BAILII: Recent Decisions

Posted February 24th, 2011 in law reports by sally

Supreme Court

London Borough of Hounslow v Powell [2011] UKSC 8 (23 February 2011)

Forsyth, R v [2011] UKSC 9 (23 February 2011)

Court of Appeal (Civil Division)

Daley- Murdock, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 161 (23 February 2011)

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162 (23 February 2011)

Berezovsky v Abramovich [2011] EWCA Civ 153 (23 February 2011)

007 Stratford Taxis Ltd., R (on the application of) v Stratford On Avon District Council [2011] EWCA Civ 160 (23 February 2011)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd & Anor [2011] EWCA Civ 163 (23 February 2011)

Mirza & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 159 (23 February 2011)

High Court (Chancery Division)

CMCS Common Market Commercial Services AVV v Taylor [2011] EWHC 324 (Ch) (23 February 2011)

Irwin v Wilson & Ors [2011] EWHC 326 (Ch) (23 February 2011)

High Court (Queen’s Bench Division)

Mugweni v NHS London [2011] EWHC 334 (QB) (23 February 2011)

High Court (Administrative Court)

Western Power Distribution Investments Ltd. v Cardiff County Council [2011] EWHC 300 (Admin) (23 February 2011)

SM, R (on the application of) v FM [2011] EWHC 338 (Admin) (23 February 2011)

High Court (Commercial Court)

Melinda Holdings SA v Hellenic Mutual War Risks Association (Bermuda) Ltd [2011] EWHC 181 (Comm) (18 February 2011)

High Court (Technology and Construction Court)

Lansdowne House (St George’s Hill) Ltd v Liberty Syndicate Management Ltd & Anor [2011] EWHC 332 (TCC) (23 February 2011)

Source: www.bailii.org

Proposals for the Reform of Legal Aid in England and Wales – Judiciary of England and Wales

Posted February 24th, 2011 in consultations, judiciary, legal aid, news by sally

“The judiciary’s co-ordinated response to the Government’s legal aid consultation paper is published today. It was drawn up by a sub-committee of the Judges’ Council (the body which represents all levels of the judiciary, and is chaired by the Lord Chief Justice).”

Full story

Judiciary of England and Wales, 24th February 2011

Source: www.judiciary.gov.uk

Baxter v Mannion – WLR Daily

Posted February 24th, 2011 in appeals, land registration, law reports, limitations, mistake by sally

Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54

“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”

WLR Daily, 23rd February 2011

Source: www.lawreports.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.

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) – WLR Daily

Posted February 24th, 2011 in burden of proof, EC law, law reports, trade marks by sally

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) (Case T-222/09); [2011] WLR (D) 53

“In opposition proceedings against registration of a trade mark pursuant to article 42 of Council Regulation (EC) No 40/94, the opposing party was not obliged to adduce evidence in support of the opposition. Whilst in relation to proceedings relating to relative grounds for refusal the Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) could take into account facts which were likely to be known by anyone or which might be learned from generally accessible sources, it was not, however, entitled to exceed the conditions governing examination set out in article 74 of Regulation 40/94.”

WLR Daily, 23rd February 2011

Source: www.lawreports.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.

Regina v Forsyth; Regina v Mabey – WLR Daily

Posted February 24th, 2011 in international law, law reports, orders in council, Supreme Court, ultra vires, United Nations by sally

Regina v Forsyth; Regina v Mabey [2011] UKSC 9; [2011] WLR (D) 52

“The power under section 1(1) of the United Nations Act 1946 to create a criminal offence by Order in Council so as to enforce a United Nations Security Council Resolution was not restricted to use at or about the same time as when the Resolution had been passed.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

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

Judge criticises CPS for prosecuting man for pictures available in bookshops – Daily Telegraph

Posted February 24th, 2011 in appeals, Crown Prosecution Service, indecent photographs of children, jury directions, news, publishing by sally

“A top judge has queried why a man was prosecuted for possessing ‘indecent’ images of children – when the photos were available for sale in a string of respectable mainstream bookshops.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

Justice system delays endemic, research shows – Law Society’s Gazette

Posted February 24th, 2011 in criminal justice, criminal procedure, delay, legal profession, news, police, probation by sally

“Law Society research submitted to the government last week has identified a ‘lack of communication’ pervading the justice system that is causing delays throughout the process.”

