BAILII: Recent Decisions

Posted May 17th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Dizaei v R. [2011] EWCA Crim 1174 (16 May 2011)

Court of Appeal (Civil Division)

Avon Estates Ltd v Welsh Ministers & Anor [2011] EWCA Civ 553 (16 May 2011)

High Court (Queen’s Bench)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1232 (QB) (16 May 2011)

Furmedge & Ors v Chester -Le -Street District Council [2011] EWHC 1226 (QB) (16 May 2011)

High Court (Family Division)

Mekarska (Wife) v Ruiz (Husband) [2011] EWHC 913 (Fam) (09 May 2011)

K (A Child), Re [2011] EWHC 1082 (Fam) (16 May 2011)

High Court (Administrative Court)

Williams, R (On the Application Of) v Merseyside Police Authority [2011] EWHC 1119 (Admin) (05 May 2011)

High Court (Commercial Court)

Carboex SA v Louis Dreyfus Commodities Suisse SA [2011] EWHC 1165 (Comm) (12 May 2011)

Source: www.bailii.org

MSD Sharp & Dohme GmbH v Merckle GmbH – WLR Daily

Posted May 17th, 2011 in advertising, consumer protection, EC law, internet, law reports, medicines by sally

MSD Sharp & Dohme GmbH v Merckle GmbH (Case C-316/09); [2011] WLR (D) 159

“The dissemination on a website by a pharmaceutical undertaking of information relating to medicinal products available on medical prescription only, which consisted in the reproduction of the packaging, and in the literal and complete reproduction of the package leaflet or summary of the product’s characteristics, was not contrary to article 88(1)(a) of Parliament and Council Directive 2001/83/EC, as amended, prohibiting advertising to the general public of medicinal products available on medical prescription only. The dissemination of such information which had been rewritten by the manufacturer and which could only be explained by an advertising purpose was prohibited.”

WLR Daily, 5th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bartlett and others v Secretary of State for Work and Pensions – WLR Daily

Posted May 17th, 2011 in benefits, EC law, freedom of movement, law reports by sally

Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158

“The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and Council Regulation (EC) No 647/2005. The provisions in article 10a of the Regulation and of the amended Regulation making the award of this benefit subject to conditions of residence and presence within the awarding member state were not contrary to the provisions of free movement of persons.”

WLR Daily, 5th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Media lawyers in the driving seat as Mosley crashes and burns in ECHR – The Lawyer

Posted May 17th, 2011 in freedom of expression, human rights, media, news, notification, privacy, public interest by sally

“The European Court of Human Rights (ECHR) won favour with newspaper media lawyers last week after it rejected a bid by ­former International ­Automobile Federation (FIA) president Max Mosley to force newspapers to warn people beforehand if they are going to publish details of their private lives.”

Full story

The Lawyer, 16th May 2011

Source: www.thelawyer.com

Ministry of Justice Releases New Action Plan to Promote Legal Services Sector – The Bar Council

Posted May 17th, 2011 in legal services, Ministry of Justice, news by sally

“The Bar Council, which represents barristers in England and Wales, has voiced its support for the Ministry of Justice’s new Action Plan to promote the UK’s legal services sector. The plan has been jointly published by the MoJ and UK Trade and Investment (UKTI), and sets out how the Government, along with key partners, will seek to strengthen the country’s reputation in commercial arbitration, mediation and court services.”

Full story

The Bar Council, 16th May 2011

Source: www.barcouncil.org.uk

Anger as new parental leave law ‘flies in face’ of pledge to cut red tape – Daily Telegraph

Posted May 17th, 2011 in consultations, employment, news, parental rights by sally

“The Government has been accused of ‘saying one thing and doing another’ after bringing in new employment rules less than a week after announcing a review of workplace law.”

Full story

Daily Telegraph, 16th May 2011

Source: www.telegraph.co.uk

Super-injunctions: journalists’ emails could be searched – Daily Telegraph

Posted May 17th, 2011 in electronic mail, injunctions, media, news by sally

“Emails and text messages sent by a former editor of The Sun and all its employees could be searched under an order sought by lawyers for the Premier League footballer.”

Full story

Daily Telegraph, 17th May 2011

Source: www.telegraph.co.uk

Police warned not to misuse anti-terror laws to round up innocent people – The Independent

Posted May 17th, 2011 in news, police, reports, terrorism by sally

“Police must avoid the ‘temptation’ to abuse anti-terrorism laws by using them as a net to round up innocent people – particularly in the run-up to next year’s Olympics, the Government’s terrorism watchdog has warned.”

