Easter Break
There will be no posts over the Easter weekend (Friday 6th – Monday 9th inclusive) during which time the Library will be closed. We will resume posting on Tuesday 10th April.
Day: 5 April 2012
Regina (McGetrick) v Parole Board and another – WLR Daily
Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114
“When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by the Secretary of State.”
WLR Daily, 4th April 2012
Source: www.iclr.co.uk
Sunderland City Council v Brennan and others – WLR Daily
Sunderland City Council v Brennan and others [2012] EWCA Civ 413; [2012] WLR (D) 113
“An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between productivity and bonus had been broken.”
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
Secretary of State for the Home Department v CB and another – WLR Daily
Secretary of State for the Home Department v CB and another [2012] EWCA Civ 418; [2012] WLR (D) 112
“Where a court made a non-derogating control order in proceedings against a person under the Prevention of Terrorism Act 2005, it had no jurisdiction to order a permanent stay of such proceedings under the Act nor under its case management powers in the Civil Procedure Rules, unless the controlled person requested such a course of action.”
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
In re J (Children) (Care Proceedings: Standard of Proof) – WLR Daily
In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111
In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) – WLR Daily
“Where documents had been placed before a judge and referred to in the course of court proceedings, access should generally be permitted on the open justice principle. Where access was sought for a proper journalistic principle the case for allowing it would be particularly strong. The court would undertake a fact-specific proportionality exercise where there were grounds of opposition to the application for disclosure.”
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
DKH Retail Ltd v Republic (Retail) Ltd – WLR Daily
DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch); [2012] WLR (D) 109
“The current practice, in which applications to transfer cases to and from the Patents County Court were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the Civil Procedure Rules.”
WLR Daily, 3rd April 2012
Soure: www.iclr.co.uk
Williams v Central Bank of Nigeria – WLR Daily
Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108
“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
Innovia Films Ltd v Frito-Lay North America Inc – WLR Daily
Innovia Films Ltd v Frito-Lay North America Inc [2012] EWHC 790 (Pat); [2012] WLR (D) 107
“Where a court had jurisdiction under section 82(4)(b) of the Patents Act 1977 to determine a question to which section 82 applied, the court’s jurisdiction was exclusive of all other possible jurisdictions.”
WLR Daily, 30th March 2012
Source: www.iclr.co.uk
Prison Law Bulletin – Garden Court Chambers
“The Garden Court Prison Law Team presents the third issue of its ‘Prison Law Bulletin’.”
Garden Court Chambers, 5th April 2012
Source: www.gcprisonlaw.wordpress.com
Bar Council Calls for Government to Protect Civil Liberties – The Bar Council
“The Bar Council, which represents barristers in England and Wales, has called for the Government to amend further the Regulation of Investigatory Powers Act 2000 (RIPA) to protect civil liberties and open justice.”
The Bar Council, 4th April 2012
Source: www.barcouncil.org.uk
NHS reforms ‘will mean more litigation’ – Law Society’s Gazette
“The government’s reforms to the NHS in England are set to cause a wave of legal difficulties for local authorities, solicitors were warned this week.”
Law Society’s Gazette, 5th April 2012
Source: www.lawgazette.co.uk
CoA pilots mediation scheme in bid to cut litigation costs – The Lawyer
“The Court of Appeal (CoA) is to pilot a mediation scheme for all personal injury and contract claims up to the value of £100,000 for which permission to appeal is given.”
The Lawyer, 4th April 2012
Source: www.thelawyer.com
Daniel Bartlam – was the court right to lift his anonymity? – The Guardian
“The 15-year-old who killed his mother was named to deter similar terrible crimes. But is such publicity counterproductive?”
The Guardian, 5th April 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Stangroom & Anor v Brown [2012] EWCA Civ 424 (04 April 2012)
Foley Independent News & Media Ltd & Ors v Lord Ashcroft KCMG [2012] EWCA Civ 423 (04 April 2012)
High Court (Queen’s Bench Division)
Jeeg Global Ltd v Hare [2012] EWHC 871 (QB) (04 April 2012)
Burn & Ors v The Ministry of Justice [2012] EWHC 876 (QB) (04 April 2012)
High Court (Chancery Division)
PCE Investors Ltd. v Cancer Research UK [2012] EWHC 884 (Ch) (04 April 2012)
Samsung Electronics (UK) Ltd & Anor v Apple Inc [2012] EWHC 889 (Ch) (04 April 2012)
Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 911 (Ch) (04 April 2012)
National Grid Electricity Transmission Plc v ABB Ltd & Ors [2012] EWHC 869 (Ch) (04 April 2012)
Hughes v Woolworths Group Pension Trustee Ltd [2012] EWHC 905 (Ch) (04 April 2012)
High Court (Administrative Court)
High Court (Family Division)
KK v MA & Ors [2012] EWHC 788 (Fam) (29 March 2012)
S v Z [2012] EWHC 846 (Fam) (09 March 2012)
High Court (Commercial Court)
Metall Market OOO v Vitorio Shipping Company Ltd [2012] EWHC 844 (Comm) (04 April 2012)
West Tankers Inc v Allianz SpA & Anor [2012] EWHC 854 (Comm) (04 April 2012)
Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 (Comm) (28 March 2012)
Source: www.bailii.org
Old but not forgotten: spring cleaning the statute book – Halsbury’s Law Exchange
“Pub quizzes often include a round or two on old laws supposedly still in force – the likes of being able to drive livestock over London Bridge, or to have cakes and ale during exams, or whether the death penalty is still in force for arson in the Royal Docks. A number of future answers are about to be altered at the behest of the Law Commission, which has compiled a long list of statutory deadwood to be felled this summer by an axe in the form of the Statute Law (Repeals) Bill.”
Full story
Halsbury’s Law Exchange, 4th April 2012
Source: www.halsburyslawexchange.co.uk
Author Chris McGrath faces six figure legal bill after unfavourable Amazon reviews case is struck out – The Independent
“An author who tried to sue a father of three from the West Midlands over comments made in a series of unfavourable reviews on Amazon is facing a six figure legal bill after a judge struck out his case.”
The Indpendent, 4th April 2012
Source: www.independent.co.uk