Full story

Law Society’s Gazette, 24th February 2011

Source: www.lawgazette.co.uk

MPs’ expenses: David Chaytor to challenge sentence – BBC News

Posted February 24th, 2011 in appeals, expenses, false accounting, news, sentencing by sally

“Former Labour MP David Chaytor has launched a bid to challenge his jail sentence for fiddling his expenses.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Bar leaders warn of impact of tuition hikes on diversity – Legal Week

Posted February 24th, 2011 in barristers, education, equality, fees, news, universities by sally

“Leading figures at the Bar including former Lord Chancellor Lord Falconer, Bar council chairman Nicholas Green QC and chair of the Bar Standards Board Baroness Ruth Deech have called for the Bar to take action to improve diversity in anticipation of hikes in university tuition fees.”

Full story

Legal Week, 24th February 2011

Source: www.legalweek.com

George Davis in court 40 years after robbery that sent him to jail – The Guardian

Posted February 24th, 2011 in appeals, Criminal Cases Review Commission, miscarriage of justice, news, robbery, royal prerogative, wounding by sally

“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

How a lawyer can change their specialist practice area – Law Society’s Gazette

Posted February 24th, 2011 in legal profession, news, solicitors by sally

“It is a common observation among middle-aged lawyers that the increasing need to specialise very early in a legal career has changed the face of the profession. Time spent in a more general or rounded practice has been much reduced, leading to a situation where lawyers are making key decisions about their future specialism much earlier.”

Full story

Law Society’s Gazette, 24th February 2011

Source: www.lawgazette.co.uk

Plymouth hospital threatened with safety prosecution – BBC News

Posted February 24th, 2011 in health & safety, hospitals, news, standards by sally

“The Plymouth NHS Hospitals Trust must improve safety – including preventing swabs being left in patients – or risk prosecution, a watchdog has said.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Crisis of identity: why English law needs to protect our personalities – The Guardian

Posted February 24th, 2011 in confidentiality, defamation, freedom of expression, media, news by sally

“Portrayals of real people in docudramas and novels have made millions for authors and film-makers. But what of their subjects?”

Full story

The Guardian, 23rd February 2011

Source: www.guardian.co.uk

Rival guilty of paedophile slur against MP Mike Hancock – BBC News

Posted February 24th, 2011 in defamation, elections, fines, news by sally

“A rival who falsely claimed a Liberal Democrat MP was a paedophile has been convicted of attempting to affect a result in the general election.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

NHS chiefs back calls to reform assisted suicide law – Daily Telegraph

Posted February 24th, 2011 in assisted suicide, euthanasia, hospitals, news by sally

“One of England’s largest health authorities has said it is not opposed to assisted suicide and called for a change in the law to give patients more ‘choice’ over how they die.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

Tuition fees: Teenagers seek human rights judicial review – The Guardian

Posted February 24th, 2011 in education, fees, human rights, judicial review, news, universities by sally

“Two teenagers are seeking a judicial review into the government’s decision to allow university tuition fees to almost treble to up to £9,000 from next year.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

More separating couples to be spared court battles – Ministry of Justice

Posted February 23rd, 2011 in dispute resolution, divorce, news by sally

“Anyone setting out to contest the terms of their separation in court will first be required to consider mediation, under a new protocol agreed with the Judiciary.”

Full story

Ministry of Justice, 23rd February 2011

Source: www.justice.gov.uk

Torture inquiry is legally flawed, say rights groups as NGOs ponder boycott – The Guardian

Posted February 23rd, 2011 in inquiries, news, rendition, torture by sally

“An inquiry set up by David Cameron to examine Britain’s involvement in torture and rendition since 9/11 is running into trouble even before it has begun hearing evidence, with human rights organisations warning that it will fail to meet the UK’s obligations under international and domestic law.”

Full story

The Guardian, 23rd February 2011

Source: www.guardian.co.uk

Oversupply of lawyers to drive down costs, says Green – Law Society’s Gazette

Posted February 23rd, 2011 in legal services, news, paralegals, remuneration by sally

“The oversupply of qualified lawyers denied entry to the profession has led to a ‘burgeoning body of paralegals’ that will have a profound effect on solicitors and barristers, former bar chairman Nick Green QC said last week.”

Full story

Law Society’s Gazette, 23rd February 2011

Source: www.lawgazette.co.uk

Library cuts in Somerset and Gloucestershire challenged – BBC News

Posted February 23rd, 2011 in budgets, judicial review, libraries, local government, news by sally

“A High Court challenge is being launched over public library closures.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk