BAILII: Recent Decisions
Court of Appeal (Criminal Division)
CPS v F [2011] EWCA Crim 1844 (21 July 2011)
McDonald v R. [2011] EWCA Crim 1776 (21 July 2011)
Court of Appeal (Civil Division)
Rees & Anor v Peters [2011] EWCA Civ 836 (21 July 2011)
Finnerty & Anor v Clark & Anor [2011] EWCA Civ 858 (21 July 2011)
Barnsley Metropolitan Borough Council v Norton & Ors [2011] EWCA Civ 834 (21 July 2011)
Fulham Football Club (1987) Ltd v Richards & Anor [2011] EWCA Civ 855 (21 July 2011)
Szepietowski v The Serious Organised Crime Agency [2011] EWCA Civ 856 (21 July 2011)
B v Secretary of State for the Home Department [2011] EWCA Civ 828 (21 July 2011)
Meritz Fire & Marine Insurance Co Ltd v Jan De Nul NV & Anor [2011] EWCA Civ 827 (21 July 2011)
High Court (Queen’s Bench Division)
Mutua & Ors v The Foreign & Commonwealth Office [2011] EWHC 1913 (QB) (21 July 2011)
High Court (Commercial Court)
Pioneer Freight Futures Company Ltd v TMT Asia Ltd [2011] EWHC 1888 (Comm) (21 July 2011)
Source: www.bailii.org
Ministry of Defence pays £100,000 to family of drowned Iraqi teenager – The Guardian
“The Ministry of Defence has agreed to pay £100,000 compensation to the family of an Iraqi teenager who drowned near Basra after being detained by British troops. In an out-of-court settlement with his relatives’ British lawyers, the MoD did not admit liability for the death of 18-year-old Saeed Shabram in May 2003.”
The Guardian, 21st July 2011
Source: www.guardian.co.uk
Fulham Football Club (1987) v Richards and another – WLR Daily
Fulham Football Club (1987) v Richards and another [2011] EWCA Civ 855; [2011] WLR (D) 241
“A dispute between a premier league football club and the first and second defendants, the chairman of the Football Association Premier League Ltd and the company itself, was covered by arbitration clauses in the rules of the company and the Football Association. Neither the Companies Act 2006 nor considerations of public policy prohibited the submission to arbitration of matters relating to an unfair prejudice petition under section 994 of the 2006 Act.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Barnsley Metropolitan Borough Council v Norton and others – WLR Daily
Barnsley Metroplitan Borough Councl v Norton and others [2011] EWCA Civ 834; [2011] WLR (D) 240
“The duty in section 49A(1) of the Disability Discrimination Act 1995 was intended to apply whenever an authority was taking decisions such as a decision to seek possession of a disabled person’s home.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Regina v Smith (Nicholas) – WLR Daily
Regina v Smith (Nicholas) [2011] UKSC 37; [2011] WLR (D) 239
“A sentence of imprisonment for public protection could be imposed upon a defendant who was already serving a sentence of life imprisonment.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
Regina v Maxwell – WLR Daily
Regina v Maxwell [2010] UKSC 48; [2011] WLR (D) 238
“When the Court of Appeal quashed a conviction and then exercised its discretion under section 7 of the Criminal Appeal Act 1968 to order a retrial of the defendant, that decision should not be upset on appeal unless it could be shown that it was plainly wrong in that it was one which no reasonable court could have made or that it took into account immaterial factors or failed to consider material factors.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
Regina v Boggild and others – WLR Daily
Regina v Boggild and others [2011] WLR (D) 237
“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”
WLR Daily, 19th July 2011
Source: www.iclr.co.uk
Commissioners for HM Revenue and Customs v Jones – WLR Daily
Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236
“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”
WLR Daily, 18th July 2011
Source: www.iclr.co.uk
Barclays Bank plc v Nylon Capital LLP – WLR Daily
Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235
“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”
WLR Daily, 18th July 2011
Source: www.iclr.co.uk
William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same – WLR Daily
“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”
WLR Daily, 18th July 2011
Source: www.iclr.co.uk
Judicial response to the publication of the Attorney General’s unduly lenient referral statistics – Judiciary of England and Wales
“The Deputy Head of Criminal Justice, Lord Justice Thomas, has responded to the statistics released today by the Attorney General’s office. These statistics report the number of cases where the Attorney General asked the Court of Appeal to decide whether a sentence imposed by the Crown Court was unduly lenient.”
Judiciary of England and Wales, 21st July 2011
Source: www.judiciary.gov.uk
Phone hacking: legal firm accused by Murdochs called before committee – The Guardian
“The legal firm that Rupert Murdoch accused of making a ‘major mistake’ in its part in the internal investigation into phone hacking is to be called before a parliamentary select committee to defend itself against allegations that they helped cover up the scandal.”
The Guardian, 21st July 2011
Source: www.guardian.co.uk
Law Society takes on Solicitors from Hell website – BBC News
“A website which claims to name and shame under-performing lawyers is facing legal action from the Law Society for alleged defamation.”
BBC News, 21st July 2011
Source: www.bbc.co.uk
Former MP jailed for expenses fraud made second highest claims last year – The Guardian
“A former MP jailed for expenses fraud claimed the second highest amount of parliamentary allowances last year, records have revealed.”
The Guardian, 21st July 2011
Source: www.guardian.co.uk
South Lakeland Council wins legal bid to ‘take’ home – BBC News
“A Cumbrian council has won a legal bid to take over a private, empty home and rent it out to a homeless family.”
BBC News, 21st July 2011
Source: www.bbc.co.uk
Is the law being misused to undermine peaceful protest? – The Guardian
“The CPS may have dropped charges against 109 Fortnum and Mason protesters; but why are some still facing prosecution?”
Full story
The Guardian, 21st July 2011
Source: www.guardian.co.uk
Unduly Lenient Sentences examined in 2010 – Attorney General’s Office
“The Attorney General’s Office has today released figures on Unduly Lenient Sentence cases referred to the Court of Appeal in 2010. Seventy-seven sentences were referred by the Law Officers. The Court considered 65 of them were unduly lenient (84%) and 60 sentences were increased (78% of the 77 referred).”
Attorney General’s Office, 21st July 2011
Source: www.attorneygeneral.gov.uk
Supreme Court extends employment rights to Government-employed teachers working abroad – OUT-LAW.com
“Teachers working for the UK Government in European Schools should have the same protections from unfair dismissal as those working in the UK, the Supreme Court has ruled.”
OUT-LAW.com, 21st July 2011
Source: www.out-law.com
