643 (Comm) (18 March 2011)

Source: www.bailii.org