New mortgage lending rules set out by FSA – BBC News
“New rules to stop a resurgence in risky mortgage lending are likely to be imposed in 2013 by the Financial Services Authority (FSA).”
BBC News, 19th December 2011
Source: www.bbc.co.uk
Bid to evict St Paul’s protest camp begins at high court – The Guardian
“The City of London Corporation has lost control of St Paul’s Cathedral, the high court will hear on Monday, with members of an activist camp ‘setting rules and policing behaviour’ in the churchyard. A trial, lasting up to four days, will determine whether Occupy London protesters can stay on the land outside the building or not.”
The Guardian, 18th December 2011
Source: www.guardian.co.uk
MPs oppose police plans to use water cannon to quell public disorder – The Guardian
“MPs have come down firmly against the police employing water cannon or plastic bullets to quell any future repeat of the August riots. The Commons home affairs committee say in a report on Monday that their use in the summer would have been an indiscriminate and dangerous way of further inflaming the situation.”
The Guardian, 19th December 2011
Source: www.guardian.co.uk
Pagan wins ‘family life’ human rights case – Daily Telegraph
“An American woman who worships Norse gods has won the right to stay in Britain because of her ‘family life’ with her boyfriend and his wife.”
Daily Telegraph, 18th December 2011
Source: www.telegraph.co.uk
Lax UK border controls attacked in report – Daily Telegraph
“A woman was allowed into the UK to live with a partner she claimed she had met on the internet despite being unable to prove that she had ever even spoken to him, a report into the UK Border Agency (UKBA) reveals.”
Daily Telegraph, 18th December 2011
Source: www.telegraph.co.uk
Tory MP gets green light to sue Mail on Sunday – The Guardian
“A Tory MP has been given the green light to sue the Daily Mail publisher Associated Newspapers for libel over allegations he bullied a female colleague. Dominic Raab is suing the publisher over a Mail on Sunday article published on 30 January that alleged he bullied the colleague, referred to in court as ‘E’, while he worked as chief of staff to David Davis between 2006 and 2008.”
The Guardian, 16th December 2011
Source: www.guardian.co.uk
Overseas spouses must speak English before arriving in UK, court rules – The Guardian
“The high court has upheld a government rule requiring spouses to prove they can speak English before they can join their partners in Britain. Mr Justice Beatson dismissed a judicial review challenge brought by three couples to the immigration rule introduced last November on the grounds that it was racist and would break up their families.”
The Guardian, 16th December 2011
Source: www.guardian.co.uk
Woman doctor wins £4.5 million for being fired after having a baby – Daily Telegraph
“Dr Eva Michalak has won £4.5 million in compensation after her bosses mounted a campaign against her when she fell pregnant.”
Daily Telegraph, 16th December 2011
Source: www.telegraph.co.uk
English tests for immigrant spouses fair, court rules – BBC News
“The High Court has dismissed a challenge to laws that require immigrant spouses to be able to speak English in order to live in the UK.”
BBC News, 16th December 2011
Source: www.bbc.co.uk
Julian Assange can appeal against extradition, supreme court rules – The Guardian
“The highest court in the land has granted permission for Julian Assange to appeal against his extradition to Sweden, where he faces sex crime allegations.”
The Guardian, 16th December 2011
Source: www.guardian.co.uk
Grandmother’s grotto fall was Santa’s fault, rule judges – Daily Telegraph
“A grandmother fractured her thigh after slipping on a plastic icicle which should have been cleared away by Father Christmas and his elf at Selfridges’ grotto, the Appeal Court has ruled.”
Daily Telegraph, 16th December 2011
Source: www.telegraph.co.uk
PI lawyers risk conflict claims under ABS – Law Society Gazette
“The legal profession is unprepared for conflicts of interest in personal injury law that will occur from 2012, the Gazette has been told. Such conflicts could leave PI lawyers open to negligence claims and increase professional indemnity insurance premiums.”
Law Society Gazette, 15th December 2011
Source: www.lawgazette.co.uk
Regina v Ideal Waste Paper Co Ltd and others – WLR Daily
Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D) 370
“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily
“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily
“Where a relevant detaining authority initially had control over an applicant for a writ of habeas corpus, and subsequently claimed to have lost that control, a factual issue for the court’s determination was raised, and it would be wrong for the court simply to accept the detaining authority’s claim in the context of an application for the issue of the writ.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
Spaceright Europe Ltd v Baillavoine and another – WLR Daily
Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565; [2011] WLR (D) 369
“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Terluk v Berezovsky [2011] EWCA Civ 1534 (15 December 2011)
Banks v Morgan & Ors [2011] EWCA Civ 1568 (15 December 2011)
Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1572 (15 December 2011)
Titshall v Qwerty Travel Ltd [2011] EWCA Civ 1569 (15 December 2011)
Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538 (14 December 2011)
Court of Appeal (Criminal Division)
McDonald v R [2011] EWCA Crim 2933 (16 December 2011)
S & Anor v R. [2011] EWCA Crim 2872 (13 December 2011)
High Court (Administrative Court)
High Court (Chancery Division)
Francis v F Berndes Ltd & Ors [2011] EWHC 3377 (Ch) (15 December 2011)
Paratus AMC Ltd & Anor v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch) (14 December 2011)
High Court (Commercial Court)
PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)
Welven Ltd v Soar Group Ltd & Anor [2011] EWHC 3240 (Comm) (09 December 2011)
High Court (Family Division)
NG v SG (Appeal: Non-disclosure) [2011] EWHC 3270 (Fam) (09 December 2011)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)
Doy v Gunn [2011] EWHC 3344 (QB) (15 December 2011)
Raab MP v Associated Newspapers Ltd [2011] EWHC 3375 (QB) (15 December 2011)
Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)
High Court (Technology and Construction Court)
ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2011
The Investment Trust (Approved Company) (Tax) Regulations 2011
The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2011
The Iran (Restrictive Measures) (Overseas Territories) Order 2011
The Belarus (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011
The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2011
The Community Legal Service (Financial) (Amendment No. 2) Regulations 2011
The Civil Procedure (Amendment No. 3) Rules 2011
The Wireless Telegraphy (Exemption) (Amendment) Regulations 2011
The Wireless Telegraphy (Intelligent Transport Systems) (Exemption) Regulations 2011
The Renewable Transport Fuel Obligations (Amendment) Order 2011
The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011
Source: www.legislation.gov.uk
Tweet smell of success – Halsbury’s Law Exchange
“At last the courts move into the 21st century! Yesterday, the Lord Chief Justice (LCJ) announced that tweeting from court could be carried out by journalists and legal commentators without them seeking advanced permission. Otherwise judges will decide who can and can’t tweet from a courtroom.”
Halsbury’s Law Exchange, 15th December 2011
Source: www.halsburyslawexchange.co.uk
Selfridges’ raw milk dispenser ‘contravenes food hygiene regulations’ – The Guardian
“A major London department store is giving consumers the chance to buy unpasteurised milk, despite the government food watchdog’s claim that the move is illegal on public health grounds.”
The Guardian, 15th December 2011
Source: www.guardian.co.uk
