BAILII: Recent Decisions

Posted July 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Pryor v Greater Manchester Police [2011] EWCA Civ 749 (30 June 2011)

Clark v Bourne Leisure Ltd [2011] EWCA Civ 753 (30 June 2011)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 771 (01 July 2011)

Grant v HM Land Registry [2011] EWCA Civ 769 (01 July 2011)

High Court (Administrative Court)

Flinders, R (on the application of) v The Director of High Security & Ors [2011] EWHC 1630 (Admin) (30 June 2011)

High Court (Chancery Division)

Cordoba Holdings Ltd v Ballymore Properties Ltd [2011] EWHC 1636 (Ch) (30 June 2011)

Frontsouth (Witham) Ltd & Anor, Re [2011] EWHC 1668 (Ch) (30 June 2011)

High Court Commercial Court)

Gard Marine & Energy Ltd. v Tunnicliffe & Ors [2011] EWHC 1658 (Comm) (30 June 2011)

High Court (Queen’s Bench Division)

Ashcroft v Foley & Ors [2011] EWHC 1710 (QB) (01 July 2011)

Maritsave Ltd v National Farmers Union Mutual Insurance Society Ltd. [2011] EWHC 1660 (QB) (01 July 2011)

MacIntyre v Ministry of Defence [2011] EWHC 1690 (QB) (30 June 2011)

Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) (30 June 2011)

Source: www.bailii.org

 

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others – WLR Daily

Posted July 1st, 2011 in demonstrations, enforcement, harassment, injunctions, law reports, representative actions by sally

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others [2011] EWCA Civ 752;  [2011] WLR (D)  213

“An injunction obtained in representative proceedings was binding on all persons represented in the claim, but a judge was entitled, in the exercise of his discretion, to refuse to frame the order in terms which would make it enforceable by or against persons who were not parties to the claim.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

White v Davenham Trust Ltd – WLR Daily

Posted July 1st, 2011 in bankruptcy, debts, guarantees, law reports, statutory demands, surety by sally

White v Davenham Trust Ltd [2011] EWCA Civ 747;  [2011] WLR (D)  212

“A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Gwynedd nurse Alan Roberts cleared of assault on appeal – BBC News

Posted July 1st, 2011 in assault, elderly, news, nurses by sally

“A senior nurse convicted of assaulting an 88-year-old patient in hospital has been cleared on appeal.”

Full story

BBC News, 30th June 2011

Source: www.bbc.co.uk

Disability charity mounts court challenge to Jackson reforms – Law Society’s Gazette

Posted July 1st, 2011 in disabled persons, fees, judicial review, legal aid, news, personal injuries by sally

“A disability charity has mounted a High Court challenge to oppose government plans to reform ‘no win, no fee’ arrangements.”

Full story

Law Society’s Gazette, 30th June 2011

Source: www.lawgazette.co.uk

Law firms ally with chambers to bid for criminal contract – Law Society’s Gazette

Posted July 1st, 2011 in barristers, law firms, legal aid, news, tenders by sally

“Fifteen law firms in south Wales are to form an alliance with a set of chambers to bid for a criminal legal aid contract from the Legal Services Commission in the next contract round.”

Full story

Law Society’s Gazette, 29th June 2011

Source: www.lawgazette.co.uk

Government imposes more demands on News Corporation in its takeover bid for BSkyB – OUT-LAW.com

Posted July 1st, 2011 in media, news, takeovers by sally

“An independent director will have to sit in on Sky News board meetings when editorial decisions are being made if News Corporation’s bid to takeover BSkyB is successful and the news provider is spun off into a separate company, the Government said today.”

Full story

OUT-LAW.com, 30th June 2011

Source: www.out-law.com

Film industry asks court to force BT to cut off access to alleged copyright-infringing website – OUT-LAW.com

Posted July 1st, 2011 in copyright, film industry, internet, news by sally

“Film industry representatives have asked a UK court to force BT to block its customers’ access to a UK-operated website it says violates copyright rights.”

Full story

OUT-LAW.com, 30th June 2011

Source: www.out-law.com

Challenge and opportunity – DPP speech to the Whitehall and Industry Group Lawyers Network – Crown Prosecution Service

Posted July 1st, 2011 in Crown Prosecution Service, speeches by sally

“Thank you for inviting me to speak to you this evening. I would like to tell you something about the challenges the Crown Prosecution Service is currently facing and what we are doing about them.”

