High Court orders Surrey library plans judicial review – BBC News
“A judicial review of Surrey County Council’s plans for some libraries to be run by volunteers has been ordered by the High Court.”
BBC News, 4th February 2012
Source: www.bbc.co.uk
Brent library closures: Supreme Court rejects appeal bid – BBC News
“The Supreme Court has refused to allow campaigners fighting to save six north-west London libraries permission to appeal against a court’s decision.”
BBC News, 3rd February 2012
Source: www.bbc.co.uk
Cash crisis slows justice for the vulnerable at Court of Protection – The Independent
“Hundreds of vulnerable people seeking court decisions about where they live or whom they can meet could experience months of delays because the government expert protecting their interests has almost run out of money, The Independent can disclose.”
The Independent, 4th February 2012
Source: www.independent.co.uk
Met police investigators at News Corp jeopardise press freedom, say lawyers – The Guardian
“The Metropolitan police has a team of up to 20 detectives based at News Corporation’s internal investigation unit in Wapping, a move which leading media and human rights lawyers say puts press freedom in jeopardy.”
The Guardian, 5th February 2012
Source: www.guardian.co.uk
Grandparents must have ‘clear rights’ to see grandchildren when couples split – Daily Telegraph
“Grandparents should be given clear rights to see their grandchildren when couples separate, ministers will say today.”
Daily Telegraph, 6th February 2012
Source: www.telegraph.co.uk
Family justice report author criticises plan to change divorce and custody law – The Guardian
“Legislating to ensure that both parents in a divorce retain the right of access to their children could cause severe problems in custody cases, according to the former Whitehall official who conducted a review on family justice.”
The Guardian, 3rd February 2012
Source: www.guardian.co.uk
Man jailed for 94-year-old woman’s murder at Bradford care home – BBC News
“A man who sexually assaulted and murdered a 94-year-old woman after breaking into a Bradford care home has been jailed for a minimum of 24 years.”
BBC News, 3rd February 2012
Source: www.bbc.co.uk
Tougher sentences to be imposed on arms traders – The Independent
“Criminals who trade in illegal firearms face severe sentences, leading judges warned today as they doubled the number of years to be served by a man caught by police with a loaded revolver.”
The Independent, 3rd February 2012
Source: www.independent.co.uk
Abu Qatada in court seeking bail – The Guardian
“A radical Muslim cleric described as a grave threat to Britain’s national security could walk free on Monday.”
The Guardian, 6th February 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Gurung v Secretary of State for the Home Department [2012] EWCA Civ 62 (02 February 2012)
Aksu v London Borough of Enfield [2012] EWCA Civ 60 (02 February 2012)
UG (Nepal) & Ors v Entry Clearance Officer [2012] EWCA Civ 58 (02 February 2012)
Leeds City Council v Price & Ors [2012] EWCA Civ 59 (02 February 2012)
High Court (Queen’s Bench Division)
QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 116 (QB) (02 February 2012)
O’Farrell v O’Farrell [2012] EWHC 123 (QB) (01 February 2012)
High Court (Chancery Division)
McKillen v Misland (Cyprus) Investments Ltd & Ors [2012] EWHC 129 (Ch) (02 February 2012)
High Court (Administrative Court)
High Court (Commercial Court)
Nomihold Securities Inc v Mobile Telesystems Finance SA [2012] EWHC 130 (Comm) (02 February 2012)
Source: www.bailii.org
Frisdranken Industrie Winters BV v Red Bull GmbH – WLR Daily
Frisdranken Industrie Winters BV v Red Bull GmbH (Case C-119/10); [2012] WLR (D) 20
“A service provider who, under an order from and on the instructions of another person, filled packaging which was supplied to it by the other person who, in advance, affixed to it a sign which was identical with, or similar to, a sign protected as a trade mark did not itself make use of the sign that was liable to be prohibited under that provision.”
WLR Daily, 15th December 2012
Source: www.iclr.co.uk
Tiffin v Lester Aldridge LLP – WLR Daily
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35; [2012] WLR (D) 19
“Section 4(4) of the Limited Liability Partnerships Act 2000 required an assumption that the business of the limited liability partnership had been carried on by two or more of its members as partners and upon that assumption, required an inquiry as to whether or not the person whose status was in question would have been one of the partners. If the answer to that inquiry was that he would have been a partner then he could not have been an employee of the partnership; if the answer was that he would not have been a partner there would have to be further inquiry as to whether his relationship would have been that of an employee. It was implicit that the primary source material for the purpose of answering those questions would be the members’ agreement although that would not necessarily represent the totality of what might be looked at.”
WLR Daily, 1st February 2012
Source: www.iclr.co.uk
Coogan v News Group Newspapers Ltd and another; Phillips v Same – WLR Daily
“The phrase ‘technical or commercial information or other intellectual property’ within the definition of ‘intellectual property’ in section 72 of the Senior Courts Act 1981 was apt to embrace telephone voice messages said to have been intercepted by a private investigator on the telephones of individuals; and the effect of that finding was that the privilege against self-incrimination on which the interceptor might otherwise have relied was removed.”
WLR Daily, 1st February 2012
Source: www.iclr.co.uk
Barrett v Bem; In re Lavin, decd – WLR Daily
Barrett v Bem; In re Lavin, decd [2012] EWCA Civ 52; [2012] WLR (D) 17
“A court should not find that a will had been signed by a third party at the direction of the testator unless there was positive and discernible communication (which might be verbal or non-verbal) by the testator that he wished the will to be signed on his behalf by the third party.”
WLR Daily, 31st January 2012
Source: www.iclr.co.uk
£20,000 fine levied for marketing ‘likely to result in harm to children’ – OUT-LAW.com
“PhonepayPlus has fined a company £20,000 after determining that it was in ‘serious’ breach of its rules around the promotion of premium rate services (PRS) to children after two sisters ran up a bill of more than £2,500 texting the service.”
OUT-LAW.com, 3rd February 2012
Source: www.out-law.com
Court of Appeal rules fixed share partners are not employees – Legal Week
“The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) ruling that fixed share partners are not employees and, as such, are not eligible to claim for unfair dismissal.”
Legal Week, 2nd February 2012
Source: www.legalweek.com
Legal Aid Bill domestic violence concession? – LAG News Blog
“So far the government has made two concessions on the Legal Aid, Sentencing and Punishment of Offenders Bill (‘the Legal Aid Bill’), currently in the committee stage of the House of Lords. It seems more concessions might be on the way before the bill is approved.”
LAG News Blog, 3rd February 2012
Statement by Director of Public Prosecutions, Keir Starmer QC on the case of Mr C Huhne and Ms V Pryce – Crown Prosecution Service
“This statement is made by the Crown Prosecution Service in the interests of transparency and accountability to explain the decisions reached in the cases of Mr Christopher Huhne and Ms Vasiliki Pryce and to explain the time taken in arriving at these decisions.”
Crown Prosecution Service, 3rd February 2012
Source: http://blog.cps.gov.uk
