BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Davis v R. [2011] EWCA Crim 1258 (24 May 2011)
Redmond, R. v [2011] EWCA Crim 203 (24 May 2011)
Smith, R. v [2011] EWCA Crim 1296 (24 May 2011)
Court of Appeal (Civil Division)
Whaley v Whaley [2011] EWCA Civ 617 (24 May 2011)
Best Buy Co Inc & Anor v Worldwide Sales Corporation Espana SL [2011] EWCA Civ 618 (24 May 2011)
Mumtaz Properties Ltd, Re [2011] EWCA Civ 610 (24 May 2011)
High Court (Queen’s Bench Division)
CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1334 (QB) (23 May 2011)
High Court (Chancery Division)
High Court (Administrative Court)
Crown Prosecution Service v Winchester Crown Court [2011] EWHC 1255 (Admin) (06 May 2011)
Source: www.bailii.org
Grand v Gill – WLR Daily
Grand v Gill [2011] EWCA Civ 554; [2011] WLR (D) 172
“Plasterwork was part of the structure of a property, rather than being decoration.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the tenant, Tanya Grand, against the decision of Judge Karsten QC who, on 7 May 2009 at the Central London County Court, when awarding the tenant damages against the landlord, Param Gill, for breach of leasehold covenant in relation to a lease of a flat at 9B Marlborough Parade, Uxbridge Road, Hillingdon, had not included any sum in respect of plaster damage.”
WLR Daily, 19th 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.
Identity theft gang jailed – Home Office
“Eight members of an organised crime group have been sent to jail for more than 24 years for their part in large scale identity fraud and money laundering which resulted in the loss of millions of pounds.”
Home Office, 24th May 2011
Source: www.homeoffice.gov.uk
Gloucester man cleared of murdering baby daughter – BBC News
“A Gloucester man who said he was suffering from post-natal depression has been found not guilty of murdering his baby daughter.”
BBC News, 24th May 2011
Source: www.bbc.co.uk
Lord Wakeham: law must be changed to stop judges handing out gagging orders – Daily Telegraph
“The Human Rights Act should be amended urgently to end the ‘shambles’ of judges gagging newspapers over the private lives of celebrities, the former head of the press watchdog says today (24 May).”
Daily Telegraph, 24th May 2011
Source: www.telegraph.co.uk
Related link: Lord Wakeham on the Human Rights Act – the letter in full
Could Twitter become a threat to the justice system? – BBC News
“During the row over privacy injunctions, critics have emphasised that it is near impossible to stop people revealing information on Twitter. But what if people use it to name victims in rape cases or reveal information from court that could see trials abandoned?”
BBC News, 25th May 2011
Source: www.bbc.co.uk
Injunction publicity backfires on celebrity law firm – The Guardian
“The present furore over superinjunctions is one in the eye for some London firms of celebrity lawyers, who have made large sums out of their new tools of ‘reputation management’.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
The untold story of gagging orders – The Independent
“Hundreds of other reporting restrictions remain in force, and the public knows next to nothing about them.”
The Independent, 25th May 2011
Source: www.independent.co.uk
Gordon Ramsay’s father-in-law fails to retain superinjunction – The Guardian
“A superinjunction obtained by the father-in-law of the television chef Gordon Ramsay has been partially lifted by an order of the court of appeal.”
The Guardian, 25th May 2011
Source: www.guardian.co.uk
Financier seeks to jail sister-in-law over injunction breach – The Guardian
“A wealthy British financier is seeking to have his sister-in-law secretly jailed in a libel case, in the latest escalation of the controversy over superinjunctions and the internet, the Guardian can disclose.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
Recent Statutory Instruments – legislation.gov.uk
The FIRST Option Bonds (Exchange of Securities) Rules 2011
The Export Control (Syria and Miscellaneous Amendments) Order 2011
The Tractor etc (EC Type-Approval) (Amendment) Regulations 2011
The Investment Bank Special Administration (England and Wales) Rules 2011
The Occupational Pension Schemes (Contracting-out) Amendment Regulations 2011
The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2011
Source: www.legislation.gov.uk
Ryan Giggs story could have been stopped by PCC, says Buscombe – The Guardian
“The Press Complaints Commission chair, Baroness Buscombe, has claimed the organisation would have helped stop publication of allegations that Ryan Giggs had an affair with a former reality TV star.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
Only companies put out of business can claim damages based on loss of value, says High Court – OUT-LAW.com
“A company cannot claim for a reduction in its value because of breach of contract unless it has gone out of business, the High Court has said. Damages in all other cases can be based only on the loss of profits caused by the breach, the Court said.”
OUT-LAW.com, 24th May 2011
Source: www.out-law.com
Ratcliffe power station activists launch appeal over undercover evidence – The Guardian
“Twenty environmental activists who were convicted of conspiring to shut down one of the UK’s biggest power stations are to launch an appeal after allegations that police suppressed potentially crucial evidence from an undercover officer.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
Anatomy of an injunction: OPQ v two anonymous others – The Guardian
“We identify the key passages in the judgment handed down allowing an injunction for a man known only as OPQ.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
Foster carer Patrick Gallagher jailed for child sex abuse – BBC News
“An ex-foster father who sexually abused vulnerable boys placed in his care for more than a decade has been told by a judge he ‘should die in jail’.”
BBC News, 24th May 2011
Source: www.bbc.co.uk
Rosemary Nelson inquiry finds security forces did not collude – The Guardian
“The security forces did not collude directly with loyalist paramilitaries who murdered the Northern Ireland solicitor Rosemary Nelson, a public inquiry has concluded.”
The Guardian, 23rd May 2011
Source: www.guardian.co.uk
Related link: Rosemary Nelson Inquiry Report, HC 947 (PDF)
DPP’s statement on the decision to prosecute PC Simon Harwood – The Guardian
“Keir Starmer QC announces that the Met police officer is to face criminal proceedings over the death of Ian Tomlinson.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
Teenage hitman Santre Gayle jailed for Subasi murder – BBC News
“A hitman who was 15 years old when he murdered a woman in east London for £200 has been jailed for life.”
BBC News, 24th May 2011
Source: www.bbc.co.uk
