Month: March 2012

BAILII: Recent Decisions

Posted March 29th, 2012 in law reports by sally

Supreme Court

Employers’ Liability Insurance “Trigger” Litigation: BAI (Run Off) Ltd v Durham & Ors [2012] UKSC 14 (28 March 2012)

Court of Appeal (Civil Division)

DL v A Local Authority & Ors [2012] EWCA Civ 253 (28 March 2012)

Abubakar v Entry Clearance Officer (Sannaa) [2012] EWCA Civ 377 (28 March 2012)

High Court (Queen’s Bench Division)

Citation Plc v Ellis Whittam Ltd [2012] EWHC 764 (QB) (28 March 2012)

SKA & Anor v CRH & Anor [2012] EWHC 766 (QB) (28 March 2012)

Church v MGN Ltd [2012] EWHC 693 (QB) (28 March 2012)

High Court (Chancery Division)

Isis Investments Ltd v Oscatello Investments Ltd & Ors [2012] EWHC 745 (Ch) (23 March 2012)

High Court (Administrative Court)

Aga v General Medical Council [2012] EWHC 782 (Admin) (28 March 2012)

Source: www.bailii.org

Commissioner of Taxpayer Audit and Assessment v Cigarette Company of Jamaica Ltd (in voluntary liquidation) – WLR Daily

Posted March 29th, 2012 in income tax, law reports, news, Privy Council by sally

Commissioner of Taxpayer Audit and Assessment v Cigarette Company of Jamaica Ltd (in voluntary liquidation) [2012] UKPC 9; [2012] WLR (D) 99

“For the purposes of income tax assessment, a transaction was “artificial” if it had, as compared with normal transactions of an ostensibly similar type, features that were abnormal and appeared to be part of a plan. A transaction was not artificial merely because it was not commercial, but if a transaction effected in a commercial context was attacked as uncommercial that might be a reason for looking at it closely.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Bar Council Welcomes Lords Constitution Committee Report on Judicial Appointments – The Bar Council

Posted March 29th, 2012 in judicial appointments commission, news, reports by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the findings and recommendations of the House of Lords Constitution Committee in its report on Judicial Appointments published today. The inquiry, to which the former Chairman of the Bar, Peter Lodder QC, gave evidence, found that the principle of appointments based on merit is vital and should continue, an outcome which the Bar Council completely endorses.”

Full story

The Bar Council, 28th March 2012

Source: www.barcouncil.org.uk

IPCC urging evidence law change – BBC News

Posted March 29th, 2012 in complaints, evidence, interception, news, police, telecommunications by sally

“Changes to the law are needed to ensure fuller details can be revealed in cases where people have died at the hands of officers, the Independent Police Complaints Commission (IPCC) has said.”

Full story

BBC News, 29th March 2012

Source: www.bbc.co.uk

Hackers to face two years in jail under new rules proposed by EU – The Independent

Posted March 29th, 2012 in computer crime, EC law, news, sentencing by sally

“Computer hackers will face at least two years in jail under new rules proposed by the EU, it has emerged. The wide-ranging measures, which are aimed at tackling the rise of online crime, are likely to hit hacktivism groups such as Anonymous.”

Full story

The Independent, 28th March 2012

Source: www.independent.co.uk

Legal training: the best routes to becoming a lawyer – The Lawyer

Posted March 29th, 2012 in legal education, news by sally

“Abolishing the concept of the qualifying law degree, more common training for prospective lawyers, replacing the training contract with ‘supervised practice’ and sector-wide CPD – just some of the ‘more radical’ ideas being considered by the profession-wide Legal Education and Training Review (LETR).”

Full story

The Lawyer, 29th March 2012

Source: www.thelawyer.com

Would introducing a minimum price for alcohol of 40p per unit breach EU law? – The Guardian

Posted March 29th, 2012 in alcohol abuse, competition, EC law, freedom of movement, news by sally

“Last week’s announcement regarding minimum alcohol pricing was unusual in a number of respects. Plans for the introduction of a minimum price per unit are already well advanced in Scotland, but the Westminster government is a more recent convert. As soon as the proposal was announced, it was clear the implementation was likely to come under legal challenge from the drinks industry. The Telegraph, the Guardian and the Daily Mail all indicate that the drinks industry had ‘legal advice’ that the minimum pricing would be contrary to EU law.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

Man loses privacy case over telling his wife about twins – BBC News

Posted March 29th, 2012 in blackmail, disclosure, families, harassment, injunctions, news, privacy by sally

“A businessman has failed in his High Court bid to prevent his wife being told of the birth of his twins from a secret relationship.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Improving social mobility at the bar? Students at the Old Bailey is a start – The Guardian

Posted March 29th, 2012 in barristers, diversity, legal education, news by sally

“The sight of privileged barristers cross-examining some of society’s worst-off as they stand in the dock has long disquieted the legal profession. So a number of social mobility initiatives have been created with the aim of luring those from less well-off backgrounds into the profession.”

