BAILII: Recent Decisions

Posted October 14th, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Bloom & Ors v The Pensions Regulator & Ors [2011] EWCA Civ 1124 (14 October 2011)

HM Revenue and Customs v Marks and Spencer Plc [2011] EWCA Civ 1156 (14 October 2011)

Estafnous v London & Leeds Business Centres Ltd [2011] EWCA Civ 1157 (14 October 2011)

Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 (14 October 2011)

Court of Appeal (Criminal Division)

Stewart & Ors, R v [2011] EWCA Crim 2296 (14 October 2011)

High Court (Chancery Division)

Cowderoy v Cranfield [2011] EWHC 2628 (Ch) (13 October 2011)

High Court (Commercial Court)

Rimpacific Navigation Inc v Daehan Shipbuilding CoLtd [2011] EWHC 2618 (Comm) (14 October 2011)

WMS Gaming Inc v B Plus Giocolegale Ltd [2011] EWHC 2620 (Comm) (13 October 2011)

High Court (Technology and Construction Court)

Omni Laboratories Inc v Eden Energy Ltd [2011] EWHC 2626 (TCC) (14 October 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 14th, 2011 in legislation by tracey

The Finance Act 2011, Section 42 (Appointed Day) Order 2011

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011

The Agricultural Holdings (Units of Production) (England) Order 2011

The Double Taxation Relief and International Tax Enforcement (Mauritius) Order 2011

The Belarus (Restrictive Measures) (Overseas Territories) Order 2011

The Iraq (United Nations Sanctions) (Amendment) Order 2011

The International Tax Enforcement (Aruba) Order 2011

The International Tax Enforcement (Liberia) Order 2011

The International Tax Enforcement (Curaçao, Sint Maarten and BES Islands) Order 2011

The Civil Enforcement of Parking Contraventions Designation Order 2011

Source: www.legislation.gov.uk

 

 

UK will not opt in to EU asylum directives – Home Office

Posted October 14th, 2011 in asylum, EC law, press releases by tracey

“Immigration Minister Damian Green has informed Parliament that the UK will not be opting in to two EU asylum directives.”

Full press release

Home Office, 13th September 2011

Source: www.homeoffice.gov.uk

Art teacher jailed for selling Picasso and Lowry forgeries for £180,000 – Daily Telegraph

Posted October 14th, 2011 in artistic works, forgery, fraudulent trading, news, sentencing by tracey

“A rogue dealer has been jailed after engineering a £180,000 scam where he told fine art fakes to galleries across Britain.”

Full story

Daily Telegraph, 13th October 2011

Source: www.telegraph.co.uk

Home Office policy on forced marriage violates Article 8 family life – UK Human Rights Blog

Posted October 14th, 2011 in forced marriages, human rights, news, visas by tracey

“The Supreme Court has ruled that the Home Secretary’s refusal to grant visas to non-resident spouses under a certain age breached their right to family life under Article 8 of the Convention. A strong dissent from Lord Brown touches on the raw nerve of judicial competence and the role of Article 8 in policy making.”

Full story

UK Human Rights Blog, 13th October 2011

Source: http://ukhumanrightsblog.com

National security concerns do trump human rights, sometimes – UK Human Rights Blog

Posted October 14th, 2011 in control orders, human rights, news, sexual offences prevention orders by tracey

“The Home Secretary Theresa May was lambasted last week for an inaccurate reference to cats, but the more general view expressed by her and most of the media that the Human Rights Act is routinely getting in the way of national security interests is also arguably misleading.”

Full story

UK Human Rights Blog, 12th October 2011

Source: http://ukhumanrightsblog.com

Wayne Rooney banned for three England Euro 2012 matches – BBC News

Posted October 14th, 2011 in assault, disciplinary procedures, news, sport by tracey

“Wayne Rooney will miss England’s 2012 European Championship group matches after being banned for three matches for his red card against Montenegro.”

Full story

BBC News, 13th October 2011

Source: www.bbc.co.uk

Music teacher Craig Parkin jailed for sex with pupil – BBC News

Posted October 14th, 2011 in abuse of position of trust, child abuse, news, teachers by tracey

“A West Yorkshire teacher has been jailed for four years after having a sexual relationship with a pupil.”

Full story

BBC News, 13th October 2011

Source: www.bbc.co.uk

Leveson inquiry to start in November – The Guardian

Posted October 14th, 2011 in inquiries, interception, media, news, privacy by tracey

“The Leveson inquiry into press regulation and media standards will not start hearing evidence from witnesses until November. It had hoped to get under way in October but will now start ‘before the second week in November’.”

Full story

The Guardian, 13th October 2011

Source: www.guardian.co.uk

Lady Gaga wins injunction against Lady Goo Goo – The Guardian

Posted October 14th, 2011 in injunctions, media, news, trade marks by tracey

“Lady Gaga may call her fans ‘little monsters’ but it appears she has no love for Moshi Monsters, after taking legal action in an effort to stop the children’s social network using an animated character, singer Lady Goo Goo. The Paparazzi singer gained an interim injunction against the parent company of the wildly popular Moshi Monsters, banning Lady Goo Goo from performing songs on YouTube, the Guardian has learned.”

Full story

The Guardian, 13th October 2011

Source: www.guardian.co.uk

Have your say on public order policing – Home Office

Posted October 14th, 2011 in consultations, police, press releases, public order by tracey

“In the light of the summer riots James Brokenshire launched a consultation today to consider how to give the police more tools to tackle disorder.”

Full press release

Home Office, 13th October 2011

Source: www.homeoffice.gov.uk

Abusive yobs could avoid prosecution under proposals – Daily Telegraph

Posted October 14th, 2011 in commemorations, news, public order, threatening behaviour, violent disorder by tracey

“Abusive troublemakers who call British soldiers murderers or burn poppies on Remembrance Day could escape prosecution under moves to scrap ‘insulting behaviour’ as a criminal offence.”

