Month: January 2011
European court deals blow to no win, no fee deals in Naomi Campbell case – The Guardian
“The European court of human rights today (18 January) unanimously ruled that the recovery of success fees by lawyers in privacy and defamation cases represents a significant violation of freedom of expression, in a case brought by the publisher of the Daily Mirror.”
The Guardian, 18th January 2011
Source: www.guardian.co.uk
Related link: Full judgment: Mirror Group News v UK
Segway motor scooter rider loses legal challenge – BBC News
“A man has become the first person in the UK to be successfully prosecuted for riding a Segway scooter on a pavement.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
Father and son convicted of trafficking women into UK prostitution – The Guardian
“A father and son were today convicted of trafficking women into Britain from Romania and forcing them to work as prostitutes.”
The Guardian, 18th January 2011
Source: www.guardian.co.uk
Legal aid cuts ‘deprive drug claimants of day in court’ – BBC News
“Legal aid cuts will make it impossible to challenge pharmaceutical companies in the courts, the BBC has been told.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
Soil Association given libel warning after objection to huge pig farm – The Guardian
“When a charity objected to plans for a pig factory for up to 25,000 animals, they expected a fight. But now the battle looks likely to intensify after the leading London lawyers Carter-Ruck threatened libel proceedings.”
The Guardian, 18th January 2011
Source: www.guardian.co.uk
Government will publish new guidance on bribery law – OUT-LAW.com
“The Government will publish new guidelines on bribery, it has said. The rules will help companies to comply with the Bribery Act which was passed last year.”
OUT-LAW.com, 18th January 2011
Source: www.out-law.com
Bristol gay couple win Cornwall B&B bed ban case – BBC News
“The owners of a hotel who refused to allow a gay couple a double room acted unlawfully, a judge has ruled.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
AVS v A NHS Foundation Trust & Anor [2011] EWCA Civ 7 (17 January 2011)
High Court (Chancery Division)
London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWHC 29 (Ch) (14 January 2011)
Dance v Savery & Ors [2011] EWHC 16 (Ch) (17 January 2011)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
CJ, R (on the application of) v Cardiff County Council [2011] EWHC 23 (Admin) (17 January 2011)
High Court (Technology and Construction Court)
D Morgan Plc v Mace & Jones (A Firm) [No 3] [2011] EWHC 26 (TCC) (17 January 2011)
Redwing Construction Ltd v Wishart [2011] EWHC 19 (TCC) (17 January 2011)
Source: www.bailii.org
Of Smoke and Snails – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Of Smoke and Snails (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
King’s College, London’s Bar Society Annual Dinner, 13 January 2011
Source: www.judiciary.gov.uk
M v Hackney London Borough Council and others – WLR Daily
M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2
“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”
WLR Daily, 17th 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.
Government creates data publishing body
“A single body will be put in charge of how data generated by publicly owned bodies is used, the Government has said. It has outlined plans for a Public Data Corporation (PDC) to manage data and license it to others.”
OUT-LAW.com, 17th January 2011
Source: www.out-law.com
Gloucestershire scam builders guilty of £1m fraud – BBC News
“A gang of Gloucestershire builders has been convicted of scamming householders out of a combined total of nearly £1m.”
BBC News, 17th January 2011
Source: www.bbc.co.uk
Mental health patient detained indefinitely for killing brother, nine – The Guardian
“A mental health patient was detained indefinitely today (17 January) for wounding his sister and stabbing to death his younger brother, with whom he had a close and loving relationship.”
The Guardian, 17th January 2011
Source: www.guardian.co.uk
Law firms’ poor use of Twitter risks ‘damaging their brand’ – Law Society’s Gazette
“Two-thirds of top-50 law firms have a Twitter account, but some may be ‘damaging their brand’ by failing to tweet anything at all, a report has suggested.”
Law Society’s Gazette, 17th January 2011
Source: www.lawgazette.co.uk
Court threat to Parliament Square protesters – The Independent
“Parliament Square peace protesters were threatened with court action today (17 January) unless they clear their makeshift camps from the pavement area by the end of the working week.”
The Independent, 17th January 2011
Source: www.independent.co.uk
Peers bed down for marathon session to pass reform bill – The Guardian
“Lords debate reduction in the number of MPs in parliament.”
The Guardian, 17th January 2011
Source: www.guardian.co.uk
New crime agency to tackle corporate fraud – BBC News
“The government is to reorganise the way corporate fraud is tackled.”
BBC News, 17th January 2011
Source: www.bbc.co.uk
Anger over courtesy titles for supreme court justices – The Guardian
“A simmering row at the supreme court has resulted in a decision by the Queen to give all justices ‘courtesy titles’ of lord or lady.”
The Guardian, 17th January 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Otway v R. [2011] EWCA Crim 3 (14 January 2011)
Coonan (Formerly Sutcliffe), R v [2011] EWCA Crim 5 (14 January 2011)
Hall v R. [2011] EWCA Crim 4 (14 January 2011)
Court of Appeal (Civil Division)
Close v Wilson [2011] EWCA Civ 5 (14 January 2011)
TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4 (14 January 2011)
Clift v Slough Borough Council [2010] EWCA Civ 1484 (21 December 2010)
High Court (Administrative Court)
Gonzales v Folkestone Magistrates Court [2010] EWHC 3428 (Admin) (14 December 2010)
Morales, R (on the application of) v The Parole Board & Ors [2011] EWHC 28 (Admin) (14 January 2011)
Source: www.bailii.org
