Phillips v Royal Society for the Protection of Birds and others – WLR Daily

Posted March 21st, 2012 in charities, gifts, law reports, wills by sally

Phillips v Royal Society for the Protection of Birds and others [2012] EWHC 618 (Ch); [2012] WLR (D) 88

“Where a corporation had been removed from the register of charities but had not been struck off and dissolved until after the death of the testatrix, a gift made in her will took effect notwithstanding that the corporation had ceased to exist.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

G v de Visser – WLR Daily

Posted March 21st, 2012 in default judgments, EC law, human rights, internet, law reports, photography, privacy by sally

G v de Visser (Case C-292/10); [2012] WLR (D) 87

“Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to trace the defendant.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Barr and others v Biffa Waste Services Ltd – WLR Daily

Posted March 21st, 2012 in appeals, law reports, nuisance, waste by sally

Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86

“Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. The fact that the alleged interference did not breach the permit nor amounted to negligence did not mean that the user had to be deemed ‘reasonable’.”

WLR Daily, 19th March 2012

Source: www.iclr.co.uk

David Anderson QC backs closed hearings in some national security cases – The Guardian

Posted March 21st, 2012 in closed material, intelligence services, news, private hearings, terrorism by sally

“The independent reviewer of terrorism legislation has said there is a ‘small but indeterminate category of national security-related claims’ in which a closed hearing would be preferable to existing court procedures.”

Full story

The Guardian, 21st March 2012

Source: www.guardian.co.uk

Lawyers condemn budget’s £20m legal funding gesture – Law Society’s Gazette

Posted March 21st, 2012 in budgets, legal aid, news, pro bono work by sally

“Chancellor George Osborne today promised £20m a year in new funding for the not-for-profit advice sector over the next two years. The sum was immediately and widely condemned as being not enough to replace shortfalls left by spending cuts.”

Full story

Law Society’s Gazette, 21st March 2012

Source: www.lawgazette.co.uk

Budget 2012 – HM Treasury

Posted March 21st, 2012 in budgets, news by sally

The Chancellor of the Exchequer, George Osborne, today announced his Budget which maintains the Government’s strategy to reduce the deficit, announces far-reaching tax reforms, and support for growth and to reward work. It sets out the actions the Government will take in three areas – creating a stable economy, a fairer, more efficient and simpler tax system, and further reforms to support growth.

Press notice (PDF)

HM Treasury, 21st March 2012

Source: www.hm-treasury.gov.uk

Related link: Budget 2012

Women’s criminal justice policy proposal fails – Law Society’s Gazette

Posted March 21st, 2012 in bills, criminal justice, news, women by sally

“A proposal to establish a women’s criminal justice policy unit within the Ministry of Justice foundered yesterday after a vote on an amendment to the Legal Aid Sentencing and Criminal Justice Bill was tied.”

Full story

Law Society’s Gazette, 21st March 2012

Source: www.lawgazette.co.uk

Court of Appeal ruling allows Taylor Wimpey development to proceed – OUT-LAW.com

Posted March 21st, 2012 in appeals, housing, news, planning, roads by sally

“Developer Taylor Wimpey can proceed with its 138 home development in Chippenham following a Court of Appeal ruling which confirmed that a lane, which is crucial to the development, is a public vehicular highway, and not a bridleway limited to walkers and riders.”

Full story

OUT-LAW.com, 21st March 2012

Source: www.out-law.com

Lady Justice Hallett: Judges are only human – Daily Telegraph

Posted March 21st, 2012 in judiciary, news, speeches by sally

“A ‘constant barrage’ of personal attacks could one day prevent judges from making ‘brave but just’ decisions, a senior figure in the Appeal Court has warned.”

Full story

Daily Telegraph, 21st March 2012

Source: www.telegraph.co.uk

Curry delivery man Abdul Samad’s murderer jailed – BBC News

Posted March 21st, 2012 in murder, news, sentencing by sally

“A man has been jailed for life for murdering a curry delivery man who was ambushed and hacked to death.”

Full story

BBC News, 21st March 2012

Source: www.bbc.co.uk

Groom jailed for starting fire at his wedding – The Guardian

Posted March 21st, 2012 in alcohol abuse, arson, news, sentencing by sally

“A property developer who set fire to a country house on his wedding night, causing more than £5m-worth of damage, has been sentenced to six years in jail.”

Full story

The Guardian, 21st March 2012

Source: www.guardian.co.uk

Man who racially abused Stan Collymore on Twitter spared prison – The Guardian

Posted March 21st, 2012 in community service, internet, news, racism, sentencing by sally

“A law student who bombarded the football commentator Stan Collymore with racist tweets has been sentenced to two years’ community service and ordered to pay £150 legal costs.”

