BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for Justice v Slee [2011] EWCA Civ 23 (24 January 2011)
High Court (Commercial Court)
Source: www.bailii.org
Ex-Guantánamo inmates take on MI5 and MI6 over courtoom secrecy – The Guardian
“An attempt by MI5 and MI6 to extend courtroom secrecy has led to a legal battle at the supreme court, with lawyers representing former Guantánamo inmates and the media denouncing the proposal as ‘unconstitutional and excessive’.”
The Guardian, 24th January 2011
Source: www.guardian.co.uk
CLECE SA v Martín Valor and another – WLR Daily
CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12
“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”
WLR Daily, 24th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Law firm ACS: Law stops ‘chasing illegal file-sharers’ – BBC News
“A lawyer has dramatically withdrawn from pursuing alleged illegal file-sharers in the middle of a court case he brought.”
BBC News, 25th January 2011
Source: www.bbc.co.uk
Phone-hacking scandal: DPP orders ‘robust approach’ – The Guardian
“The Crown Prosecution Service is to adopt a ‘robust approach’ in examining ‘recent or new substantive allegations’ of phone hacking.”
The Guardian, 25th January 2011
Source: www.guardian.co.uk
Banks launch PPI challenge in high court – The Guardian
“High street banks will launch a high court challenge today against rules controlling their handling of complaints about payment protection insurance (PPI).”
The Guardian, 25th January 2011
Source: www.guardian.co.uk
Privacy watchdog urges stronger data protection in EU law review – OUT-LAW.com
“Organisations which lose personal data should be forced to disclose the data security breach, the European Union’s privacy watchdog has said. Planned changes to EU privacy law do not go far enough, said the official.”
OUT-LAW.com, 24th January 2011
Source: www.out-law.com
Why lawyers who fall foul of the legal watchdog should be named – The Guardian
“Complaints are the legal profession’s achilles heel. It was the Law Society’s failure to deal properly with complaints against solicitors in the late 1990s that helped trigger the reform process that led to the Legal Services Act 2007 – and a key element of the act is the new, independent Legal Ombudsman (LEO) service.”
The Guardian, 24th January 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Carter-Ruck (A Firm) v Mireskandari [2011] EWHC 24 (QB) (21 January 2011)
High Court (Chancery Division)
Howard v Howard-Lawson [2011] EWHC 63 (Ch) (21 January 2011)
High Court (Family Division)
CW v NT & Anor [2011] EWHC 33 (Fam) (21 January 2011)
High Court (Administrative Court)
Hughes (Setting of Minimum Term) [2011] EWHC 65 (Admin) (21 January 2011)
Brennan v Health Professions Council [2011] EWHC 41 (Admin) (21 January 2011)
Source: www.bailii.org
Masri v Consolidated Contractors International Co SAL and another (No 2) – WLR Daily
“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”
WLR Daily, 21st Janaury 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v Twomey and others (No 2) – WLR Daily
Regina v Twomey and others (No 2) [2011] EWCA Crim 8; [2011] WLR (D) 10
“The question whether a trial should proceed as a trial by judge and jury or trial by judge alone was concerned exclusively with the mode of trial, and the process of deciding whether the guilt of the defendant was established was entirely distinct from the question of how the tribunal responsible for making that decision was constituted.”
WLR Daily, 21st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
TW v A City Council – WLR Daily
TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9
“The profession needed to be reminded that the relevant authorities should be copied from the official Law Reports (published by the Incorporated Council of Law Reporting for England and Wales), and only if not should reports from the All England Law Reports (‘All ER’) or a specialist law report series be included. In addition if a case was reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. British and Irish Legal Information Institute (‘BAILII’) judgments (with neutral citation numbers) should only be used if no other recognised reports were available.”
WLR Daily, 21st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Swain-Mason and others v Mills & Reeve (a firm) – WLR Daily
Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D)
“In determining whether to grant a late application to amend a pleading a balance was always to be struck. The court was concerned with doing justice, but justice to all litigants, and thus where a last-minute amendment was sought the onus would be heavy on the amending party to show the strength of the new case and why justice to him, his opponent and other litigants required him to be able to pursue it.”
WLR Daily, 21st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hackney London Borough Council v Findlay – WLR Daily
Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7
“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”
WLR Daily, 21st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v Iqbal (Shaid) – WLR Daily
Regina v Iqbal (Shaid) [2011] WLR (D) 6
“The common law offence of escape from lawful custody did not cover those who escaped from detention or control before they were arrested.”
WLR Daily, 21st January 2011
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Already-published information ensures anonymity for privacy case subject, rules court – OUT-LAW.com
“The identity of a person at the centre of an alleged photograph and video blackmail attempt can stay anonymous, the High Court has ruled. Anonymity is required because some information about the case is already in the public domain, it said.”
OUT-LAW.com, 24th January 2011
Source: www.out-law.com
High risk criminals given community orders – Daily Telegraph
“Thousands of dangerous criminals are handed community sentences every year despite being a high risk to the public, The Daily Telegraph can disclose.”
Daily Telegraph, 24th January 2011
Source: www.telegraph.co.uk
Intelligence agencies go to supreme court over ruling on secret evidence – The Guardian
“MI5 and MI6 will argue in a test case before the supreme court tomorrow that in future no intelligence gathered abroad, even if initially obtained through torture, should ever be disclosed in a British court.”
The Guardian, 23rd January 2011
Source: www.guardian.co.uk
Legal aid change prompts concerns in Wales – BBC News
“Legal professionals in Wales have expressed concerns about reforms to the legal aid system.”
BBC News, 23rd Janaury 2011
Source: www.bbc.co.uk
