Month: November 2011

BAILII: Recent Decisions

Posted November 2nd, 2011 in law reports by tracey

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)

MD (Angola) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2011] EWCA Civ 1238 (01 November 2011)

Mitu v London Borough of Camden [2011] EWCA civ 1249 (01 November 2011)

Williams v University of Birmingham & Anor [2011] EWCA Civ 1242 (28 October 2011)

JSC BTA Bank v Solodchenko & Ors [2011] EWCA Civ 1241 (28 October 2011)

Court of Appeal (Criminal Division)

Dika & Anor v R. [2011] EWCA Crim 2459 (28 October 2011)

SW, R. v [2011] EWCA Crim 2463 (28 October 2011)

Gilmour v R. [2011] EWCA Crim 2458 (28 October 2011)

Burdfield & Anor v R. [2011] EWCA Crim 2464 (28 October 2011)

High Court (Chancery Division)

House of Fraser Ltd v Scottish Widows Plc [2011] EWHC 2800 (Ch) (28 October 2011)

Morley v Reiter Engineering GmbH & Co.KG [2011] EWHC 2798 (Ch) (28 October 2011)

F&C Alternative Investments (Holdings) Ltd v Barthelemy & Anor [2011] EWHC 2807 (Ch) (28 October 2011)

High Court (Commercial Court)

The Seashell of Lisson Grove Ltd & Ors v Aviva Insurance Ltd & Ors [2011] EWHC 1761 (Comm) (01 November 2011)

Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2011] EWHC 2837 (Comm) (01 November 2011)

Cattles Ltd & Anor v Pricewaterhousecoopers LLP [2011] EWHC 2714 (Comm) (01 November 2011)

Source: www.bailii.org

Freedom of information scope increased – Ministry of Justice

Posted November 2nd, 2011 in financial services ombudsman, freedom of information, police, press releases, public interest, universities by tracey

“The public can now request information from three new bodies under the Freedom of Information Act.”

Full press release

Ministry of Justice, 1st November 2011

Source: www.justice.gov.uk

Home Secretary Theresa May has published a cross-government strategy today to end gang and youth violence – Home Office

Posted November 2nd, 2011 in gangs, press releases, violent offenders, young offenders by tracey

“Home Secretary Theresa May has published a cross-government strategy today to end gang and youth violence.”

Full press release

Home Office, 1st November 2011

Source: www.homeoffice.gov.uk

Bar Chairman Promotes Value of an Independent Judiciary – The Bar Council

Posted November 2nd, 2011 in judiciary, legal services, press releases, professional conduct by tracey

“The Chairman of the Bar Council, which represents barristers in England and Wales, has told Bar leaders from around the world that an independent judiciary is the most important element in attracting clients to any jurisdiction.”

Full press release

The Bar Council, 2nd November 2011

Source: www.barcouncil.org.uk

Command Papers – official-documents.gov.uk

Posted November 2nd, 2011 in parliamentary papers by tracey

Ending gang and youth violence: a cross-government report, Cm 8211 (PDF)

Source: www.official-documents.gov.uk

Legislation nightmares leave us scratching our heads – Halsbury’s Law Exchange

Posted November 2nd, 2011 in civil justice, criminal justice, legislative drafting, news, parliament by tracey

“As Stephen Levinson’s recent post has reminded us, we are not living in a golden age of legislative drafting. In the field of criminal law, some particularly ghastly examples of bamboozling legislation can be found in various provisions of the Criminal Justice Act 2003 – described by no less an authority than Rose LJ as ‘at best, obscure and, at worst, impenetrable’ (R v Campell [2006] EWCA Crim 726, [2006] 2 Cr App R (S) 626 at [1]).”

Full story

Halsbury’s Law Exchange, 2nd November 2011

Source: www.halsburyslawexchange.co.uk

House of Lords will be able to vote on key NHS clause – The Guardian

Posted November 2nd, 2011 in bills, health, ministers' powers and duties, news, private equity, social services by michael

“Peers will be able to vote on the government’s controversial plan to hand over its ‘constitutional responsibility’ to provide NHS services to an unelected quango on Wednesday.”

Full story

The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Fathers denied a right to see children – Daily Telegraph

Posted November 2nd, 2011 in children, custody, legislation, news, parental rights by michael

“The Daily Telegraph has learnt that plans to enshrine in law that a child has a ‘meaningful relationship with both parents’ are likely to be dropped.”

