BAILII: Recent Decisions
Supreme Court
NML Capital Ltd v Argentina [2011] UKSC 31 (6 July 2011)
Court of Appeal (Civil Division)
Dalton v Nottinghamshire County Council [2011] EWCA Civ 776 (06 July 2011)
AH v Secretary of State for the Home Department [2011] EWCA Civ 787 (06 July 2011)
Howell & Ors v Lees- Millais & Ors [2011] EWCA Civ 786 (06 July 2011)
High Court (Chancery Division)
Lewis v Client Connection Ltd. [2011] EWHC 1627 (Ch) (06 July 2011)
Balli (Also Known As Ravinder Singh), Re Contempt Of Court [2011] EWHC 1736 (Ch) (01 July 2011)
Leighton Contracting (Qatar) WLL v Simms & Ors [2011] EWHC 1735 (Ch) (22 June 2011)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
Babakandi v Westminster City Council [2011] EWHC 1756 (Admin) (06 July 2011)
High Court (Technology and Construction Court)
Fenice Investments Inc v Erram Falkus Construction Ltd [2011] EWHC 1678 (TCC) (06 July 2011)
Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1679 (TCC) (06 July 2011)
Source: www.bailii.org
FOI requests grow to numbers not seen since laws’ introduction, says Government – OUT-LAW.com
“The public asked for the release of more information from public bodies at the start of this year than at any time since the immediate aftermath of the enactment of freedom of information (FOI) laws, the Government has said.”
OUT-LAW.com, 7th July 2011
Source: www.out-law.com
NML Capital Ltd v Republic of Argentina – WLR Daily
NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220
“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”
WLR Daily, 6th July 2011
Source: www.iclr.co.uk
Joujou and others v Masri – WLR Daily
Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219
“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”
WLR Daily, 28th June 2011
Source: www.iclr.co.uk
Regina (McDonald) v Kensington and Chelsea Royal London Borough Council – WLR Daily
“A local authority had been entitled to withdraw the funding for a night-time carer to assist a disabled person to use a commode when required, and to instead provide her with incontinence pads to wear at night.”
WLR Daily, 6th July 2011
Source: www.iclr.co.uk
Mereworth v Ministry of Justice – WLR Daily
Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch); [2011] WLR (D) 217
“The court did not have jurisdiction to decide whether a hereditary peer was entitled to a writ of summons thereby entitling him to sit and vote in the House of Lords. That question fell within the exclusive cognisance of Parliament and was a matter for the Committee for Privileges.”
WLR Daily, 23rd May 2011
Source: www.iclr.co.uk
Judicial response to Victims Commissioner’s Report, Review into the Needs of Families Bereaved by Homicide – Judiciary of England and Wales
“This review by the Commissioner for Victims and Witnesses raises issues that need debating, especially in the light of recent cases. The judiciary will give this report close attention alongside the draft Directive on victims issued by the Commission in May which they are already considering carefully.”
Judiciary of England and Wales, 6th July 2011
Source: www.judiciary.gov.uk
Choosing the right judges – Law Society’s Gazette
“There are many mysterious features of the legal world that baffle clients.
But there is perhaps none quite so surprising as when they discover that the judge about to hear their case has little experience in the field of law with which their case is concerned.”
Law Society’s Gazette, 7th July 2011
Source: www.lawgazette.co.uk
Court to decide Catholic church liability for priest abuse – The Guardian
“The Roman Catholic church’s liability for the wrongdoings of its priests is being tested in a high court hearing that could have a significant impact on clerical sexual abuse cases.”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
Solicitors and others remain divided over desirability of the government’s civil justice reforms – Law Society’s Gazette
“In The Legal Aid, Sentencing and Punishment of Offenders Bill, the government conceded remarkably little following extensive – though hardly protracted – periods of consultation.”
Law Society’s Gazette, 7th July 2011
Source: www.lawgazette.co.uk
Judge fears for elderly after former ballerina denied night care – The Guardian
“A judge said she was troubled by the implications of a supreme court decision against a former ballerina which campaigners say could lead to the elderly being ‘warehoused’ at home ‘without regard to their quality of life’.”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
Human rights blamed for sharp rise in prisoner legal aid – Daily Telegraph
“Taxpayers are funding almost £70,000 a day on legal aid for prisoners after a 25-fold increase in the last decade.”
Daily Telegraph, 7th July 2011
Source: www.telegraph.co.uk
Man sentenced to 10 years for trying to kill wife with electric chair – The Guardian
“When Andrew Castle’s wife of 18 years asked him for a divorce, his response was to rig up a homemade electric chair in his garage and try to kill her.”
Full story
The Guardian, 6th July 2011
Source: www.guardian.co.uk
NHS ‘above the law’ in legal aid reforms – Law Society’s Gazette
“The government is putting the NHS ‘above the law’ with its proposed legal aid reforms and changes to the ‘no win, no fee’ arrangements, the Gazette has been told.”
Law Society’s Gazette, 7th July 2011
Source: www.lawgazette.co.uk
Lawyers to boycott UK torture inquiry as rights groups label it a sham – The Guardian
“The government’s plans for an inquiry into the UK’s role in torture and rendition after 9/11 are in disarray after human rights groups queued up to denounce it as a sham and lawyers for the victims said they were boycotting the hearings.”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
‘Gold-digger’ jailed over OAP con – The Independent
“A serial conwoman was back behind bars tonight after getting up to her ‘old tricks’ of befriending elderly men through lonely hearts columns before fleecing them of their savings.”
The Independent, 6th July 2011
Source: www.independent.co.uk
Media needs to get facts straight on immigrants’ rights – The Guardian
“The news that the government is about to undertake a public consultation on family reunion policies for immigrants has been greeted with a barrage of inaccurate media reports. This is especially true when it comes to reporting on the current state of play in UK law and the use of article 8 of the European Convention on Human Rights (ECHR), which sets out a right to privacy and family life.”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
