BAILII: Recent Decisions
Court of Appeal (Criminal Division)
C v R. [2012] EWCA Crim 6 (19 January 2012)
Court of Appeal (Civil Division)
Source: www.bailii.org
Wind Farm Inquiries – A Practical Note – No.5 Chambers
“Government policy, over succeeding years, has been moving in a more permissive direction. The present extant national policy is found in PPS 1, Planning and Climate Change: Supplement to PPS 1, PPS 22 and Planning for Renewable Energy: A Companion Guide to PPS22. Further, under the coalition government a fresh suite of policies extolling the benefits of wind farm development in appropriate locations. This includes ‘The Presumption in Favour of Sustainable Development’, EN-1, EN-3 and the Renewable Energy Roadmap.”
Full story (PDF)
No.5 Chambers, 20th January 2012
Source: www.no5.com
Solar subsidies cuts: UK government loses court appeal – The Guardian
“The government lost its appeal on Wednesday against a judge’s ruling that its cuts to solar power subsidies were illegal, suggesting thousands of homes and businesses will now be able to claim the higher payments.”
The Guardian, 25th January 2012
Source: www.guardian.co.uk
Schmitt v Deichmann and others – WLR Daily
Schmitt v Deichmann and others [2012] EWHC 62 (Ch); [2012] WLR (D) 8
“The court had an inherent jurisdiction under the common law to permit the statutory power under section 423 of the Insolvency Act 1986, preventing transactions defrauding creditors, to be applied to a foreign administrator not falling within the express scope of the 1986 Act.”
WLR Daily, 23rd January 2012
Source: www.iclr.co.uk
Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners – WLR Daily
“Section 139(1) of the Customs and Excise Management Act 1979 gave customs officers power to detain goods only where they were ‘liable to forfeiture’ in the sense that the relevant facts empowering the court to order forfeiture actually existed; it was not enough that the relevant officer reasonably suspected that such facts might exist in respect of goods which were under investigation.”
WLR Daily, 20th January 2012
Source: www.iclr.co.uk
Regina v C(S) – WLR Daily
Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5
“At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when deciding whether they were sure that the defendant had conspired with a conspirator who had pleaded guilty.”
WLR Daily, 19th January 2012
Source: www.iclr.co.uk
Alstom Transport v Eurostar International Ltd – WLR Daily
Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4
“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”
WLR Daily, 20th January 2012
Source: www.iclr.co.uk
Terrorism control order system ends at midnight – BBC News
“The control order regime restricting the freedoms of terrorism suspects is being abolished from midnight.”
BBC News, 25th January 2012
Source: www.bbc.co.uk
David Cameron calls for reform of European court of human rights – The Guardian
“David Cameron is to warn that the European court of human rights is in danger of turning into a ‘small claims court’ that fails to deal with serious violations of human rights, unless it embarks on reforms.”
The Guardian, 25th January 2012
Source: www.guardian.co.uk
Related link: Podcast: Adam Wagner – My advice to the Court
Care Quality Commission puts gagging orders on six employees – The Guardian
“A health watchdog with responsibility for protecting NHS whistleblowers has asked at least six employees to sign confidentiality agreements that stop them from criticising the organisation publicly.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
Polling station law ‘must be changed before 2015’ – BBC News
“The law should be changed before the next general election to allow anyone queuing at the ballot box when polls close to vote, a report says.”
BBC News, 25th January 2012
Source: www.bbc.co.uk
Surrey Police to face IPCC over NOTW involvement in Dowler case – The Independent
“The unanswered questions in Surrey Police’s handling of the investigation and subsequent murder inquiry of Milly Dowler in 2002, and the force’s close contact with journalists from the News of World, is to be investigated by the police’s internal watchdog authority, the IPCC.”
The Independent, 25th January 2012
Source: www.independent.co.uk
Government warned over secret hearings – The Guardian
“The expansion of secret hearings into the civil courts, proposed by the government as a means of protecting national security, will deprive individuals of the right to a fair trial, a parliamentary select committee has been warned.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Jones, R v [2011] EWCA Crim 3179 (16 December 2011)
Court of Appeal (Civil Division)
Mortgage Express v Butcher & Anor [2012] EWCA Civ 18 (24 January 2012)
Cook v The Mortgage Business Plc [2012] EWCA Civ 17 (24 January 2012)
WHG (International) Ltd & Ors v 32 Red Plc [2012] EWCA Civ 19 (24 January 2012)
High Court (Family Division)
Galloway v Goldstein [2012] EWHC 60 (Fam) (16 January 2012)
NLW v ARC [2012] EWHC 55 (Fam) (13 January 2012)
High Court (Commercial Court)
International Energy Group Ltd v Zurich Insurance Plc UK [2012] EWHC 69 (Comm) (24 January 2012)
Source: www.bailii.org
Corruption self-reporters not disadvantaged by own investigative restrictions, SFO says – OUT-LAW.com
“The Serious Fraud Office (SFO) may formally investigate alleged corruption at firms that self-report the activity but will be mindful not to harm the company’s reputation, the head of the organisation has said.”
OUT-LAW.com, 24th January 2012
Source: www.out-law.com
Council spent £70,000 fighting judicial review of library closures – The Guardian
“A council that had its library restructuring plans quashed in the high court spent more than £70,000 fighting the judicial review.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
Landlords could become liable for tenants’ unpaid water bills under Government plans – OUT-LAW.com
“Landlords could become liable for their tenants’ unpaid water bills if they fail to supply the details of those tenants to the water company, the Government has said.”
OUT-LAW.com, 24th January 2012
Source: www.out-law.com
Leveson urged to ensure libel law reform is not delayed – The Guardian
“Lord Justice Leveson has been urged to do what he could to ensure reform to libel laws is not delayed because of his inquiry into press ethics.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
Ex-husband to pay £6 million legal bill in acrimonious divorce – Daily Telegraph
“A business tycoon is facing up to £6m in lawyers’ bills after an epic million court struggle during which he was ordered to pay a total of £15 million to his ex-wife.”
Daily Telegraph, 24th January 2012
Source: www.telegraph.co.uk
Man jailed over police chase in stolen ambulance – The Guardian
“A man who led police on a high-speed chase after stealing an ambulance response car to get home after a New Year’s Eve party has been jailed for nine months.”
The Guardian, 24th January 2012
Source: www.guardian.co.uk
