BAILII: Recent Decisions

Posted March 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

(H) v R. [2011] EWCA Crim 730 (29 March 2011)

Court of Appeal (Civil Division)

Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2011] EWCA Civ 330 (29 March 2011)

Schütz (UK) Ltd v Werit (UK) Ltd [2011] EWCA Civ 303 (29 March 2011)

Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor [2011] EWCA Civ 302 (29 March 2011)

Faulkner, R (on the application of) v Secretary of State for Justice the Parole Board [2011] EWCA Civ 349 (29 March 2011)

Brookes v HSBC Bank Plc [2011] EWCA Civ 354 (29 March 2011)

Lee v Secretary of State for the Home Department [2011] EWCA Civ 348 (29 March 2011)

High Court (Administrative Court)

Mehmet, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 741 (Admin) (29 March 2011)

High Court (Chancery Division)

Moore v Williamson & Ors [2011] EWHC 672 (Ch) (29 March 2011)

High Court (Family Division)

DE v AB [2010] EWHC 3792 (Fam) (30 November 2010)

High Court (Commercial Court)

Bank Leumi (UK) Plc v Wachner [2011] EWHC 656 (Comm) (22 March 2011)

Source: www.bailii.org

MPs warn against legal aid reforms in divorce cases – The Guardian

Posted March 30th, 2011 in divorce, domestic violence, legal aid, news by sally

“Making eligibility for legal aid in divorce and custody cases dependent on accusations of domestic violence will create a ‘perverse incentive’ that encourages false allegations, according to a group of MPs.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Superinjunction scores legal first for nameless financier in libel action – The Guardian

Posted March 30th, 2011 in anonymity, defamation, freedom of expression, injunctions, internet, news by sally

“A wealthy financier involved in a family dispute has made British legal history by winning anonymity in a libel case. This latest court attempt to censor internet material has led to claims that free speech is being further eroded in Britain.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Guidance notes on Bribery Act suggest common sense will rule – The Independent

Posted March 30th, 2011 in bribery, corruption, legislation, news by sally

“The Government’s guidance on the controversial Bribery Act is to offer an olive branch to business as its publication today kicks off the three-month countdown to the act becoming law.”

Full story

The Independent, 30th March 2011

Source: www.independent.co.uk

Forensics cut will be ‘disastrous’ for victims of injustice – The Guardian

Posted March 30th, 2011 in Criminal Cases Review Commission, forensic science, miscarriage of justice, news, victims by sally

“Miscarriages of justice will not be corrected and public confidence in the criminal justice system will be damaged if proposed changes to the forensic science service go ahead, according to Richard Foster, chairman of the criminal cases review commission.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Legal aid change may hit the vulnerable hardest say MPs – BBC News

Posted March 30th, 2011 in legal aid, news by sally

“MPs say vulnerable groups may be disproportionately affected by a shake-up of civil legal aid in England and Wales and want it to be ‘refined’.”

Full story

BBC News, 30th March 2011

Source: www.bbc.co.uk

UK Uncut arrests threaten future protests, lawyer warns – The Guardian

Posted March 30th, 2011 in criminal damage, demonstrations, detention, news, police, trespass by sally

“A lawyer at a leading civil liberties firm has expressed fears for the future of direct action protest after the mass arrest of UK Uncut activists during last Saturday’s anti-cuts demonstrations in London.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Naked burglar fails to get jail sentence overturned – BBC News

Posted March 30th, 2011 in appeals, burglary, drug abuse, indecent exposure, news, sentencing, trespass by sally

“A naked burglar who broke into the homes of two families has failed to persuade judges that his indefinite jail term was unfair.”