Full story

The Independent, 17th May 2011

Source: www.independent.co.uk

Extending terrorists’ detention to 28 days will have to be done without knowing details – Daily Telegraph

Posted May 17th, 2011 in detention, news, parliament, terrorism by sally

“Parliament will be forced to vote on extending the pre-charge detention of terrorism suspects to 28 days without knowing the details of the cases involved, the Home Secretary has said.”

Full story

Daily Telegraph, 16th May 2011

Source: www.telegraph.co.uk

Imogen Thomas ‘blackmailed’ superinjunction footballer, judge says – The Guardian

Posted May 17th, 2011 in blackmail, freedom of expression, injunctions, media, news, privacy by sally

“The model Imogen Thomas’s legal fight to name the married footballer with whom she had an affair took a dramatic twist when she found herself accused of allegedly blackmailing the man with demands for first £50,000 and then £100,000.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk

Curtis Warren to appeal in Europe at Jersey conviction – BBC News

Posted May 17th, 2011 in appeals, drug trafficking, human rights, news by sally

“The UK drugs baron Curtis Warren intends to appeal to the European Court of Human Rights against his conviction for importing cannabis into Jersey.”

Full story

BBC News, 16th May 2011

Source: www.bbc.co.uk

MPs call for forced marriage to be made a criminal offence – The Guardian

Posted May 17th, 2011 in crime, forced marriages, news, reports by sally

“Forced marriage should be made a criminal offence to send a stronger message that it will not be tolerated, says a report by a cross-party group of MPs today, which criticises the lack of progress by successive governments on the issue.”

Full story

The Guardian, 17th May 2011

Source: www.guardian.co.uk

Career-long compensation should be rare, says Court of Appeal – OUT-LAW.com

Posted May 16th, 2011 in compensation, news, unfair dismissal by sally

“A company does not have to compensate an employee it has unfairly dismissed for loss of earnings spanning the remainder of the worker’s career if there is a chance the worker could get a job on the same salary in the future, the Court of Appeal has said.”

Full story

OUT-LAW.com, 16th May 2011

Source: www.out-law.com

Ali Dizaei conviction quashed – The Guardian

Posted May 16th, 2011 in appeals, corruption, fraud, news, police, witnesses by sally

“The court of appeal has quashed the conviction of a former police chief who was found guilty by a jury of framing a man.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk

UK cements position as ‘centre of legal excellence’ – Ministry of Justice

Posted May 16th, 2011 in legal services, news by sally

“Plans to strengthen the UK’s reputation as a world leader in legal services were unveiled by Justice Secretary Kenneth Clarke and Minister for Trade and Investment Lord Green today.”

Full story

Ministry of Justice, 16th May 2011

Source: www.justice.gov.uk

Privacy decisions can’t just be left to judges and politicians – The Guardian

Posted May 16th, 2011 in injunctions, media, news, privacy, public interest by sally

“Before an independent review, we need to decide who is entitled to privacy and what constitutes public interest.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk

UK Supreme Court TV launches with live internet coverage – Legal Week

Posted May 16th, 2011 in internet, news, Supreme Court by sally

“Proceedings in the UK Supreme Court can now be watched live over the internet in an effort to make the court more transparent and accessible.”

Full story

Legal Week, 16th May 2011

Source: www.legalweek.com

Imogen Thomas fails in bid to lift gagging order – The Guardian

Posted May 16th, 2011 in injunctions, media, news, privacy by sally

“Imogen Thomas, the former Big Brother contestant whose relationship with a married Premier League footballer was made the subject of a court gagging order, has failed in a joint bid with the Sun to overturn the injunction.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk

London teenagers found guilty over Victoria station killing – The Guardian

Posted May 16th, 2011 in murder, news, young offenders by sally

“Five teenagers have been found guilty of chasing down and killing a schoolboy at Victoria underground station in an attack organised on Facebook.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk

Hargreaves Report will call for an online copyright exchange system, say reports – OUT-LAW.com

Posted May 16th, 2011 in copyright, internet, news by sally

“People and companies will be able to exchange the rights for using copyright material online if new changes to UK copyright law are implemented, according to a newspaper report.”

Full story

OUT-LAW.com, 16th May 2011

Source: www.out-law.com