BAILII: Recent Decisions
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)
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)
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)
SM, R (on the application of) v FM [2011] EWHC 338 (Admin) (23 February 2011)
High Court (Commercial Court)
High Court (Technology and Construction Court)
Source: www.bailii.org
Proposals for the Reform of Legal Aid in England and Wales – Judiciary of England and Wales
“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).”
Judiciary of England and Wales, 24th February 2011
Source: www.judiciary.gov.uk
Baxter v Mannion – WLR Daily
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
“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
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
“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.”
Daily Telegraph, 24th February 2011
Source: www.telegraph.co.uk
Justice system delays endemic, research shows – Law Society’s Gazette
“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.”
Law Society’s Gazette, 24th February 2011
Source: www.lawgazette.co.uk
MPs’ expenses: David Chaytor to challenge sentence – BBC News
“Former Labour MP David Chaytor has launched a bid to challenge his jail sentence for fiddling his expenses.”
BBC News, 23rd February 2011
Source: www.bbc.co.uk
George Davis in court 40 years after robbery that sent him to jail – The Guardian
“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”
The Guardian, 24th February 2011
Source: www.guardian.co.uk
How a lawyer can change their specialist practice area – Law Society’s Gazette
“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.”
Law Society’s Gazette, 24th February 2011
Source: www.lawgazette.co.uk
Plymouth hospital threatened with safety prosecution – BBC News
“The Plymouth NHS Hospitals Trust must improve safety – including preventing swabs being left in patients – or risk prosecution, a watchdog has said.”
BBC News, 23rd February 2011
Source: www.bbc.co.uk
Crisis of identity: why English law needs to protect our personalities – The Guardian
“Portrayals of real people in docudramas and novels have made millions for authors and film-makers. But what of their subjects?”
The Guardian, 23rd February 2011
Source: www.guardian.co.uk
Rival guilty of paedophile slur against MP Mike Hancock – BBC News
“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.”
BBC News, 23rd February 2011
Source: www.bbc.co.uk
NHS chiefs back calls to reform assisted suicide law – Daily Telegraph
“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.”
Daily Telegraph, 24th February 2011
Source: www.telegraph.co.uk
Tuition fees: Teenagers seek human rights judicial review – The Guardian
“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.”
The Guardian, 24th February 2011
Source: www.guardian.co.uk
More separating couples to be spared court battles – Ministry of Justice
“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.”
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
“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.”
The Guardian, 23rd February 2011
Source: www.guardian.co.uk
Oversupply of lawyers to drive down costs, says Green – Law Society’s Gazette
“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.”
Law Society’s Gazette, 23rd February 2011
Source: www.lawgazette.co.uk