Full story

BBC News, 29th March 2011

Source: www.bbc.co.uk

Price of suing the NHS too high – The Guardian

Posted March 30th, 2011 in compensation, costs, hospitals, medical treatment, negligence, news by sally

“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Criminal cases review commission: the last bastion of hope – The Guardian

Posted March 30th, 2011 in Criminal Cases Review Commission, miscarriage of justice, news by sally

“Inside the independent body set up to investigate miscarriages of justice after the court of appeal has thrown them out.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No. 125 of 2010 [2011] EWCA Crim 640 (02 March 2011)

Attorney General’s Reference No. 77 of 2010 [2011] EWCA Crim 636 (02 March 2011)

Messent, R. v [2011] EWCA Crim 644 (01 March 2011)

Vasili, R. v [2011] EWCA Crim 615 (23 February 2011)

Court of Appeal (Civil Division)

Co-Operative Group (CWS) Ltd v Pritchard [2011] EWCA Civ 329 (25 March 2011)

High Court (Chancery Division)

Lehman Brothers Special Financing Inc v Carlton Communications Ltd [2011] EWHC 718 (Ch) (28 March 2011)

High Court (Family Division)

Al- Saedy v Musawi [2010] EWHC 3293 (Fam) (29 October 2010)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 587 (Comm) (28 March 2011)

Source: www.bailii.org

Employment law changes could ‘disproportionately affect women’ – Law Society’s Gazette

Posted March 30th, 2011 in employment, news, small businesses, women by sally

“Changes to employment laws announced in last week’s budget are encouraging for small employers but could disproportionately affect women, solicitors have warned.”

Full story

Law Society’s Gazette, 30th March 2011

Source: www.lawgazette.co.uk

Kenneth Clarke unveils plans to tackle compensation culture – The Guardian

Posted March 30th, 2011 in compensation, costs, fees, lord chancellor, news, small claims by sally

“Proposals to tackle Britain’s ‘damaging compensation culture’, control legal costs and divert cases from courtrooms into online resolution have been unveiled by the justice secretary.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Independent press crucial to the administration of justice, says lord chief justice – The Guardian

Posted March 30th, 2011 in judges, judiciary, lectures, media, news by sally

“An independent press is crucial to the administration of justice, the lord chief justice of England and Wales said during a lecture in Israel on Monday night.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Related link: The Judiciary and the Media (PDF)

Cyber-stalking should be a criminal offence, MPs say – BBC News

Posted March 30th, 2011 in harassment, internet, news by sally

“Cyber-stalking should be made a criminal offence, says a group of MPs calling for an overhaul of the law.”

Full story

BBC News, 30th March 2011

Source: www.bbc.co.uk

We need a more diverse supreme court – The Guardian

Posted March 30th, 2011 in diversity, news, Supreme Court, women by sally

“Just two weeks after it was reported that women in the legal professions are still finding it difficult to break through the glass ceiling, here comes another setback. Though an official announcement has yet to be made, it seems that the next two appointments to the supreme court will be men.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Beshenivsky killer Mustaf Jama loses appeal – BBC News

Posted March 30th, 2011 in appeals, gangs, murder, news, police by sally

“A man who murdered a Bradford policewoman during a bungled robbery has lost an appeal against his conviction.”

Full story

BBC News, 28th March 2011

Source: www.bbc.co.uk

Drug runners to avoid prison under sentencing guidelines – Daily Telegraph

Posted March 30th, 2011 in detention, drug offences, drug trafficking, news, sentencing by sally

“Drug runners and small–scale dealers could escape prison even if caught with a 50–gram bag of cocaine or heroin or dozens of Ecstasy pills, under planned new guidance for courts.”

Full story

Daily Telegraph, 28th March 2011

Source: www.telegraph.co.uk

MoD pays £1.3m compensation to Afghans for death, injury and damage – The Guardian

Posted March 30th, 2011 in Afghanistan, compensation, news, war by sally

“Afghan civilians compensated for deaths, injuries and property damage caused by British forces received £1.3m last year from the Ministry of Defence – but this was, on average, less than half of what they asked for.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Politicians to blame for human rights rulings, says judge – Daily Telegraph

Posted March 30th, 2011 in human rights, judges, judgments, news, sentencing by sally

“Politicians should stop criticising human rights ruling as they are to blame for tying the hands of courts, the country’s most senior judge signalled yesterday.”

Full story

Daily Telegraph, 29th March 2011

Source: www.telegraph.co.uk