BAILII: Recent Decisions
Supreme Court
Gale & Anor v Serious Organised Crime Agency [2011] UKSC 49 (26 October 2011)
Court of Appeal (Civil Division)
Dyson Ltd v Vax Ltd [2011] EWCA Civ 1206 (27 October 2011)
Hunt v Harb & Anor [2011] EWCA Civ 1239 (27 October 2011)
Hertsmere Borough Council v Lovat [2011] EWCA Civ 1185 (27 October 2011)
Dawkins v Carnival Plc (t/a P & O Cruises) [2011] EWCA Civ 1237 (27 October 2011)
High Court (Administrative Court)
High Court (Chancery Division)
Global Marine Drillships Ltd v Landmark Solicitors LLP & Ors [2011] EWHC 2685 (Ch) (24 October 2011)
High Court (Technology and Construction Court)
Systech International Ltd v PC Harrington Contractors Ltd [2011] EWHC 2722 (TCC) (27 October 2011)
Source: www.bailii.org
Nokia Oyj (Nokia Corpn) v IPCom GmbH & Co KG – WLR Daily
Nokia Oyj (Nokia Corpn) v IPCom GmbH & Co KG: [2011] EWHC 2719 (Pat); [2011] WLR (D) 303
“Section 63(2) of the Patents Act 1977 was not intended to act as a sanction against careless drafting or lack of good faith when those matters had no bearing on the damages or other remedy sought by the patentee.”
WLR Daily, 26th October 2011
Source: www.iclr.co.uk
Construction Industry Training Board v Beacon Roofing Ltd – WLR Daily
Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203; [2011] WLR (D) 302
“The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy (Construction Industry Training Board) Order 2009 was to be determined objectively by reference to the terms of the contract and the relevant background, and not by reference to the reasons of either or both of the parties for entering into the contract.”
WLR Daily, 26th October 2011
Source: www.iclr.co.uk
Taylor Wimpey wins High Court planning battle – OUT-LAW.com
“Developer Taylor Wimpey has won a High Court planning case against the Secretary of State to build more homes on its greenbelt development in Surrey.”
OUT-LAW.com, 27th October 2011
Source: www.out-law.com
Clarke: Tough intelligent sentences – Ministry of Justice
“Justice Secretary Kenneth Clarke has today announced a new sentencing regime.”
Ministry of Justice, 26th October 2011
Source: www.justice.gov.uk
First football club signs sports charter – Home Office
“Last night, Wycombe Wanderers became the first football club to sign the Charter against homophobia and transphobia in sport.”
Home Office, 26th October 2011
Source: www.homeoffice.gov.uk
Consultation on ‘Clare’s Law’ launched – Home Office
“The public are to be asked their views on whether to introduce a scheme for disclosing information about an individual’s history of domestic violence to a new partner, the Home Secretary Theresa May announced today.”
Home Office, 25th October 2011
Source: www.homeoffice.gov.uk
A Manifesto for Family Justice – Alliance of Interest Groups Calls on Government to Change Plans – The Bar Council
“An alliance of organisations which represents the rights and needs of women, children, families and victims of domestic abuse and/or are engaged in the administration of family justice, has published a Manifesto for Family Justice, ahead of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill moving into Report Stage in the House of Commons.”
The Bar Council, 24th October 2011
Source: www.barcouncil.org.uk
Unlocking Disputes: Groundbreaking New Industry-Led Campaign Promotes London as the Global Dispute Resolution Centre – The Bar Council
“Unlocking Disputes, the groundbreaking new industry-led campaign to promote London as the global dispute resolution centre, will be unveiled this evening at Rolls Building, London’s brand new court complex specialising in financial, business and property litigation.”
The Bar Council, 27th October 2011
Source: www.barcouncil.org.uk
Suzanne Knox spared jail over husband’s pavement death – BBC News
“A woman who drove her car into her husband in Suffolk, killing him, has been given a suspended jail sentence.”
BBC News, 27th October 2011
Source: www.bbc.co.uk
European Court of Human Rights reform ‘will take time’ – BBC News
“Ministers have said attempts to reform the European Court of Human Rights will ‘take time’ as the UK must persuade 46 other nations of the need for change.”
BBC news, 27th October 2011
Source: www.bbc.co.uk
Is the Attorney General right on prisoner votes and subsidiarity? – Dr Ed Bates – UK Human Rights Blog
“In his speech earlier this week the Attorney General announced that he would appear in person before the Grand Chamber of the European Court of Human Rights in two weeks’ time, when it hears Scoppola v Italy No2, a case concerning prisoner voting. The United Kingdom is due to intervene in this case, for reasons that readers of this blog will be fully aware of.”
UK Human Rights Blog, 27th October 2011
Source: http://ukhumanrightsblog.com
NHS maternity deaths: patients still at risk, Care Quality Commission warns – The Guardian
“Watchdog publishes damning report into deaths at two London hospitals, Queen’s in Romford and King George’s in Goodmayes.”
The Guardian, 27th October 2011
Source: www.guardian.co.uk
Met chief says officers’ use of fake identities in court was not illegal – The Guardian
“Britain’s most senior police officer has defended the practice of undercover officers using fake identities in court, claiming there is no specific law forbidding it. Bernard Hogan-Howe, the Metropolitan police commissioner, made the comments as he announced that Scotland Yard has begun two new inquiries.”
The Guardian, 27th October 2011
Source: www.guardian.co.uk
Legal aid lawyers overpaid by £50m – Daily Telegraph
“Lawyers were overpaid by more than £50 million for legal aid work last year, auditors have discovered.”
Daily Telegraph, 27th October 2011
Source: www.telegraph.co.uk
David Cameron declares an end to ‘outdated’ laws on succession – Daily Telegraph
“Heralding an end to more than 300 years of English constitutional tradition, the Prime Minister will urge Commonwealth leaders to end laws that pass the Crown to the oldest male heir. Under the current rules of primogeniture, any male child takes precedence in the order of succession over his sisters. That would mean that any son born to Prince William would become King even if he had an older sister.”
Daily Telegraph, 28th October 2011
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Rheines v R. [2011] EWCA Crim 2397 (26 October 2011)
R. v E [2011] EWCA Crim 2393 (06 October 2011)
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
Morrissey v McNicholas & Anor [2011] EWHC 2738 (QB) (26 October 2011)
High Court (Administrative Court)
High Court (Commercial Court)
Glencore Energy (UK) Ltd v Sonol Israel Ltd [2011] EWHC 2756 (Comm) (26 October 2011)
High Court (Admiralty Division)
MIOM 1 Ltd & Anor v Sea Echo ENE (No 2) [2011] EWHC 2715 (Admlty) (26 October 2011)
High Court (Patents Court)
Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)
Protecting Kids the World Over (PKTWO) Ltd, Re [2011] EWHC 2720 (Pat) (26 October 2011)
Source: www.bailii.org