Full story

The Guardian, 29th March 2012

Source: www.guardian.co.uk

Courtroom cameras ‘risk turning trials into a circus’ – The Independent

Posted March 29th, 2012 in courts, judgments, media, news by sally

“Plans to allow cameras into courtrooms would risk turning trials into media circuses and could jeopardise defendants’ safety, ministers were warned last night by a leading solicitor.”

Full story

The Independent, 29th March 2012

Source: www.independent.co.uk

Existing copyright licensing processes not accounting properly for ‘mixed media’ and digital content, report says – OUT-LAW.com

Posted March 29th, 2012 in copyright, internet, licensing, news, reports by sally

“Copyright licensing processes in the UK could be more ‘streamlined, easier and cheaper to use’ than is currently the case, a report into the framework has said.”

Full story

OUT-LAW.com, 28th March 2012

Source: www.out-law.com

Hacker declared fit to stand trial in US court – The Independent

Posted March 29th, 2012 in computer crime, extradition, mental health, news by sally

“Gary McKinnon is almost certain to be extradited to the US after a psychiatrist declared him fit to be sent abroad, despite the same doctor having said three years ago that the computer hacker was too great a suicide risk to be handed to American authorities.”

Full story

The Independent, 29th March 2012

Source: www.independent.co.uk

Leveson Inquiry: IPCC ‘error’ over Mark Duggan shooting – BBC News

Posted March 29th, 2012 in complaints, homicide, inquiries, media, news, police by sally

“The head of the Independent Police Complaints Commission (IPCC) has said it made a ‘serious error’ in its handling of the Mark Duggan shooting.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Jeremy Bamber in new challenge to conviction for murdering family – The Guardian

Posted March 29th, 2012 in appeals, Criminal Cases Review Commission, murder, news, witnesses by sally

“Jeremy Bamber, who was jailed for 26 years for killing five members of his own family, is launching another bid for freedom after evidence emerged that the assistant director of public prosecutions decided not to proceed with drug trafficking and fraud allegations against a key prosecution witness.”

Full story

The Guardian, 29th March 2012

Source: www.guardian.co.uk

Related link: Jeremy Bamber: prosecutor’s correspondence with police – full documents

Parents will have legal right to choose the best school for their children, says David Cameron – Daily Telegraph

Posted March 29th, 2012 in complaints, education, hospitals, news by sally

“People will have a legal ‘right to choose’ which schools and hospitals they use under new laws overhauling public services, David Cameron says today.”

Full story

Daily Telegraph, 28th March 2012

Source: www.telegraph.co.uk

Asbestos court ruling leaves insurers facing bill of up to £5bn – The Guardian

Posted March 29th, 2012 in asbestos, indemnities, industrial injuries, insurance, news, Supreme Court by sally

“Insurers may have to pay out as much as £5bn to relatives of those who have died from asbestos-related cancers following a supreme court judgment that will benefit thousands of families.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

‘Tesco Law’ allows legal services in supermarkets – BBC News

Posted March 29th, 2012 in alternative business structures, legal services, news by sally

“A big shake-up of legal services has removed restrictions on where such products may be sold.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Charlotte Church article in People could be defamatory, judge rules – The Guardian

Posted March 28th, 2012 in defamation, media, news by sally

“An article in the People newspaper claiming Charlotte Church had drunkenly proposed to her boyfriend at a pub karaoke night could be seen as defamatory because she was a ‘star’, a high court judge has ruled.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

What can and can’t you say on Twitter? – BBC News

Posted March 28th, 2012 in contempt of court, defamation, incitement, injunctions, internet, news, prosecutions, racism by sally

“A student who made racially offensive comments about footballer Fabrice Muamba on Twitter has been jailed for 56 days – the latest case where a comment made on social media has landed someone in court.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Legal high drug ‘mexxy’ banned under new government powers – The Guardian

Posted March 28th, 2012 in drug offences, news, stop and search by sally

“A so-called legal high used as an alternative to ketamine will be the first drug to be banned under new government powers, the Home Office has said.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk