BAILII: Recent Decisions
High Court (Administrative Court)
Long v Rodman & Ors [2012] EWHC 347 (Ch) (23 February 2012)
High Court (Technology and Construction Court)
Phaestos Ltd & Anor v Ho [2012] EWHC 668 (TCC) (16 March 2012)
High Court (Commercial Court)
Source: www.bailii.org
JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same – WLR Daily
“Where a claimant who had succeeded before the First-tier Tribunal but failed in the Upper Tribunal sought permission to appeal from the Upper Tribunal, not on the ground of an important point of principle or practice, but for some other compelling reason within section 13(6)(b) of the Tribunals, Courts and Enforcement Act 2007, the test to be applied was stringent but flexible, taking into account the particular circumstances of the case. The procedural history and extreme consequences for the claimant if he were refused permission to appeal were relevant factors to be taken into account by the court in deciding whether the threshold for a second-tier appeal had been reached.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
BESTrustees plc v Kaupthing Singer & Friedlander Ltd – WLR Daily
BESTrustees plc v Kaupthing Singer & Friedlander Ltd [2012] EWHC 629 (Ch); [2012] WLR (D) 84
“Where an insolvency event had occurred in relation to an employer, thereby triggering a calculation of the deficiencies in the assets of a pension fund under section 75 of the Pensions Act 1995, the time at which both the value of the pension scheme assets and the cost of the notional acquisition of annuities in the market to match its liabilities should be assessed was the ‘applicable time’ within the meaning of regulation 5 of the Occupational Pension Schemes (Employer Debt) Regulations 2005, which, in the form which the regulation 5 had taken as at 8 October 2008, was the date of the insolvency event.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
Forget Tesco law, this legal education review will transform the legal market – The Guardian
“The problems of the legal education and training system have been well documented on this website over recent months, dominated in particular by too many law students chasing too few jobs, the debt they accumulate in the process and the impact on diversity.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
The evolved mind: rising to the environmental challenge – UK Human Rights Blog
“In my 2011 post Why be nice? Human rights under pressure I explored the extent to which our limited tendencies to altruism, insofar as they have survived natural selection, could be institutionalised and enforced. In this article I apply the scientific learning on our cooperative instincts to the question of environmental regulation. I argue that whilst we seem to be hard-wired to cooperate, environmental responsibility will only be instilled under certain conditions that resonate with our evolved psychology, and that most modern environmental law fails to acknowledge these conditions.”
UK Human Rights Blog, 20th March 2012
Source: www.ukhumanrightsblog.com
Campaigners call for new homicide law for inciting suicide – The Guardian
“Growing concerns about the failure of police to properly investigate cases of women who have killed themselves after violence or abuse have led to a campaign for a new homicide law of ‘suicide aggravated by harassment or violence’.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
Muslim juror removed from jury after refusing to take off veil – Daily Telegraph
“A Muslim juror has been excused from sitting on a case because her veil concealed her facial expressions.”
Daily Telegraph, 20th March 2012
Source: www.telegraph.co.uk
Briton Graham Mitchell faces Portugal extradition – BBC News
“A Briton arrested over a Portuguese attempted murder case he thought he had been acquitted of 17 years ago says his world has been ‘turned upside down’.”
BBC News, 20th March 2012
Source: www.bbc.co.uk
County Court money claim service launched – Ministry of Justice
“From today all designated money claims in civil cases in England and Wales will be dealt with at one business centre. The centre will be supported by a dedicated contact team that deal with all telephone queries relating to claims.”
Ministry of Justice, 19th March 2012
Source: www.justice.gov.uk
Drug and Alcohol Misusing Families – BBC Law in Action
“For the last four years, London’s family drug and alcohol court has been trying to get drug and alcohol misusing families back on track. It has done so by following a different approach from the traditional, more punitive measures adopted by the mainstream courts. Joshua Rozenberg visits the court to find out how effective its pioneering work has been and what those who use it think of it. He speaks to those involved in the day-to-day work of the court – including the district judge, the principals of the main charity involved in its creation, legal representatives and others with expert knowledge of the problems which the court’s family users must tackle to put their lives back in order – and talks to observers of the court who have reservations about its approach. Law in Action discovers how far this innovative – but expensive – legal model is one which can realistically be emulated elsewhere in the UK when public funds are under such pressure.”
BBC Law in Action, 13th March 2012
Source: www.bbc.co.uk
Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange
“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”
Halsbury’s Law Exchange, 19th March 2012
Source: www.halsburyslawexchange.co.uk
Former law lord opposes ‘two strikes and you’re out’ sentencing – The Guardian
“A former law lord will attempt to amend the government’s controversial legal aid bill to throw out a ‘peculiar provision’ which would introduce a ‘two strikes and you’re out’ approach to sentencing.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
Thousands in court every week for not having a TV licence – Daily Telegraph
“Magistrates have called for the failure to get a television licence to be decriminalised after it emerged more than 3,000 people were taken to court every week for not paying the fee.”
Daily Telegraph, 20th March 2012
Source: www.telegraph.co.uk
Maths teacher made Nazi taunts to German neighbours – BBC News
“A maths teacher has been found guilty of harassing his German neighbours by playing wartime classics and performing a Nazi salute.”
BBC News, 19th March 2012
Source: www.bbc.co.uk
Ministry of Justice making no progress in collecting fines – The Guardian
“About £2bn is due to the Ministry of Justice in uncollected confiscation orders and fines, said a report published on Tuesday.”
The Guardian, 20th March 2012
Source: www.guardian.co.uk
The game changed back: Barr v. Biffa reversed – UK Human Rights Blog
“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”
UK Human Rights Blog, 19th March 2012
Source: www.ukhumanrightsblog.com
Private court interpretation company ‘should face contempt proceedings’ – The Guardian
“The attorney general has been urged to bring contempt of court proceedings against the private contractor awarded a monopoly to provide interpreters to all courts in England and Wales.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
Five Criminal cases you need to know from February – One Inner Temple Lane
Five Criminal cases you need to know from February
One Inner Temple Lane, 19th March 2012
Source: www.1itl.com
