BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Armstrong, R v [2012] EWCA Crim 83 (01 February 2012)
OB v The Director of the Serious Fraud Office [2012] EWCA Crim 67 (01 February 2012)
Court of Appeal (Civil Division)
Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2012] EWCA Civ 55 (01 February 2012)
Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 (01 February 2012)
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35 (01 February 2012)
High Court (Chancery Division)
IBM United Kingdom Pensions Trust Ltd v Metcalfe & Ors [2012] EWHC 125 (Ch) (01 February 2012)
High Court (Commercial Court)
Standard Life Assurance Ltd v Ace European Group & Ors [2012] EWHC 104 (Comm) (01 February 2012)
Source: www.bailii.org
Bury equal pay case: Council settles with dinner ladies – BBC News
“Nearly 1,000 female workers, including dinner ladies, cleaners and carers, are to receive five years’ back pay after an equality dispute with Bury Council.”
BBC News, 1st February 2012
Source: www.bbc.co.uk
Regina (Samuel Smith Old Brewery (Tadcaster)) v Secretary of State for Energy and Climate Change – WLR Daily
“Following the grant of a consent under section 37 of the Electricity Act 1989 (as amended) in respect of any operation or change of use that constituted development, a direction made by the Secretary of State under section 90(2) of the Town and Country Planning Act 1990 that planning permission for that and any ancillary development should be deemed to be granted was not a ‘determination under the planning Acts’ for the purposes of engaging the duty to act in accordance with the applicable development plan under section 38(6) of the Planning and Compulsory Purchase Act 2004.”
WLR Daily, 31st January 2012
Source: www.iclr.co.uk
Revenue and Customs Commissioners v GKN Group – WLR Daily
Revenue and Customs Commissioners v GKN Group [2012] EWCA Civ 57; [2012] WLR (D) 15
“On an application for an interim payment under CPR r 25.7(1)(c) a claimant had to satisfy the court on a balance of probabilities that, on the material available to the court, he would succeed at trial in obtaining judgment from the defendant for a substantial amount of money. It was not sufficient to show that it was likely that he would succeed.”
WLR Daily, 31st January 2012
Source: www.iclr.co.uk
Coalition overturns Lords amendments on welfare and bans further dissent – The Guardian
“Government uses rare parliamentary procedure to annul seven adjustments to reform and prevent further challenges from peers.”
The Guardian, 1st February 2012
Source: www.guardian.co.uk
Thousands wrongly labelled as criminals – Daily Telegraph
“At least 20,000 people have been wrongly labelled as criminals or accused of more serious offences because of blunders by the police and the Criminal Records Bureau.”
Daily Telegraph, 2nd February 2012
Source: www.telegraph.co.uk
Civil litigation cost reforms to be delayed until 2013, Government confirms – OUT-LAW.com
“Proposed changes to ‘no win, no fee’ agreements will not be introduced until April 2013 at the earliest, the Government has said. The changes will prevent losing parties having to pay certain elements of an injured party’s successful damages claim.”
OUT-LAW.com, 1st February 2012
Source: www.out-law.com
Police spies: watchdog calls for safeguards over ‘intrusive tactic’ – The Guardian
“A clandestine operation that secretly deployed police spies in political groups for 40 years is severely criticised today by the official policing inspectorate, which concludes that the “intrusive” tactic should in future be used only after independent authorisation.”
The Guardian, 2nd February 2012
Source: www.guardian.co.uk
Coogan and Phillips v NGN – give a thought to the under-privileged – Kirsten Sjovoll – UK Human Rights Blog
“The Court of Appeal today (1 February) dismissed Mr Glenn Mulcaire’s appeal against an order that he provide information to claimants in the phone hacking litigation. The Court (Lord Judge, Lord Neuberger and Maurice Kay LJ) unanimously upheld the rulings of Mann J and Vos J that, as a result of the operation of section 72 of the Senior Courts Act 1981, Mr Mulcaire was not entitled to rely on his privilege against self-incrimination (‘PSI’).”
