BAILII: Recent Decisions
Court of Appeal (Civil Division)
Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153 (13 October 2011)
High Court (Queen’s Bench Division)
Woodland v The Swimming Teachers’ Association & Ors [2011] EWHC 2631 (QB) (17 October 2011)
High Court (Commercial Court)
High Court (Patents Court)
Generics (UK) Ltd (t/a Mylan) v Novartis AG [2011] EWHC 2403 (Pat) (30 September 2011)
Source: www.bailii.org
Motto and others v Trafigura Ltd and another – WLR Daily
Motto and others v Trafigura Ltd and another [2011] EWCA Civ 1150; [2011] WLR (D) 292
“Where a costs judge determined that base costs were disproportionate for the purposes of CPR r 44.4(2)(a), to render them proportionate the judge was required to satisfy himself that the work on each item on the bill of costs was necessary, and, if necessary, that the cost of the item was reasonable. That was the approach to be taken generally, including in group litigation.”
WLR Daily, 12th October 2011
Source: www.iclr.co.uk
Advertising watchdog may dismiss competitor complaints without investigation – OUT-LAW.com
“The UK’s advertising watchdog may not investigate complaints businesses make about rivals’ adverts if the complaining firms have not tried to resolve the disputes with their competitors first.”
OUT-LAW.com, 17th October 2011
Source: www.out-law.com
Dale Farm Travellers seek last-gasp reprieve from eviction – The Guardian
“Dale Farm residents are seeking a last-gasp reprieve from eviction by asking for leave to appeal against a decision last week to allow Basildon council to remove 86 families from the Essex Traveller site.”
The Guardian, 17th October 2011
Source: www.guardian.co.uk
Supreme Court feels the strain as cases back up – The Lawyer
“Two-year wait for hearings at highest court as recession sees litigants dig in for the long haul.”
The Lawyer, 17th October 2011
Source: www.thelawyer.com
Suicide of Dan James convinced Lord Falconer that the law had to change – The Guardian
“Lord Falconer has read or listened to more than 1,000 submissions, endured foul abuse from an array of angry voices and, as head of the commission examining reforms to the law on assisted suicide, is predicting trouble even from his more rational critics when the conclusions are published next month.”
The Guardian, 16th October 2011
Source: www.guardian.co.uk
Another cuts challenge fails: Changes to housing benefit scheme is lawful – UK Human Rights Blog
“On 13 October 2011 Mr Justice Supperstone in the High Court held that changes to rules for calculating housing benefit were lawful and in particular did not breach equality legislation.”
UK Human Rights Blog, 14th October 2011
Source: www.ukhumanrightsblog.com
The end is nigh for the unpopular legal aid body, so why aren’t we celebrating? – The Guardian
“The move to subsume the Legal Services Commission into the justice ministry shows you should be careful what you wish for.”
The Guardian, 14th October 2011
Source: www.guardian.co.uk
One in seven nursing homes breaking the law on feeding patients – Daily Telegraph
“One in seven nursing homes is breaching the law by failing to ensure elderly residents have enough food and drink to prevent them becoming malnourished and dehydrated, inspectors have found.”
Daily Telegraph, 16th October 2011
Source: www.telegraph.co.uk
UKBA accused of breaking pledge to end child detention – The Guardian
“As many as 2,000 children a year, including many unaccompanied by an adult, could be detained each year at the UK’s borders despite government promises to end child detention.”
The Guardian, 16th October 2011
Source: www.guardian.co.uk
Prisoners taken to court in black cabs – BBC News
“The Ministry of Justice has admitted a private security firm is using black cabs to take prison inmates to court.”
BBC News, 16th October 2011
Source: www.bbc.co.uk
Barber secretly shaved ‘fool’ on back of man’s head, court told – The Guardian
“A barber shaved the word ‘fool’ in 1in letters on the back of the head of a man with severe learning difficulties, a court has been told.”
The Guardian, 14th October 2011
Source: www.guardian.co.uk
Man jailed over fraud technology – The Independent
“An international computer whizz-kid was jailed today after trying to bring new bank card scamming technology into Britain. German Thomas Beeckmann, 26, was stopped in June at Victoria coach station having just arrived from Holland.Police found 17 electronic circuits capable of stealing £150 million a year from chip and PIN machines.”
The Independent, 14th October 2011
Source: www.independent.co.uk
Landmark pensions ruling upheld – The Independent
“The Court of Appeal has upheld a landmark ruling that gives priority to company pensioners – ahead of creditor banks and bondholders – when those companies become insolvent.”
The Independent, 14th October 2011
Source: www.independent.co.uk
Rugby mobility scooter fire youth given hospital order – BBC News
“A 17-year-old boy who started a fire in a sheltered housing complex in Rugby has been sentenced to a hospital order.”
BBC News, 14th October 2011
Source: www.bbc.co.uk
Home Office rejects decriminalising possession of drugs for personal use – The Guardian
“The Home Office has quickly rejected a call from the government’s official drug advisers to decriminalise the personal possession of all illegal drugs, including heroin and cocaine. The Advisory Council on the Misuse of Drugs (ACMD) has said it would be better if the tens of thousands of people caught with illicit drugs were sent on drug education and awareness courses rather than punished with fines and other penalties, up to imprisonment.”
The Guardian, 14th October 2011
Source: www.guardian.co.uk
Warren Goring jailed over shopping channel debts killing – BBC News
“A man from Norfolk who strangled his wife after a row about debts built up through a TV shopping channel has been jailed for six-and-a-half years.”
BBC News, 14th October 2011
Source: www.bbc.co.uk
Bribe conviction for court clerk Munir Patel UK-first – BBC News
“A clerk has become the first person convicted under the Bribery Act, for taking a bribe while working at an east London court.”
BBC News, 14th October 2011
Source: www.bbc.co.uk
Oliver Letwin faces investigation after disposing of documents in park bin – The Guardian
“The office of the Information Commissioner has confirmed it is investigating claims that the Conservative minister Oliver Letwin has been disposing of government documents in bins in a park close to Downing Street.”
The Guardian, 14th October 2011
Source: www.guardian.co.uk