Month: November 2011
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Essex County Council v Williams [2011] EWCA Civ 1315 (15 November 2011)
High Court (Administrative Court)
Muqtaar v Secretary of State for the Home Department [2011] EWHC 2707 (Admin) (14 November 2011)
High Court (Family Division)
Z v Z [2011] EWHC 2878 (Fam) (03 November 2011)
High Court (Commercial Court)
Stornoway 2011 Ltd v SIV Portfolio Plc (In Receivership) [2011] EWHC 2952 (Comm) (14 November 2011)
Source: www.bailii.org
Police infringed database rights of forensics firm in misusing confidential information, High Court rules – OUT-LAW.com
“A UK police force breached database rights and misused confidential information stored on a company’s database when it shared the data on an online law enforcement forum, the High Court has ruled.”
OUT-LAW.com, 14th November 2011
Source: www.out-law.com
Regina (SA (A Child) (by SH as litigation friend)) v Kent County Council (Secretary of State for Education, intervener) – WLR Daily
“The obligations imposed on a local authority in certain circumstances pursuant to section 23(2) and (6) of the Children Act 1989, relating to the provision of accommodation and/or maintenance for certain children in need and being looked after by the authority, were to be considered as alternatives, rather than as parallel means by which to achieve a single statutory purpose.”
WLR Daily, 10th November 2011
Source: www.iclr.co.uk
One of the “great unspoken problems” about human rights law – UK Human Rights Blog
“… is at the core of Jonathan Sumption QC’s FA Mann lecture. His central point is not human rights as such, but our misconception of Parliament and the perceived need for judicial constraints on the action of the state.”
Uk Human Rights Blog, 15th November 2011
Source: www.ukhumanrightsblog.com
Have your say on stalking laws – Home Office
“Today (14 November), we have launched an online consultation asking for views on how best to tackle this crime and provide protection for victims. We ask whether specific offences of ‘stalking’ and ‘cyber stalking’ should be added to existing harassment laws and what training and guidance is needed for police and prosecutors.”
Home Office, 14th November 2011
Source: www.homeoffice.gov.uk
‘Right to be forgotten’ may not be enforceable, UK Culture Minister says – OUT-LAW.com
“EU member states will not be able to guarantee that individuals’ personal data has been deleted from the internet even if the ‘right to be forgotten’ is introduced under new data protection laws, the Culture Minister has said.”
OUT-LAW.com, 14th November 2011
Source: www.out-law.com
Code for third-party litigation funders gets green light – Law Society’s Gazette
“A code of conduct for third-party funders of litigation has cleared its final hurdle and will be published later this month, the Gazette can report.”
Law Society’s Gazette, 15th November 2011
Source: www.lawgazette.co.uk
Five guilty of schoolboy stabbing – The Independent
“Five teenagers were today convicted of killing a 15-year-old boy who was stabbed to death as he arrived at school.”
The Independent, 14th November 2011
Source: www.independent.co.uk
Man fined after selling unlawfully obtained personal data of online bingo players – OUT-LAW.com
“A man who made approximately £25,000 from selling unlawfully obtained personal data has been issued with a £1,700 fine and conditional discharge by a UK court.”
OUT-LAW.com, 14th November 2011
Source: www.out-law.com
Shrien Dewani High Court SA extradition appeal date set – BBC News
“The High Court challenge against the extradition of Bristol businessman Shrien Dewani is to take place next month.”
BBC News, 14th November 2011
Source: www.bbc.co.uk
Government proposed to regulate banking industry’s consumer payments body – OUT-LAW.com
“The Government will introduce proposals next year to regulate the banking-industry body that runs the UK’s payments system, it has said.”
OUT-LAW.com, 14th November 2011
Source: www.out-law.com
Cricketing convictions – Halsbury’s Law Exchange
“Recently three Pakistani test cricketers, Salman Butt, Mohammad Asif and Mohammad Amir, were convicted of conspiracy to cheat at gambling and conspiracy to accept corrupt payments, arising out of Pakistan’s tour of England in 2010. They were sentenced to 30 months, 12 months and 6 months’ imprisonment respectively (Amir having pleaded guilty). Butt has recently filed an appeal against sentence. Regrettably, although it is the first such prosecution in the UK, only a delusional optimist would assume it will be the last. It therefore falls to be considered whether the sentences were justified.”
Halsbury’s Law Exchange, 14th November 2011
Source: www.halsburyslawexchange.co.uk
Woman sentenced for killing lover – The Independent
“A hammer-wielding pregnant woman who battered her lover in the head was jailed today for his killing.”
The Independent, 14th November 2011
Source: www.independent.co.uk
NHS watchdog faces investigation as concerns mount over patient care – The Guardian
“The watchdog responsible for overseeing NHS hospitals and care homes is being urgently investigated by the Department of Health over a series of alleged failures that could have risked patient care.”
The Guardian, 14th November 2011
Source: www.guardian.co.uk
Care home death accused walks free – The Independent
“A young care home worker walked free today after a jury failed to reach a verdict on whether she killed an elderly resident by setting fire to her room.”
The Independent, 14th November 2011
Source: www.independent.co.uk
Stoke Newington cigarette row: Two jailed over killing – BBC News
“Two people have been jailed over the killing of a housemate in north London.”
BBC News, 14th November 2011
Source: www.bbc.co.uk
Changes mean outlook is bleak for unrepresented litigants – The Guardian
“The new Civil Justice Council paper on the plight of litigants in person pulls no punches. The number of people unfortunate enough to come before the courts without a lawyer ‘will increase and with considerable scale’.”
The Guardian, 14th November 2011
Source: www.guardian.co.uk
Trade body says ECJ ruling could undermine private copying law reforms – OUT-LAW.com
“UK copyright reform could be ‘undermined’ if the European Court of Justice (ECJ) rules that copyright levies must still be charged when rights holders have given their permission for work to be copied, an IT trade association has said.”
OUT-LAW.com, 14th November 2011
Source: www.out-law.com
