BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Kuku, R. v [2010] EWCA Crim 2533 (13 October 2010)
Court of Appeal (Civil Division)
KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors [2010] EWCA Civ 1260 (18 November 2010)
Starglade Properties Ltd v Nash [2010] EWCA Civ 1314 (19 November 2010)
Tilson v Alstom Transport [2010] EWCA Civ 1308 (19 November 2010)
Ingram v Williams [2010] EWCA Civ 1313 (19 November 2010)
High Court (Queen’s Bench Division)
JIH v News Group Newspapers Ltd (No. 2) [2010] EWHC 2979 (QB) (18 November 2010)
High Court (Chancery Division)
Tim Martin Interiors Ltd. v Akin Gump Llp [2010] EWHC 2951 (Ch) (17 November 2010)
Pearson & Ors v Lehman Brothers Finance SA & Ors [2010] EWHC 2914 (Ch) (19 November 2010)
High Court (Administrative Court)
Office of the Prosecutor General of Turin v Barone [2010] EWHC 3004 (Admin) (19 November 2010)
High Court (Patents Court)
Cephalon, Inc & Ors v Orchid Europe Ltd & Anor [2010] EWHC 2945 (Pat) (19 November 2010)
Source: www.bailii.org
Emerald Supplies Ltd and another v British Airways plc – WLR Daily
Emerald Supplies Ltd and another v British Airways plc [2010] EWCA Civ 1284; [2010] WLR (D) 294
“For a case to fall within CPR r 19.6, a claimant who had brought a representative action on behalf of the claimant and other representative claimants had to show at all stages of the proceedings that the interest of the claimant and all potential represented claimants was same.”
WLR Daily, 19th November 2010
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.
Pc dismissed for raping woman in police locker room – BBC News
“A Metropolitan Police (Met) officer has been dismissed for raping a woman in a police locker room.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
Ministers plan to close jails as part of bid to cut number of prisoners – The Guardian
“The government wants to close two jails in anticipation of a raft of new policies aimed at cutting the prison population. The probation officers’ union, Napo, said it had learned that the government was considering the closure of Dartmoor and Lancaster Castle prisons, returning them to the duchies of Cornwall and Lancaster.”
The Guardian, 21st November 2010
Source: www.guardian.co.uk
Legal aid cuts could make pro bono work a social duty for law firms – The Guardian
“Is it a good idea to rely on organisations whose priority is making money to provide legal advice for those who can’t afford it?”
The Guardian, 19th November 2010
Source: www.guardian.co.uk
Council house tenants set for eviction rule change – The Guardian
Councils are to be given powers to evict or transfer new tenants after as little as two years if their financial circumstances improve, under plans to be unveiled tomorrow.
The Guardian, 21st November 2010
Source: www.guardian.co.uk
Google agrees to delete private data gathered by Street View cars – The Independent
“Google has agreed to delete all the personal data its Street View cars collected from unsecured wireless networks and will introduce new training and guidance for its staff, the Information Commissioner said yesterday.”
The Independent, 20th November 2010
Source: www.independent.co.uk
Maidstone hospital error leads to £4.5m pay-out – BBC News
“The husband of a woman left brain damaged by a delay in treating a tumour has said a £4.5m compensation pay-out cannot make up for what she has lost.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
Theresa May drops plans for stop-and-search laws targeting ethnic minorities – The Guardian
“Controversial plan to bring back police ‘sus’ stop-and-search laws targeting black and Asian people axed by Theresa May.”
The Guardian, 18th November 2010
Source: www.guardian.co.uk
Polluting plant nursery in Norfolk is fined – BBC News
“A plant nursery has has been fined £10,000 after polluting five miles of a stream in Norfolk.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
Girl sentenced over Wolverhampton war memorial graffiti – BBC News
“A teenage girl who vandalised a city’s cenotaph has been told her actions were ‘despicable’.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
Governments should have to justify privacy-affecting laws, says ICO – OUT-LAW.com
“Governments should be forced to report on the impact of laws which affect citizens’ privacy after they have come into force, telling Parliament whether those laws have worked and what privacy rights have been infringed, the UK’s privacy watchdog has said.”
OUT-LAW.com, 18th November 2010
Source: www.out-law.com
Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com
“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”
Full story
OUT-LAW.com, 18th November 2010
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Whitney v Monster Worldwide Ltd [2010] EWCA Civ 1312 (18 November 2010)
Emerald Supplies Ltd & Anor v British Airways Plc [2010] EWCA Civ 1284 (18 November 2010)
Court of Appeal (Criminal Division)
Ali v The Crown [2010] EWCA Crim 2665 (18 November 2010)
High Court (Administrative Court)
Flattery & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWHC 2868 (Admin) (18 November 2010)
High Court (Commercial Court)
Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)
High Court (Queen’s Bench Division)
Fallon (A Child) v Wilson [2010] EWHC 2978 (QB) (18 November 2010)
Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010] EWHC 2867 (QB) (18 November 2010)
Source: www.bailii.org
Government rethinks TUPE stance – Law Society’s Gazette
“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”
Law Society’s Gazette, 18th November 2010
Source: www.lawgazette.co.uk
Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily
“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”
WLR Daily, 18th November 2010
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.
C v D and another – WLR Daily
C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292
“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”
WLR Daily, 18th November 2010
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.
Kenneth Clarke reaffirms commitment to rights and freedoms – Mnistry of Justice
“Justice Secretary Kenneth Clarke has reaffirmed the Government’s commitment to rights and freedoms in the UK and to the European Convention on Human Rights.”
Ministry of Justice, 18th November 2010
Source: www.justice.gov.uk