Full story

Daily Telegraph, 2nd November 2011

Source: www.telegraph.co.uk

Phone hacking: NoW warned about ‘culture of illegal information access’ – The Guardian

Posted November 2nd, 2011 in evidence, interception, media, news, privacy by michael

“The legal opinion, only now made public, was prepared in June 2008 and referred to the activities of  ‘at least three’ journalists.”

Full story

The Guardian, 2nd November 2011

Source: www.guardian.co.uk

St Paul’s suspends legal action against protesters – Daily Telegraph

Posted November 2nd, 2011 in Church of England, demonstrations, injunctions, news by michael

“St Paul’s Cathedral has suspended legal action against the protest camp on its doorstep following the resignation of two senior members of its clergy.”

Full story

Daily Telegraph, 1st November 2011

Source: www.telegraph.co.uk

Julian Assange v. Swedish Prosecution Authority – Judiciary of England and Wales

Posted November 2nd, 2011 in appeals, extradition, law reports, rape, warrants by michael

Judgment approved by the Court for handing down.

Julian Assange v. Swedish Prosecution Authority (pdf)

Judiciary of England and Wales, 2nd November 2011

Source: www.judiciary.gov.uk

Julian Assange loses appeal against extradition – The Guardian

Posted November 2nd, 2011 in appeals, extradition, news, rape, warrants by michael

“The WikiLeaks founder, Julian Assange, has lost his high court appeal against extradition to Sweden to face rape allegations.”

Full story

The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Gintaras Butkus jailed in Cornwall boat killing case – BBC News

Posted November 1st, 2011 in homicide, news, sentencing by sally

“A man has been sentenced to six years in prison for killing a man during a fishing trip off the Cornish coast.”

Full story

BBC News, 1st November 2011

Source: www.bbc.co.uk

Knife crime law: Up to 400 more teenagers face custody – BBC News

Posted November 1st, 2011 in detention, news, offensive weapons, reports, young offenders by sally

“As many as 400 extra teenagers could be given custodial sentences every year because of changes to knife crime laws announced last week, according to a government impact assessment.”

Full story

BBC News, 1st November 2011

Source: www.bbc.co.uk

Taking a hatchet to the hackers – which way press freedom? – UK Human Rights Blog

Posted November 1st, 2011 in freedom of expression, internet, media, news, privacy by sally

“On the eve of Lord Justice Leveson’s inquiry into phone hacking and the ethics of journalism, the British Institute of Human Rights (BIHR) with 1 Crown Office Row hosted a roundtable discussion to examine how to reconcile the right to privacy with freedom of expression.”

Full story

UK Human Rights Blog, 1st November 2011

Source: www.ukhumanrightsblog.com

Pakistan cricketers guilty of betting scam – BBC News

Posted November 1st, 2011 in conspiracy, fraud, gambling, guilty pleas, news, sport by sally

“Pakistan cricketers Salman Butt and Mohammad Asif have been found guilty of their part in a ‘spot-fixing’ scam after a trial at Southwark Crown Court.”

Full story

BBC News, 1st November 2011

Source: www.bbc.co.uk

Teenagers begin high court challenge against tuition fee rise – The Guardian

Posted November 1st, 2011 in education, equality, fees, human rights, judicial review, news, universities by sally

“Two teenagers have begun a case in the high court against the government’s decision to let universities almost treble tuition fees next year.”

Full story

The Guardian, 1st November 2011

Source: www.guardian.co.uk

Squatting in residential buildings to become a criminal offence – OUT-LAW.com

Posted November 1st, 2011 in bills, consultations, crime, news, squatting, trespass by sally

“Squatting in residential buildings is to become a criminal offence for the first time, the Government has announced.”

Full story

OUT-LAW.com, 1st November 2011

Source: www.out-law.com

Daily Mail to pay damages to Carole Caplin over ‘Blairs’ sex secrets’ story – The Guardian

Posted November 1st, 2011 in damages, defamation, media, news by sally

“The publisher of the Daily Mail has agreed to pay ‘substantial’ damages to Carole Caplin, the former lifestyle guru to Cherie Blair, over an article that falsely suggested she would disclose the Blairs’ “sex secrets” for £1m.”

Full story

The Guardian, 1st November 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 1st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Trott, R. v [2011] EWCA Crim 2395 (07 October 2011)

Williams, R v [2011] EWCA Crim 2198 (23 September 2011)

High Court (Queen’s Bench Division)

Tesla Motors Ltd & Anor v British Broadcasting Corporation [2011] EWHC 2760 (QB) (28 October 2011)

High Court (Commercial Court)

Soeximex SAS v Agrocorp International PTE Ltd [2011] EWHC 2743 (Comm) (31 October 2011)

Source: www.bailii.org