Full speech

Crown Prosecution Service, 16th June 2011

Source; www.cps.gov.uk

Bar regulator sets up centralised examinations team – Bar Standards Board

Posted July 1st, 2011 in barristers, examinations, legal education, press releases by sally

“A newly formed team of legal practitioners and academics has been appointed by the Bar Standards Board (BSB), as examiners for the new centralised examinations initiative. The new centralised exams will form part of the assessment of students undertaking the vocational stage of barristers’ training, known as the Bar Professional Training Course (BPTC).”

Full press release

Bar Standards Board, 30th June 2011

Source: www.barstandardsboard.org.uk

Vital safeguard of right to lawyer in police stations ‘under attack’ – The Guardian

Posted July 1st, 2011 in legal aid, legal representation, news by sally

“Plan to scrap automatic access to legal aid solicitors is a full-blown assault on the universal right to representation.”

Full story

The Guardian, 30th June 2011

Source: www.guardian.co.uk

Report attacks care of mental health patient who killed Wales pensioner – The Guardian

Posted July 1st, 2011 in homicide, hospitals, medical treatment, mental health, news by sally

“The care and treatment given to a man with a history of schizophrenia who killed a pensioner because voices in his head ordered him to attack a stranger have been severely criticised in a review.”

Full story

The Guardian, 30th June 2011

Source: www.guardian.co.uk

Great Ormond Street Hospital doctors want Baby Peter inquiry – BBC News

Posted July 1st, 2011 in child abuse, disclosure, hospitals, inquiries, news by sally

“Doctors have demanded a government investigation into why London’s Great Ormond Street Hospital kept information from the original Baby Peter inquiry.”

Full story

BBC News, 1st July 2011

Source: www.bbc.co.uk

Bribery Act targets corrupt firms – BBC News

Posted July 1st, 2011 in bribery, news, prosecutions by sally

“Legislation aimed at making it easier to prosecute companies who make corrupt payments abroad has come into force. The Bribery Act overhauls existing laws dating back to 1889 and creates offences that carry prison terms of up to 10 years and unlimited fines.”

Full story

BBC News, 1st July 2011

Source: www.bbc.co.uk

Ofqual launches official inquiry into exam blunders – Daily Telegraph

Posted July 1st, 2011 in examinations, inquiries, mistake, news by sally

“Exam boards face being stripped of their role over blunders that affected GCSEs and A-levels sat by thousands of schoolchildren, it emerged today.”

Full story

Daily Telegraph, 1st July 2011

Source: www.telegraph.co.uk

Female heirs given new financial rights in overhaul of Royal laws – Daily Telegraph

Posted July 1st, 2011 in news, royal family, succession by sally

“A female heir to the Duke of Cambridge will have new financial rights under plans to modernise the monarchy.”

Full story

Daily Telegraph, 1st Juy 2011

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 30th, 2011 in legislation by sally

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (England) Order 2011

The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2011

The Income Tax (Earnings and Pensions) Act 2003 (Section 684(3A)) Order 2011

The Income Tax (Pay As You Earn) (Amendment) (No.3) Regulations 2011

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (England) Order 2011

The Finance Act 2009 (Consequential Amendments) Order 2011

Source: www.legislation.gov.uk

Judge blocks families’ Iraq compensation bid – The Guardian

Posted June 30th, 2011 in armed forces, compensation, families, human rights, negligence, news by sally

“A high court judge has blocked attempts by families of soldiers killed in Iraq to seek compensation from the government under human rights legislation.”

Full story

The Guardian, 30th June 2011

Source: www.guardian.co.uk

‘Whole life’ term for hair fetish killer – The Independent

Posted June 30th, 2011 in extradition, murder, news, sentencing by sally

“A hair fetishist has been given a ‘whole life’ jail sentence for the ‘depraved’ and ‘callous’ murder and mutilation of a mother of two.”

Full story

The Independent,

Source: www.independent.co.uk

Emergency law to overturn court ruling on police bail – The Guardian

Posted June 30th, 2011 in bail, detention, legislation, news, police by sally

“Emergency legislation is to be introduced to overturn a court ruling that has severely restricted police powers to detain suspects for questioning and plunged police bail laws into chaos.”

Full story

The Guardian, 30th June 2011

Source: www.guardian.co.uk