Full story

The Guardian, 21st March 2012

Source: www.guardian.co.uk

Traveller loses appeal against flat – The Independent

Posted March 21st, 2012 in appeals, housing, local government, news, travellers by sally

“An Irish traveller forced to leave an illegal site failed to persuade senior judges today that a local authority should be obliged to re-home him in a caravan.”

Full story

The Independent, 21st March 2012

Source: www.independent.co.uk

Bigamist Emily Horne is spared jail after dressing as seventh ‘husband’ to obtain prescription – The Guardian

Posted March 21st, 2012 in bigamy, community service, fraud, news by sally

“A serial bigamist who fooled a doctor into giving her sleeping pills by dressing as her seventh husband has been spared a jail sentence.”

Full story

The Guardian, 21st March 2012

Source: www.guardian.co.uk

Flood v The Times: Reynolds privilege defence is back – The Guardian

Posted March 21st, 2012 in appeals, defamation, internet, media, news, police, privilege by sally

“The supreme court’s unanimous decision in Flood v Times Newspapers, handed down on Wednesday, gives some comfort to the media in what are otherwise gloomy times for journalists when the reputation of the news gathering and reporting trade, mid-Leveson inquiry, is hanging by a thread and the threat of statutory regulation looms large.”

Full story

The Guardian, 21st March 2012

Source: www.guardian.co.uk

Cartels and law reform – a conspiracy against the public – Halsbury’s Law Exchange

Posted March 21st, 2012 in budgets, competition, news, penalties, prosecutions by sally

“Adam Smith is often quoted for his comment on cartels:

‘People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices’.”

Full story

Halsbury’s Law Exchange, 21st March 2012

Source: www.halsburyslawexchange.co.uk

BAILII: Recent Decisions

Posted March 21st, 2012 in law reports by sally

Supreme Court

Tesco Stores Ltd v Dundee City Council (Scotland) [2012] UKSC 13 (21 March 2012)

ST Eritrea, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 12 (21 March 2012)

Flood v Times Newspapers Ltd [2012] UKSC 11 (21 March 2012)

Court of Appeal (Civil Division)

Mohamed v Secretary of State for the Home Department [2012] EWCA Civ 331 (20 March 2012)

Kennedy v Charity Commission [2012] EWCA Civ 317 (20 March 2012)

Hutchinson & Anor v Neale & Anor [2012] EWCA Civ 345 (20 March 2012)

Al Sanea v Saad Investments Co Ltd [2012] EWCA Civ 313 (20 March 2012)

FDA & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor [2012] EWCA Civ 332 (20 March 2012)

Tasneem v Dudley Group of Hospitals NHS Trust [2012] EWCA Civ 329 (21 March 2012)

Crabtree v Ng [2012] EWCA Civ 333 (21 March 2012)

Burnett v Lynch [2012] EWCA Civ 347 (21 March 2012)

Fortune & Ors v Wiltshire Council & Anor [2012] EWCA Civ 334 (20 March 2012)

High Court (Chancery Division)

Gittins v Serco Home Affairs [2012] EWHC 651 (Ch) (20 March 2012)

Groveholt Ltd v Hughes & Anor [2012] EWHC 686 (Ch) (21 March 2012)

High Court (Administrative Court)

McAuley, R (on the application of) v Crown Prosecution Service [2012] EWHC 680 (Admin) (20 March 2012)

Njoroge & Anor, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 681 (Admin) (20 March 2012)

Wright v Argentina [2012] EWHC 669 (Admin) (20 March 2012)

Ujam v General Medical Council [2012] EWHC 683 (Admin) (20 March 2012)

Source: www.bailii.org

Nominet rules prevent findings of abusive domain name registrations being re-heard in court, High Court rules – OUT-LAW.com

Posted March 21st, 2012 in dispute resolution, domain names, internet, news by sally

“Those registering ‘.uk’ domain names are not entitled to a fresh hearing in court to assess whether they have abusively registered those domains if the issue has already been determined through an industry dispute resolution service, the High Court has ruled.”

Full story

OUT-LAW.com, 21st March 2012

Source: www.out-law.com

Beaches ‘can be village greens’ – The Independent

Posted March 21st, 2012 in commons, news by sally

“Beaches are capable of being registered as “village greens”, a High Court judge declared today.”

Full story

The Independent, 21st March 2012

Source: www.independent.co.uk

Occupy Cardiff protesters claim victory after CPS drops case – The Guardian

“Two Occupy protesters who were arrested and charged when they attempted to set up camp in Cardiff are claiming victory after a case against them was unexpectedly dropped.”

Full story

The Guardian, 20th March 2012

Source: www.guardian.co.uk