BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Kayani, R. v [2011] EWCA Crim 2871 (13 December 2011)
Court of Appeal (Civil Division)
Hayes v Willoughby [2011] EWCA Civ 1541 (13 December 2011)
Epsom College v Pierse Contracting Southern Ltd [2011] EWCA Civ 1449 (13 December 2011)
Bent v Highways And Utilities Construction & Anor [2011] EWCA Civ 1539 (13 December 2011)
Chalabi & Ors v Agha -Jaffar & Anor [2011] EWCA Civ 1535 (13 December 2011)
High Court (Administrative Court)
High Court (Chancery Division)
Lictor Anstalt (A Company) v MIR Steel UK Ltd & Ors [2011] EWHC 3310 (Ch) (13 December 2012)
Source: www.bailii.org
Further data protection proposals for law enforcement will clarify existing law, expert says – OUT-LAW.com
“Different categories of data subject and stricter criteria for the processing of personal data could be introduced under leaked proposals dealing with how data can be shared between Europe’s law enforcement authorities.”
OUT-LAW.com, 14th December 2011
Source: www.out-law.com
Intestacy and Family Provision Claims on Death – Law Commission
“The Law Commission is making recommendations today to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.”
Law Commission, 14th December 2011
Source: www.justice.gov.uk
In re Bezier Acquisitions Ltd – WLR Daily
In re Bezier Acquisitions Ltd [2011] EWHC 3299 (Ch); [2011] WLR (D) 362
“Rule 2.8 of the Insolvency Rules 1986 did not provide a complete and exhaustive code as to service of a notice of intention to appoint administrators.”
WLR Daily, 12th December 2011
Source: www.iclr.co.uk
Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09) – WLR Daily
“In the context of a selective distribution system, a contractual clause requiring sales of cosmetics and personal care products to be made in a physical space where a qualified pharmacist had to be present, resulting in a ban on the use of the internet for those sales, amounted to a restriction by object within the meaning of article 101(1)FEU of the FEU Treaty where it was apparent that that clause was not objectively justified. The block exemption provided for in article 2 of Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L336, p 21) did not apply to a selective distribution contract which contained a clause prohibiting de facto the internet as a method of marketing.”
WLR Daily, 13th December 2011
Source: www.iclr.co.uk
Ziebell v Land Baden-Württemberg (Case C-371/08) – WLR Daily
Ziebell v Land Baden-Württemberg (Case C-371/08); [2011] WLR (D) 358
“Protection against expulsion conferred by article 14(1) of EEC-Turkey Association Council Decision No 1/80 did not have the same scope as that conferred on citizens of the Union pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC with the result that the scheme of protection against expulsion enjoyed by the latter could not be applied mutatis mutandis to Turkish nationals for the purpose of determining the meaning and scope of article 14(1) of Decision No 1/80.”
WLR Daily, 8th December 2011
Source: www.iclr.co.uk
Employment tribunal fees to benefit business and taxpayers – Ministry of Justice
“Plans to lower the £84 million cost to the taxpayer, and relieve pressure on businesses, through the introduction of fees for employment tribunals were announced today by Justice Minister Jonathan Djanogly.”
Ministry of Justice, 14th December 2011
Source: www.justice.gov.uk
S v C: Re E Revisited – Family Law Week
Jennifer Perrins, barrister, of 1 King’s Bench Walk, considers the Court of Appeal’s judgment in S v C, the first appeal concerning an Article 13b ‘defence’ under the Hague Convention following the Supreme Court’s decision in Re E (Children) (Abduction: Custody Appeal).
Family Law Week, 7th December 2011
Source: www.familylawweek.co.uk
Attorney General: The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process – Attorney General’s Office
Attorney General’s Office, 12th December 2011
Source: www.attorneygeneral.gov.uk
Bar Council Calls on Government to Support Principle of Contingent Legal Aid Fund – The Bar Council
“The Bar Council, which represents barristers in England and Wales, has today published a report it commissioned from economic consultants Europe Economics, which has found that the concept of Contingent Legal Aid Funds (CLAF) has merit and should be taken forward as one of a number of sources of potential funding for civil litigation.”
The Bar Council, 13th December 2011
Source: www.barcouncil.org.uk
Family Arbitration: An Introduction – Family Law Week
“In his keynote address, delivered at a reception hosted by Collaborative Family Law last week, Lord Wilson of Culworth referred to the advent of an arbitration scheme to determine family disputes. This article offers an explanation as to how that scheme, which will be launched in February 2012, will work.”
Family Law Week, 5th December 2011
Source: www.familylawweek.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011
The Charges for Residues Surveillance (Amendment) Regulations 2011
The Suffolk Mental Health Partnership National Health Service Trust (Dissolution) Order 2011
The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2011
The Winchester and Eastleigh Healthcare National Health Service Trust (Dissolution) Order 2011
Source: www.legislation.gov.uk
‘Sexist’ Ryanair ad faces inquiry – The Guardian
“The advertising watchdog is to launch an investigation into an ad campaign by Ryanair featuring a scantily-clad flight attendant after complaints that it made it cabin crew look like ‘glamour models’.”
The Guardian, 13th December 2011
Source: www.guardian.co.uk
Obsessive rare egg thief is jailed again – The Independent
“Britain’s most imprisoned egg collector was jailed again yesterday after he admitted stealing hundreds of rare birds’ eggs, including those of golden eagles.”
The Independent, 14th December 2011
Source: www.independent.co.uk
Parents who abduct children should face longer in prison, says top judge – Daily Telegraph
“Parents who abduct their own children could face life sentences because of the ‘unspeakable cruelty’ they cause, the country’s most senior judge said yesterday.”
Daily Telegraph, 13th December 2011
Source: www.telegraph.co.uk
The limits of conscientious objection – The Guardian
“Article 9 of the European convention on human rights offered no protection to a soldier who objected to the war in Afghanistan on political grounds.”
The Guardian, 13th December 2011
Source: www.guardian.co.uk
Rochdale sham marriage vicar John Magumba facing jail – BBC News
“A Church of England vicar from Rochdale has admitted carrying out sham marriage ceremonies to allow illegal immigrants to gain the right to stay in the UK.”
BBC News, 13th December 2011
Source: www.bbc.co.uk
The legal aid bill must be cut. Here’s how – The Guardian
“Legal aid became bloated and inefficient. What’s needed is a better network of law centres and Citizens Advice Bureaux.”
The Guardian, 13th December 2011
Source: www.guardian.co.uk
