January 2012 – Page 7 – Current Awareness

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cleobury, R. v [2012] EWCA Crim 17 (24 January 2012)

Arshad, R. v [2012] EWCA Crim 18 (24 January 2012)

Court of Appeal (Civil Division)

Weddall v Barchester Healthcare Ltd (Company No.02792285) [2012] EWCA Civ 25 (24 January 2012)

West Tankers Inc v Allianz SPA & Anor [2012] EWCA Civ 27 (24 January 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 7 (24 January 2012)

High Court (Queen’s Bench Division)

Williams v Central Bank of Nigeria [2012] EWHC 74 (QB) (24 January 2012)

High Court (Administrative Court)

Cubitt -Smith v Secretary of State for Communities and Local Government & Anor [2012] EWHC 68 (Admin) (24 January 2012)

JB v Director of Public Prosecutions [2012] EWHC 72 (Admin) (24 January 2012)

Source: www.bailii.org

Theodora Dallas: inside the jury room – The Guardian

Posted January 24th, 2012 in contempt of court, juries, jury directions, news by sally

“Yesterday’s judgment offers a rare insight into jury deliberations, revealing what Dallas told fellow jurors about her online research.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

New online tool in transparency drive – Ministry of Justice

Posted January 24th, 2012 in courts, news, trials by sally

“The Ministry of Justice has published a new online tool that lets people see the length of time cases take in courts across England and Wales.”

Full story

Ministry of Justice, 24th January 2012

Source: www.justice.gov.uk

No smoke without fire – New Square Chambers

Posted January 24th, 2012 in fire, housing, insurance, land registration, news by sally

“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”

Full story (PDF) see p. 2

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers

Posted January 24th, 2012 in consultations, energy, judicial review, news, planning by sally

“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”

Full story (PDF)

No.5 Chambers, 20th January 2012

Source: www.no5.com

Leasehold enfranchisement: busy times – New Square Chambers

Posted January 24th, 2012 in enfranchisement, leases, news by sally

“Despite the parlous state of the residential property market, enfranchisement claims continue to exercise courts and tribunals. This article gives a flavour of what has been generating disputes.”

Full story (PDF)

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

All in good faith? Whistleblowing law and practice – Cloisters

Posted January 24th, 2012 in news, whistleblowers by sally

“The Public Interest Disclosure Act 1998 came into life as a Private Members Bill put forward by a Conservative MP with the backing of the then Labour Government and assistance in drafting from Public Concern at Work (PCaW).”

Full story (PDF)

Cloisters, 14th December 2012

Source: www.cloisters.com

Consultation and Legitimate Expectations – 11KBW

Posted January 24th, 2012 in consultations, news by sally

“Whether or not there is in law an obligation to consult, where consultation is embarked upon it must be carried out fairly. What is ‘fair’ will obviously depend on the circumstances of the case and the nature of the proposals under consideration: see R (Edwards) v Environment Agency [2006] EWCA Civ 877 per Auld LJ at [90].”

Full story (PDF)

11KBW, 19th January 2012

Source: www.11kbw.com

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Knowles, R. v [2011] EWCA Crim 3102 (16 December 2011)

High Court (Chancery Division)

GHLM Trading Ltd v Maroo & Ors [2012] EWHC 61 (Ch) (23 January 2012)

Levy v Ellis-Carr & Ors [2012] EWHC 63 (Ch) (23 January 2012)

Schmitt v Deichmann & Ors [2012] EWHC 62 (Ch) (23 January 2012)

AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012)

High Court (Commercial Court)

Sulamerica CIA Nacional De Seguros SA & Ors v Enesa Engenharia SA & Ors [2012] EWHC 42 (Comm) (19 January 2012)

Teesside Power Holdings Ltd v Electrabel International Holdings BV & Anor [2012] EWHC 33 (Comm) (20 January 2012)

High Court (Technology and Construction Court)

NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2) [2012] EWHC 51 (TCC) (23 January 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 24th, 2012 in legislation by sally

The Syria (European Union Financial Sanctions) Regulations 2012

The Uplands Transitional Payment Regulations 2012

The Public Health Wales National Health Service Trust (Originating Capital) (Wales) Order 2011

The Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Circle, District and Hammersmith & City Lines S7 Vehicles) Exemption Order 2012

The Immigration (Passenger Transit Visa) (Amendment) Order 2012

Source: www.legislation.gov.uk

Woman jailed for using six-year-old girl to burgle – The Independent

Posted January 24th, 2012 in burglary, child abduction, children, news by sally

“A woman who duped a six-year-old girl into breaking into a house and stealing a laptop was jailed yesterday for 20 months.”

Full story

The Independent, 24th January 2012

Source: www.independent.co.uk

Anthony Pryke’s killer to face justice after confessing to 1987 crime – The Guardian

Posted January 24th, 2012 in homicide, murder, news, self-defence by sally

“The best friend of a teenager whose body was discovered in a drain more than two decades ago will this week be sentenced for manslaughter after he contacted police and confessed to killing his friend.”

Full story

The Guardian, 23rd January 2012

Source: www.guardian.co.uk

Developing equity – a view from the Court of Appeal – Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Posted January 24th, 2012 in equity, judges, speeches by sally

Developing equity – a view from the Court of Appeal (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Chancery Bar Association Conference, 20th January 2012

Source: www.judiciary.gov.uk

Star Reefers Pool Inc v JFC Group Co Ltd – WLR Daily

Posted January 24th, 2012 in appeals, injunctions, jurisdiction, law reports, vexatious litigants by sally

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14; [2012] WLR (D) 3

“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Comedians can say ‘mong’ on TV, rules Ofcom – Daily Telegraph

Posted January 24th, 2012 in complaints, freedom of expression, media, news by sally

“Media regulator Ofcom has rejected three complaints about comedian Ricky Gervais’s use of the word ‘mong’ during his Channel 4 show Science.”

Full story

Daily Telegraph, 23rd January 2012

Source: www.telegraph.co.uk

Clarke: mediation the future for separating families – Ministry of Justice

Posted January 24th, 2012 in arbitration, dispute resolution, divorce, families, news by sally

“Justice Secretary Ken Clarke has today (23 January) urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.”

Full story

Ministry of Justice, 23rd January 2012

Source: www.justice.gov.uk

Drug guidelines suggest lighter sentences for ‘social dealers’ – The Guardian

Posted January 24th, 2012 in drug offences, drug trafficking, medicines, news, sentencing by sally

“Recreational drug users who naively buy small quantities to share with their friends could avoid jail under sentencing guidelines for drug offences published on Tuesday.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Objections to right-to-die plea – BBC News

Posted January 24th, 2012 in assisted suicide, defences, doctors, euthanasia, news by sally

“The court case of a severely disabled man seeking permission for a doctor to ‘lawfully’ end his life should not go ahead, the Ministry of Justice says.”

Full story

BBC News, 23rd January 2012

Source: www.bbc.co.uk