BAILII: Recent Decisions

Posted March 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Alanov v Sussex Police [2012] EWCA Civ 234 (01 March 2012)

High Court (Chancery Division)

Souglides v Tweedie & Anor [2012] EWHC 561 (Ch) (12 March 2012)

High Court (Administrative Court)

Vörös v The District Courts of Sopron, Gyor and Zalaegerszeg, Hungary [2012] EWHC 518 (Admin) (12 March 2012)

Source: www.bailii.org

Steve McFadden wins damages over News of the World ‘assault’ story – The Guardian

Posted March 12th, 2012 in compensation, defamation, media, news by sally

“Steve McFadden, the actor who plays Phil Mitchell in EastEnders, has received an apology and undisclosed damages from the publisher of the now closed News of the World over an article in the paper that falsely suggested that he was guilty of violent conduct towards his former girlfriend.”

Full story

The Guardian, 12th March 2012

Source: www.guardian.co.uk

Concern at move to make success fee recovery ban retrospective – Law Society’s Gazette

Posted March 12th, 2012 in bills, compensation, fees, news, retrospectivity by sally

“Alarm has been raised at a move by the government that appears to give the Jackson reforms retrospective effect.”

Full story

Law Society’s Gazette, 12th March 2012

Source: www.lawgazette.co.uk

£120,000 compensation after armed officers stopped wrong car – Daily Telegraph

Posted March 12th, 2012 in compensation, complaints, mistaken identity, news, police, psychiatric damage by sally

“The Metropolitan Police is set to pay up to £120,000 after armed officers left four innocent friends traumatised after a bungled stop and search operation.”

Full story

Daily Telegraph, 12th March 2012

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 12th, 2012 in legislation by sally

The Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012

The Plant Health (Miscellaneous Amendments) (England) Regulations 2012

The Guaranteed Minimum Pensions Increase Order 2012

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 2) Regulations 2012

The Criminal Defence Service (Funding) (Amendment) Order 2012

The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2012

The Non-Domestic Rating (Deferred Payments) (Wales) Regulations 2012

The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2012

The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2012

The Closure of Prisons (H.M. Prison Latchmere House) Order 2012

The Teachers’ Pensions (Amendment) Regulations 2012

Source: www.legislation.gov.uk

Two articles on Local Government Law – 11 KBW

Posted March 12th, 2012 in local government, news, rates, roads by sally

Local Government Law Update: 6th March (PDF)
Local Government Law Update: 8th March (PDF)

11 KBW, March 2012

Source: www.11kbw.com

Bar Council Launches Online Parental Support Hub – The Bar Council

Posted March 12th, 2012 in barristers, families, news by sally

“The Bar Council has launched a new, online Parental Support Hub to enhance its offering to barrister parents. The Hub provides the latest information, advice and support for barristers seeking to combine employed or self-employed practice with parenthood or primary carer responsibilities. It includes information on the rights afforded to parents and carers, taxes and benefits and the work of the Bar Council and Inns of Court in this area.”

Full story

The Bar Council, 12th March 2012

Source: www.barcouncil.org.uk

Right-to-die hearing for man with locked-in syndrome gets go-ahead – The Guardian

Posted March 12th, 2012 in assisted suicide, euthanasia, medical treatment, news by sally

“A high court judge has ruled that the right-to-die case of a man who can only communicate by blinking and wants his ‘suffering to end’ should be allowed to proceed.”

Full story

The Guardian, 12th March 2012

Source: www.guardian.co.uk

The Public Sector Equality Duty: The future is unwritten – Cloisters

Posted March 12th, 2012 in civil servants, equality, local government, news by sally

“With power and responsibility, thus spake Parliament, comes the obligation to take a proactive stance in the advancement of equality and elimination of discrimination. Accordingly a public authority can face legal challenges in the exercise of its functions not just for its acts but for its omissions. Enter the public sector equality duty.”

Full story (PDF)

Cloisters, March 2012

Source: www.cloisters.com

Abu Qatada barrister could become Britain’s next European human rights judge – Daily Telegraph

Posted March 12th, 2012 in barristers, human rights, judges, news, terrorism by sally

“A barrister likely to become Britain’s next judge at the controversial European Court of Human Rights has defended the radical cleric Abu Qatada on several occasions. ”

Full story

Daily Telegraph, 10th March 2012

Source: www.telegraph.co.uk

A working life: the divorce mediator – The Guardian

Posted March 12th, 2012 in costs, dispute resolution, divorce, news by sally

“With meditation now compulsory for couples who want a divorce, Neal Robinson’s practice has an ever-increasing workload.”

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The Guardian, 9th March 2012

Source: www.guardian.co.uk

BOA’s lifetime doping ban goes before court of arbitration for sport – The Guardian

Posted March 12th, 2012 in arbitration, drug offences, news, rehabilitation, sport by sally

“The British Olympic Association will appear before the court of arbitration for sport on Monday in an attempt to uphold its lifetime doping ban, insisting it has a ‘strong case’ despite most sports lawyers expecting it to lose.”

Full story

The Guardian, 11th March 2012

Source: www.guardian.co.uk

W (Algeria) and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, confidentiality, disclosure, immigration, law reports, news, witnesses by sally

W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69

“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Miah and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in human rights, immigration, law reports by sally

Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68

“There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Lamichhane v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, immigration, jurisdiction, law reports, tribunals by sally

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67

“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Gedeon Richter plc v Bayer Schering Pharma AG – WLR Daily

Posted March 12th, 2012 in law reports, medicines, patents by sally

Gedeon Richter plc v Bayer Schering Pharma AG [2012] EWCA Civ 235; [2012] WLR (D) 66

“On an application for the revocation of a registered patent on the ground of obviousness it was sufficient for the judge hearing the case to take an objective view whether a skilled formulator would take the trouble to obtain copies of papers published by inventors or review their contents to ascertain whether the patent in question related to an invention which was novel. The judge was not obliged to consider what view a notional team that included a medicinal chemist, pharmacologists and biochemists would take as to the issue of obviousness or whether something would have been ‘obvious to try’.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Forty-two chambers sign up to new PRIME-style Bar diversity scheme – Legal Week

Posted March 12th, 2012 in barristers, diversity, inns of court, news, pupillage by sally

“The Inner Temple has launched a work experience scheme to encourage social mobility and diversity at the Bar.”

Full story

Legal Week, 12th March 2012

Source: www.legalweek.com

Related link: Pegasus Access Scheme

Christians have no right to wear cross at work, says Government – Daily Telegraph

“Christians do not have a right to wear a cross or crucifix openly at work, the Government is to argue in a landmark court case.”

Full story

Daily Telegraph, 10th March 2012

Source: www.telegraph.co.uk

Expert witnesses accused of ‘industrial scale perjury’ – BBC News

Posted March 12th, 2012 in expert witnesses, insurance, news, perjury by sally

“Some 20,000 court cases may have to be re-heard and seven expert witnesses could be jailed over allegations they lied in court about hire car prices.”

Full story

BBC News, 10th March 2012

Source: www.bbc.co.uk

Ian Brady to face mental health tribunal in public – The Independent

Posted March 12th, 2012 in mental health, murder, news, tribunals by sally

“Moors Murderer Ian Brady’s mental health tribunal will be held in public this summer, a judge has ruled. It is only the second time such a hearing has been open to scrutiny in this way.”

Full story

The Independent, 10th March 2012

Source: www.independent.co.uk