Full story

Daily Telegraph, 14th October 2011

Source: www.telegraph.co.uk

Gang-related sexual exploitation inquiry launched to combat child abuse – Daily Telegraph

Posted October 14th, 2011 in child abuse, gangs, inquiries, news, sexual grooming by tracey

“A two year inquiry will be launched that will investigate gang-related sexual exploitation of British children amid fears more than 10,000 young people are being abused.”

Full story

Daily Telegraph, 14th October 2011

Source: www.telegraph.co.uk

 

Cornish student who stole family yacht jailed after mother presses charges – The Guardian

Posted October 13th, 2011 in families, news, sentencing, ships, theft by tracey

“A student who stole his family’s £10,000 yacht and needed to be rescued by a lifeboat crew has been jailed for nine months after his mother reported him to police.”

Full story

The Guardian, 13th October 2011

Source: www.guardian.co.uk

Ministers delay state pension rise to 66 to help women – BBC News

Posted October 13th, 2011 in news, pensions, women by tracey

“Plans to raise the state pension age to 66 in 2020 will be delayed by six months to address concerns thousands of women will be unfairly disadvantaged.”

Full story

BBC News, 13th October 2011

Source: www.bbc.co.uk

Navy Afghan war objector Michael Lyons loses appeal – BBC News

Posted October 13th, 2011 in appeals, armed forces, conscientious objection, courts martial, news, war by tracey

“A Royal Navy medic who refused to attend rifle training because of his objection to the war in Afghanistan has lost an appeal against his detention.”

Full story

BBC News, 13th October 2011

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted October 13th, 2011 in parliamentary papers by tracey

Government response to Justice Committee’s sixth report of session 2010-12: operation of the Family Courts, Cm 8189 (PDF)

Source: www.official-documents.gov.uk

Too many women in prison for breaching community orders – The Guardian

Posted October 13th, 2011 in community service, news, prisons, release on licence, reports, women by tracey

“Too many women are still serving short-prison sentences, often for breaching community orders for crimes that do not themselves carry a prison sentence, according to criminal justice watchdogs. A joint report by the chief inspectors of prisons, probation and the Crown Prosecution Service, published on Thursday, says the size of female prison population – 4,243 in England and Wales – is still a matter of concern.”

Full story

The Guardian, 13th October 2011

Source: www.guardian.co.uk

The forced marriage law was simply symbolic – The Guardian

Posted October 13th, 2011 in forced marriages, human rights, immigration, news by tracey

“With good reason, the supreme court has declared unlawful a ban on under-21-year-old spouses coming to the UK.”

Full story

The Guardian, 13th October 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 13th, 2011 in law reports by tracey

Supreme Court

Quila & Anor, R (on the application of) v Secretary of State for the Home Department [2011] UKSC 45 (12 October 2011)

AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 (12 October 2011)

Ambrose v Harris, Procurator Fiscal, Oban (Scotland) [2011] UKSC 43 (6 October 2011)

Her Majesty’s Advocate v P (Scotland) [2011] UKSC 44 (6 October 2011)

Court of Appeal (Civil Division)

Jones v Environcom Ltd & Anor [2011] EWCA Civ 1152 (13 October 2011)

Revenue and Customs v Rochdale Drinks Distributors Ltd [2011] EWCA Civ 1116 (13 October 2011)

Christie Owen & Davies Plc v Raobgle Trust Corporation [2011] EWCA Civ 1151 (13 October 2011)

The Great Estates Group Ltd v Digby [2011] EWCA Civ 1120 (13 October 2011)

KM v Lambeth London Borough Council [2011] EWCA Civ 1125 (12 October 2011)

Motto & Ors v Trafigura Ltd & Anor (Rev 2) [2011] EWCA Civ 1150 (12 October 2011)

Barts and the London NHS Trust v Verma [2011] EWCA Civ 1129 (12 October 2011)

National Shipping Company of Saudi Arabia v BP Oil Supply Company [2011] EWCA Civ 1127 (12 October 2011)

Roder UK Ltd v West & Anor [2011] EWCA Civ 1126 (12 October 2011)

Simpson v Norfolk & Norwich University Hospital NHS Trust [2011] EWCA Civ 1149 (12 October 2011)

Harrison & Anor v Black Horse Ltd [2011] EWCA Civ 1128 (12 October 2011)

CF Capital Plc v Willoughby [2011] EWCA Civ 1115 (12 October 2011)

Gesner Investments Ltd v Bombardier Inc [2011] EWCA Civ 1118 (11 October 2011)

ICO Satellite Ltd, R (on the application of) v Office of Communications [2011] EWCA Civ 1121 (11 October 2011)

French v Groupama Insurance Company Ltd [2011] EWCA Civ 1119 (11 October 2011)

Celtic Energy Ltd v The Welsh Ministers [2011] EWCA Civ 1122 (11 October 2011)

High Court (Administrative Court)

Child Poverty Action Group v Secretary of State for Work & Pensions [2011] EWHC 2616 (Admin) (13 October 2011)

Ford, R (on the application of) v The Financial Services Authority [2011] EWHC 2583 (Admin) (11 October 2011)

Bielecki v The Director of Public Prosecutions (includes ruling) [2011] EWHC 2245 (Admin) (10 October 2011)

High Court (Chancery Division)

Plentyoffish Media Inc. v Plenty More Llp [2011] EWHC 2568 (Ch) (11 October 2011)

High Court (Queen’s Bench Division)

Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor [2011] EWHC 2617 (QB) (13 October 2011)

Source: www.bailii.org