UK Human Rights Blog, 1st February 2012
Source: www.ukhumanrightsblog.com
Amy Winehouse inquest put in doubt by coroner’s qualifications – The Guardian
“A judicial investigation has been launched into the appointment of the coroner who chaired Amy Winehouse’s inquest, raising fears that the circumstances of the singer’s death might need to be examined again.
The Guardian, 1st February 2012
Source: www.guardian.co.uk
Sentences of Dobson and Norris not to be referred to Court of Appeal – Attorney General’s Office
“After careful review, the Attorney General, Dominic Grieve QC MP, has decided not to refer the sentences of Gary Dobson and David Norris to the Court of Appeal as possibly unduly lenient.”
Attorney General’s Office, 1st February 2012
Source: www.attorneygeneral.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 2012
The Greater London Authority Elections (Amendment) Rules 2012
The Police (Amendment) Regulations 2012
The Social Security Pensions (Flat Rate Accrual Amount) Order 2012
The Social Security Pensions (Low Earnings Threshold) Order 2012
The Social Security Revaluation of Earnings Factors Order 2012
Source: www.legislation.gov.uk
Assessment of FOI regime should be based on evidence not emotion, watchdog says – OUT-LAW.com
“MPs reviewing the UK’s freedom of information (FOI) regime should assess its success based on evidence and facts, the Information Commissioner has said.”
OUT-LAW.com, 1st February 2012
Source: www.out-law.com
Judges ponder action over pensions – Law Society’s Gazette
“Judges are considering legal action to block an increase in their pension contributions.”
Law Society’s Gazette, 1st February 2012
Source: www.lawgazette.co.uk
Glenn Mulcaire ordered to reveal phone hacking details by appeal court – The Guardian
“Glenn Mulcaire, the private investigator at the centre of the phone-hacking scandal, has lost his appeal against an earlier high court ruling requiring him to reveal who at the News of the World instructed him to hack into Steve Coogan’s voicemails.”
The Guardian, 1st February 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hutchings-Whelan v Hutchings [2012] EWCA Civ 38 (26 January 2012)
D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012)
Annison v Nolan [2012] EWCA Civ 54 (31 January 2012)
Revenue and Customs v The GKN Group [2012] EWCA Civ 57 (31 January 2012)
Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd [2012] EWCA Civ 24 (31 January 2012)
Barrett v Bem & Ors [2012] EWCA Civ 52 (31 January 2012)
High Court (Administrative Court)
Deputy Chief Ombudsman, R (on the application of) v French [2012] EWHC 113 (Admin) (18 January 2012)
High Court (Commercial Court)
Source: www.bailii.org
Regina (Elam) v Secretary of State for Justice – WLR Daily
Regina (Elam) v Secretary of State for Justice [2012] EWCA Civ 29; [2012] WLR (D) 14
“The licence expiry date applicable to a prisoner serving consecutive terms of imprisonment including at least one term of 12 months or more was to be determined by the provisions of section 264(3) of the Criminal Justice Act 2003 unless all the offences for which the sentences were imposed had been committed before section 264 came into force on 4 April 2005; in such a case, section 37(1) of the Criminal Justice Act 1991 continued to govern the licence expiry date by virtue of the saving provision in paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005.”
WLR Daily, 27th January 2012
Source: www.iclr.co.uk
Wokuri v Kassam – WLR Daily
Wokuri v Kassam [2012] EWHC 105 (Ch); [2012] WLR (D) 13
“A diplomatic agent who had left a mission continued to enjoy immunity in respect of acts performed by him or her in the exercise of his or her functions as a member of that mission within the meaning of article 39(2) of the Vienna Convention on Diplomatic Relations (1961) as scheduled to the Diplomatic Privileges Act 1964. The residual immunity under article 39(2) was, however, less extensive than that enjoyed by a serving diplomat. The former diplomat would not necessarily have immunity in relation to claims by employees carrying out domestic duties.”
WLR Daily, 30th January 2012
Source: www.iclr.co.uk
