Resistance to diversity among judges is misguided – The Guardian
“Lady Hale’s right, diversity is a constitutional issue but a more representative bench would make for better decisions.”
The Guardian, 3rd November 2011
Source: www.guardian.co.uk
Canary Wharf takes legal action to keep out potential Occupy London protesters – The Guardian
“The owner of Canary Wharf, home to some of Britain’s biggest banks, has taken out injunctions to stop camps being set up by protesters targeting the City of London.”
The Guardian, 3rd November 2011
Source: www.guardian.co.uk
Freedom from Suspicion: Surveillance Reform for a Digital Age – Justice
“In this new major report, supported by the Joseph Rowntree Charitable Trust, JUSTICE calls for a fundamental overhaul of the Regulation of Investigatory Powers Act in order to protect the right of individual privacy from unnecessary, unwarranted and unchecked state intrusion.”
Justice, 4th Novemver 2011
Source: www.justice.org.uk
Law against phone hacking is not working, says civil liberties group – The Guardian
“Regulation of Investigatory Powers Act fails to protect individuals from illegal surveillance, according to Justice.”
The Guardian, 4th November 2011
Source: www.guardian.co,uk
London riots: judge spares rioting actor whose degree at risk – Daily Telegraph
“A young actor who joined in the London riots has been spared jail because he faced losing his university place.”
Daily Telegraph, 4th November 2011
Source: www.telegraph.co.uk
Toy boy’, 72, faces losing home after court battle – Daily Telegraph
“A 72-year-old ‘toy boy’ faces losing his home after a judge ruled that he must pay back money given to him by his long-term partner before she died, plus a hefty legal bill, because they were not married.”
Daily Telegraph, 4th November 2011
Source: www.telegraph.co.uk
Village loses high court challenge over radioactive waste – the Guardian
“A group of villagers who claimed they were testing the government’s commitment to ‘localism’ by challenging a waste company’s right to dump radioactive materials in a nearby landfill site have failed in a high court challenge.”
The Guardian, 3rd November 2011
Source: www.guardian.co.uk
Ofcom proposes new rules on broadcasters’ advertising deals – OUT-LAW.com
“Commercial broadcasters will not be able to ‘unduly discriminate’ between advertisers when setting the fees they charge for carrying commercials under proposed new rules set out by the UK’s media regulator.”
OUT-LAW.com, 3rd November 2011
Source: www.out-law.com
Warning over Henry VIII style law powers – The Independent
“Plans for sweeping new Henry VIII-style powers would enable ministers to rewrite the statute book without consulting Parliament, a report warned today.”
The Independent, 3rd November 2011
Source: www.independent.co.uk
Parties forced to take out loans at high interest to pay their legal costs can recover that interest, judge says – OUT-LAW.com
“Parties in complex court cases who are forced to take out loans at a high rate of interest to pay their legal costs can recover the full amount of that interest from the other party in certain circumstances, a court has said.”
OUT-LAW.com, 3rd November 2011
Source: www.out-law.com
Generation game – the young lawyers following in their parents’ footsteps – Legal Week
“Despite seeing the long hours and hard work their parents put in, many offspring are not put off from following them into the legal profession, writes Georgina Stanley.”
Legal Week, 3rd November 2011
Source: www.legalweek.com
BAILII: Recent Decisions
Supreme Court
Rainy Sky SA & Orsd v Kookmin Bank [2011] UKSC 50 (2 November 2011)
Human Genome Sciences Inc v Eli Lilly and Company [2011] UKSC 51 (2 November 2011)
Court of Appeal (Civil Division)
Smith & Anor v Jafton Properties Ltd [2011] EWCA Civ 1251 (02 November 2011)
Shiva Ltd v Transport for London [2011] EWCA Civ 1189 (02 November 2011)
High Court (Chancery Division)
Business Dream Ltd, Re Insolvency Act 1986 [2011] EWHC 2860 (Ch) (02 November 2011)
High Court (Administrative Court)
Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin) (02 November 2011)
Source: www.bailii.org
Rainy Sky SA and others v Kookmin Bank – WLR Daily
Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311
“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”
WLR Daily, 2nd November 2011
Source: www.iclr.co.uk
Mitu v Camden London Borough Council – WLR Daily
Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310
“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”
WLR Daily, 1st November 2011
Source: www.iclr.co.uk
Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily
“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily
“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
Trust judges on sentencing, says Law Society – Law Society’s Gazette
“The Law Society has criticised plans to extend mandatory life sentences, telling the government to trust judges’ discretion. The new regime, which would replace the indeterminate sentencing system with long determinate prison terms and mandatory life sentences for anyone convicted of a second serious sexual or violent crime, was announced last week by justice secretary Kenneth Clarke.”
Law Society’s Gazette, 3rd November 2011
Source: www.lawgazette.co.uk
Ken Clarke’s justice bill passed despite ‘attacks’ – BBC News
“The government’s controversial changes to sentencing policy and legal aid have cleared the Commons, despite opposition from MPs of all parties.”
BBC News, 2nd November 2011
Source: www.bbc.co.uk
European judges have no right to rule on prisoner voting, says Grieve – The Guardian
“National parliaments not European judges should decide whether prisoners are entitled to the vote, the attorney general has told the human rights court in Strasbourg.”
The Guardian, 2nd November 2011
Source: www.guardian.co.uk
