BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Hoath & Anor, R. v [2011] EWCA Crim 274 (26 January 2011)
Court of Appeal (Civil Division)
P & Q v Surrey County Council [2011] EWCA Civ 190 (28 February 2011)
High Court (Queen’s Bench)
Deir v Athel & Ors [2011] EWHC 354 (QB) (25 February 2011)
High Court (Administrative Court)
Source: www.bailii.org
Lynch v Ceva Logistic Ltd and another – WLR Daily
Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66
“The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its employee as to how to carry out the work.”
WLR Daily, 28th 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.
Gray v News Group Newspapers Ltd and another; Coogan v Same – WLR Daily
Gray v News Group Newspapers Ltd and another; Coogan v Same [2011] EWHC 349 (Ch); [2011] WLR (D) 65
“The words ‘technical or commercial information’ in the definition of ‘intellectual property’ in section 72(5) of the Senior Courts Act 1981, section 72 (1) of which provided for the withdrawal of privilege against self or spousal incrimination in proceedings for, inter alia, infringement of rights pertaining to any intellectual property, meant technical or commercial information which could be protected by action.”
WLR Daily, 28th 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.
Men and women will pay the same for insurance from 2012 – OUT-LAW.com
“Insurance and pensions companies must be stopped from offering different prices and premiums to men and women from December 2012, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 1st March 2011
Source: www.out-law.com
Advertising watchdog to monitor website words – BBC News
“How companies talk about themselves on Twitter feeds or Facebook profiles is to be policed like adverts.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
CPS decision on Atherstone fire deaths: Three fire service managers face charges of manslaughter – Crown Prosecution Service
“Three Warwickshire Fire and Rescue Service managers will face charges of manslaughter by gross negligence for the deaths of four firefighters in a warehouse in Atherstone-on-Stour in 2007, the Crown Prosecution Service (CPS) has decided.”
Crown Prosecution Service, 28th February 2011
Source: www.cps.gov.uk
‘Phobia’ inmate’s bid to finish jail term at home fails – BBC News
“A prisoner who suffers social phobia has lost his legal fight to complete his jail term under curfew at home.”
BBC News, 28th February 2011
Source: www.bbc.co.uk
‘Serious concerns’ over UK Supreme Court change – BBC News
“The Scottish government is to outline its ‘serious concerns’ about plans which it says could threaten the historic independence of Scots law.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
Airline worker found guilty of terrorism offences – Crown Prosecution Service
“Rajib Karim, a software engineer for British Airways (BA), was found guilty today at Woolwich Crown Court of involvement in preparing a ‘chilling plan’ to blow up a passenger plane.”
Crown Prosecution Service, 28th February 2011
Source: www.cps.gov.uk
Could you defend yourself in court? – BBC News
“Legal aid changes in England and Wales could mean hundreds of thousands more people representing themselves in court, judges have warned. So how exactly do you become an amateur lawyer?”
BBC News, 28th February 2011
Source: www.bbc.co.uk
How a secret court was made to open up – The Independent
“The Act of Parliament that created the Court of Protection was pushed through in a hurry, amid an outcry from dozens of MPs, as the government tried to get its outstanding business completed in time for the 2005 general election.”
Full story
The Independent, 1st March 2011
Source: www.independent.co.uk
Court allows journalists into care hearing – The Guardian
“The Guardian and other news organisations have won a court ruling that could open up the care system for people with learning difficulties to public scrutiny.”
The Guardian, 28th February 2011
Source: www.guardian.co.uk
How Protection of Freedoms Bill will work – BBC News
“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
Challenging the cuts: A guide to judicial review – The Guardian
“The coalition government wants to reduce the national deficit by billions, but is facing regular court challenges against its decisions to cut budgets. Some have been successful, such as the challenge to the cancellation of a school building programme and to London Councils’ decision to cut the London boroughs’ grants scheme budget — and there are more to come.”
The Guardian, 28th February 2011
Source: www.guardian.co.uk
Peeping tom jailed over sex film – The Independent
“A man who used his mobile phone to film a couple having sex through their bedroom window before showing it to friends in the pub was jailed for 12 months today.”
The Independent, 28th February 2011
Source: www.independent.co.uk
Insurers set for sex discrimination ruling – BBC News
“Young women could face big increases in the cost of car insurance, if insurers are told that they have to stop quoting different prices for men and women.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
Fresh bid to evict peace campaigner Brian Haw
“The mayor of London has returned to the High Court in a fresh bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”
The Independent, 28th February 2011
Source: www.independent.co.uk
Anti-gay Christian couple lose foster care case – The Guardian
“A Pentecostal Christian couple have lost their high court claim that they were discriminated against by a local authority because they insisted on their right to tell young foster children that homosexuality is morally wrong.”
The Guardian, 28th February 2011
Source: www.guardian.co.uk
Newspaper does not have to identify anonymous commenters, rules High Court – OUT-LAW.com
“The Daily Mail does not have to identify the people behind two anonymously posted comments on its website because to do so would breach their rights to privacy, the High Court has said.”
OUT-LAW.com, 28th February 2011
Source: www.out-law.com
