Month: November 2011
Generation game – the young lawyers following in their parents’ footsteps – Legal Week
“Despite seeing the long hours and hard work their parents put in, many offspring are not put off from following them into the legal profession, writes Georgina Stanley.”
Legal Week, 3rd November 2011
Source: www.legalweek.com
BAILII: Recent Decisions
Supreme Court
Rainy Sky SA & Orsd v Kookmin Bank [2011] UKSC 50 (2 November 2011)
Human Genome Sciences Inc v Eli Lilly and Company [2011] UKSC 51 (2 November 2011)
Court of Appeal (Civil Division)
Smith & Anor v Jafton Properties Ltd [2011] EWCA Civ 1251 (02 November 2011)
Shiva Ltd v Transport for London [2011] EWCA Civ 1189 (02 November 2011)
High Court (Chancery Division)
Business Dream Ltd, Re Insolvency Act 1986 [2011] EWHC 2860 (Ch) (02 November 2011)
High Court (Administrative Court)
Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin) (02 November 2011)
Source: www.bailii.org
Rainy Sky SA and others v Kookmin Bank – WLR Daily
Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311
“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”
WLR Daily, 2nd November 2011
Source: www.iclr.co.uk
Mitu v Camden London Borough Council – WLR Daily
Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310
“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”
WLR Daily, 1st November 2011
Source: www.iclr.co.uk
Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily
“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily
“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
Trust judges on sentencing, says Law Society – Law Society’s Gazette
“The Law Society has criticised plans to extend mandatory life sentences, telling the government to trust judges’ discretion. The new regime, which would replace the indeterminate sentencing system with long determinate prison terms and mandatory life sentences for anyone convicted of a second serious sexual or violent crime, was announced last week by justice secretary Kenneth Clarke.”
Law Society’s Gazette, 3rd November 2011
Source: www.lawgazette.co.uk
Ken Clarke’s justice bill passed despite ‘attacks’ – BBC News
“The government’s controversial changes to sentencing policy and legal aid have cleared the Commons, despite opposition from MPs of all parties.”
BBC News, 2nd November 2011
Source: www.bbc.co.uk
European judges have no right to rule on prisoner voting, says Grieve – The Guardian
“National parliaments not European judges should decide whether prisoners are entitled to the vote, the attorney general has told the human rights court in Strasbourg.”
The Guardian, 2nd November 2011
Source: www.guardian.co.uk
Wife strangled after smashing up husband’s Star Wars toys – Daily Telegraph
“A husband has been found guilty of murder for strangling his Thai wife after she smashed up his collection of Star Wars toys.”
Daily Telegraph, 2nd November 2011
Source: www.telegraph.co.uk
Phone hacking: anatomy of a cover-up – what QC’s advice papers reveal – The Guardian
“Analysis: Publication of warning to NI bosses tells the story of how secret payoff evolved.”
The Guardian, 2nd November 2011
Source: www.guardian.co.uk
Court workers opposed to extended opening hours – Law Society’s Gazette
“The union representing court workers has voiced opposition to justice secretary Kenneth Clarke’s wish to extend opening hours.”
Law Society’s Gazette, 3rd November 2011
Source: www.lawgazette.co.uk
Family justice review calls for six-month case deadline – BBC News
“Childcare decisions in family courts should be made within six months, an official review has said.”
BBC News, 3rd November 2011
Source: www.bbc.co.uk
Divorced fathers will not get legal right to access – The Guardian
“Fathers who have gone through divorce or separation will not be granted a legal right to guarantee that their child has “a meaningful relationship with both parents”, according to a long-awaited report on family law.”
The Guardian, 3rd October 2011
Source: www.guardian.co.uk
St Paul’s protests: how the legal land lies – The Guardian
“If it comes to a David v Goliath battle, the City has the big bludgeons, but Occupy London’s slings could still win the day.”
The Guardian, 2nd November 2011
Source: www.guardian.co.uk
Rape case woman wins appeal bid – BBC News
“A woman jailed for falsely retracting rape charges against her husband has won the right to appeal her conviction for perverting the course of justice.”
BBC News, 2nd November 2011
Source: www.bbc.co.uk
Portsmouth paedophile ring: Melissa Noon found guilty – BBC News
“A Hampshire woman has been convicted of running an international paedophile ring with her partner.”
BBC News, 2nd November 2011
Source: www.bbc.co.uk
Man laced wife’s food with steroids – Daily Telegraph
“A man has escaped jail after he secretly added steroids to his wife’s food to make her put on weight and ‘keep her at home’.”
Daily Telegraph, 2nd November 2011
Source: www.telegraph.co.uk
