Day: 3 February 2012
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Gurung v Secretary of State for the Home Department [2012] EWCA Civ 62 (02 February 2012)
Aksu v London Borough of Enfield [2012] EWCA Civ 60 (02 February 2012)
UG (Nepal) & Ors v Entry Clearance Officer [2012] EWCA Civ 58 (02 February 2012)
Leeds City Council v Price & Ors [2012] EWCA Civ 59 (02 February 2012)
High Court (Queen’s Bench Division)
QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 116 (QB) (02 February 2012)
O’Farrell v O’Farrell [2012] EWHC 123 (QB) (01 February 2012)
High Court (Chancery Division)
McKillen v Misland (Cyprus) Investments Ltd & Ors [2012] EWHC 129 (Ch) (02 February 2012)
High Court (Administrative Court)
High Court (Commercial Court)
Nomihold Securities Inc v Mobile Telesystems Finance SA [2012] EWHC 130 (Comm) (02 February 2012)
Source: www.bailii.org
Frisdranken Industrie Winters BV v Red Bull GmbH – WLR Daily
Frisdranken Industrie Winters BV v Red Bull GmbH (Case C-119/10); [2012] WLR (D) 20
“A service provider who, under an order from and on the instructions of another person, filled packaging which was supplied to it by the other person who, in advance, affixed to it a sign which was identical with, or similar to, a sign protected as a trade mark did not itself make use of the sign that was liable to be prohibited under that provision.”
WLR Daily, 15th December 2012
Source: www.iclr.co.uk
Tiffin v Lester Aldridge LLP – WLR Daily
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35; [2012] WLR (D) 19
“Section 4(4) of the Limited Liability Partnerships Act 2000 required an assumption that the business of the limited liability partnership had been carried on by two or more of its members as partners and upon that assumption, required an inquiry as to whether or not the person whose status was in question would have been one of the partners. If the answer to that inquiry was that he would have been a partner then he could not have been an employee of the partnership; if the answer was that he would not have been a partner there would have to be further inquiry as to whether his relationship would have been that of an employee. It was implicit that the primary source material for the purpose of answering those questions would be the members’ agreement although that would not necessarily represent the totality of what might be looked at.”
WLR Daily, 1st February 2012
Source: www.iclr.co.uk
Coogan v News Group Newspapers Ltd and another; Phillips v Same – WLR Daily
“The phrase ‘technical or commercial information or other intellectual property’ within the definition of ‘intellectual property’ in section 72 of the Senior Courts Act 1981 was apt to embrace telephone voice messages said to have been intercepted by a private investigator on the telephones of individuals; and the effect of that finding was that the privilege against self-incrimination on which the interceptor might otherwise have relied was removed.”
WLR Daily, 1st February 2012
Source: www.iclr.co.uk
Barrett v Bem; In re Lavin, decd – WLR Daily
Barrett v Bem; In re Lavin, decd [2012] EWCA Civ 52; [2012] WLR (D) 17
“A court should not find that a will had been signed by a third party at the direction of the testator unless there was positive and discernible communication (which might be verbal or non-verbal) by the testator that he wished the will to be signed on his behalf by the third party.”
WLR Daily, 31st January 2012
Source: www.iclr.co.uk
£20,000 fine levied for marketing ‘likely to result in harm to children’ – OUT-LAW.com
“PhonepayPlus has fined a company £20,000 after determining that it was in ‘serious’ breach of its rules around the promotion of premium rate services (PRS) to children after two sisters ran up a bill of more than £2,500 texting the service.”
OUT-LAW.com, 3rd February 2012
Source: www.out-law.com
Court of Appeal rules fixed share partners are not employees – Legal Week
“The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) ruling that fixed share partners are not employees and, as such, are not eligible to claim for unfair dismissal.”
Legal Week, 2nd February 2012
Source: www.legalweek.com
Legal Aid Bill domestic violence concession? – LAG News Blog
“So far the government has made two concessions on the Legal Aid, Sentencing and Punishment of Offenders Bill (‘the Legal Aid Bill’), currently in the committee stage of the House of Lords. It seems more concessions might be on the way before the bill is approved.”
LAG News Blog, 3rd February 2012
Statement by Director of Public Prosecutions, Keir Starmer QC on the case of Mr C Huhne and Ms V Pryce – Crown Prosecution Service
“This statement is made by the Crown Prosecution Service in the interests of transparency and accountability to explain the decisions reached in the cases of Mr Christopher Huhne and Ms Vasiliki Pryce and to explain the time taken in arriving at these decisions.”
Crown Prosecution Service, 3rd February 2012
Source: http://blog.cps.gov.uk
Mirror wills invalidated by signature mix-up, appeal judges rule – Law Society’s Gazette
“A simple mix-up when a husband and wife signed mirror wills 13 years ago means they have no value in law, the Court of Appeal ruled today. The ruling disinherits the couple’s intended heir and has left lawyers calling for a more flexible approach to probate law.”
Law Society’s Gazette, 2nd February 2012
Source: www.lawgazette.co.uk
Latvian landlady jailed after claiming £33,000 benefits while owning six properties worth £1.1m – Daily Telegraph
“A benefits cheat has been jailed after claiming more than £33,000 in state handouts despite owning a £1.1 million property portfolio.”
Daily Telegraph, 3rd February 2012
Source: www.telegraph.co.uk
Mental Capacity Act Code needs revising to enable more effective best interests decisions, says Mental Health Foundation – Family Law Week
“The Mental Health Foundation, in partnership with the Norah Fry Research Centre at the University of Bristol and the Centre for Applied Social Research at the University of Bradford, have published a report calling for the Mental Capacity Act (MCA) Code of Practice to be revised to enable health and social care staff to make more effective best interests decisions.”
Family Law Week, 2nd February 2012
Source: www.familylawweek.co.uk
New reforms to help reduce reoffending – Ministry of Justice
“New plans to support the rehabilitation of offenders and the reduction of reoffending were outlined today by Justice Minister Lord McNally.”
Ministry of Justice, 3rd February 2012
Source: www.justice.gov.uk
Douglas Binet jailed for murdering and dismembering man – BBC News
“A drug dealer has been jailed for life for murdering a father whose severed arms were found in a lake in Essex.”
BBC News, 2nd February 2012
Source: www.bbc.co.uk
Why this case matters: R (KM) v Cambridgeshire County Council – The Guardian
“The supreme court is about to hear another case that cuts to the heart of human dignity in care services.”
The Guardian, 2nd February 2012
Source: www.guardian.co.uk
Legal aid bill: government considers further concessions – The Guardian
“Further concessions may be made by the government on controversial areas of the legal aid bill, the minister steering the legislation through parliament signalled on Thursday.”
The Guardian, 2nd February 2012
Source: www.guardian.co.uk
#WithoutPrejudice podcast 18: Legal education – Human Rights left wing twaddle? – Assange extradition – Charon QC
“Our guests tonight are resident panelist Carl Gardner, Professor Gary Slapper Director of New York University in London and former ‘left wing’ Tory MP Jerry Hayes, a practising barrister specialising in the more serious criminal cases.”
Charon QC, 3rd February 2012
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
The legislation gap: does slow and steady really win the race? – Halsbury’s Law Exchange
“An analysis by the Times (‘Legislation gap makes light work for MPs’, 27 January) has revealed that MPs have spent a mere 24% of their time in the last four months considering government legislation. During the same period in the previous year, the figure was 62%.”
Halsbury’s Law Exchange, 2nd February 2012
Source: www.halsburyslawexchange.co.uk/
