May 2012 – Page 24 – Current Awareness

BAILII: Recent Decisions

Posted May 2nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

JSC BTA Bank v Granton Trade Ltd & Ors [2012] EWCA Civ 564 (01 May 2012)

AA (Somalia) v Entry Clearance Officer – Addis Ababa [2012] EWCA Civ 563 (01 May 2012)

Peart v Secretary of State for the Home Department [2012] EWCA Civ 568 (01 May 2012)

Cawdery Kaye Fireman & Taylor v Minkin [2012] EWCA Civ 546 (01 May 2012)

High Court (Chancery Division)

Rai & Ors v The Charity Commission for England and Wales [2012] EWHC 1111 (Ch) (01 May 2012)

High Court (Administrative Court)

Brzeski v Regional Court In Gdansk Poland [2012] EWHC 1138 (Admin) (01 May 2012)

Razzoqi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1126 (Admin) (30 April 2012)

Source: www.bailii.org

“Murder most foul”: The right to life investigating homicide – UK Human Rights Blog

Posted May 2nd, 2012 in coroners, human rights, inquests, judicial review, murder, news by sally

“In what circumstances is a criminal trial not sufficient to discharge the State’s duties under Article 2, the right to life, towards a victim of murder? The High Court held last week in this tragic case that a Coroner unlawfully and unreasonably decided not to resume an inquest into the death of a teenage girl where her killer had been ruled unfit to plead at the Old Bailey and handed an indefinite hospital order.”

UK Human Rights Blog, 1st May 2012

Source: www.ukhumanrightsblog.com

England’s most prolific criminal has 567 convictions – Daily Telegraph

Posted May 2nd, 2012 in news, recidivists, statistics by sally

“England’s most prolific criminal has almost 600 convictions to his name, official figures have disclosed.”

Daily Telegraph, 1st May 2012

Source: www.telegraph.co.uk

Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow… – UK Human Rights Blog

Posted May 2nd, 2012 in budgets, equality, judicial review, libraries, local government, news by sally

“‘Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…’ Thus concludes “Library poem”, penned by Children’s Laureate and Gruffalo creator Julia Donaldson, the latest high profile recruit to the campaign against planned library closures.”

UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

‘Living wills’ need to be completely clear, rules judge – Daily Telegraph

Posted May 2nd, 2012 in assisted suicide, Court of Protection, medical ethics, news, wills by sally

“‘Living wills’ that stipulate exactly how a person wants to die should be drawn up with absolute clarity, a judge has ruled after concluding a 67-year-old man with motor neurone disease had made a ‘valid decision’ to refuse treatment.”

Daily Telegraph, 1st May 2012

Source: www.telegraph.co.uk

Crackdown on whiplash injury claims – The Independent

Posted May 2nd, 2012 in claims management, compensation, insurance, news, personal injuries, road traffic by sally

“Whiplash injury claims cost insurers more than £2 billion last year – adding around £90 to the
cost of a typical car insurance policy, the AA has revealed.”

The Independent, 2nd May 2012

Source: www.independent.co.uk

London 2012: Legal bid over Olympics flats missile plan – BBC News

Posted May 2nd, 2012 in defence, news, sport, terrorism, weapons by sally

“An east London resident wants to take legal action after his apartment complex was earmarked for the use of surface-to-air missiles during the Olympics.”

BBC News, 1st May 2012

Source: www.bbc.co.uk

Internet freedom ‘under threat from hasty legislation in UK and US’ – The Guardian

Posted May 2nd, 2012 in freedom of expression, intellectual property, internet, media, news by sally

“Head of global media observation group says many countries are trying to restrict internet freedom in name of security.”

The Guardian, 1st May 2012

Source: www.guardian.co.uk

Drink-driving midwife had gin and tonic in her car – The Guardian

Posted May 1st, 2012 in alcohol abuse, driving licences, drunk in charge, midwives, news by sally

“A midwife who was caught drink-driving with a bottle of gin, tonic water and slices of lemon in her car has been banned from the road for three years.”

The Guardian, 1st May 2012

Source: www.guardian.co.uk

Legal aid is (almost) dead – The Guardian

Posted May 1st, 2012 in alternative business structures, bills, law centres, legal aid, news by sally

“After a long fight and a knife-edge vote in the Lords last week, the Queen gave her assent today to the Legal Aid, Sentencing and Punishment of Offenders Bill (Laspo). A significant number of people will no longer have access to professional help with legal problems.”

The Guardian, 1st May 2012

Source: www.guardian.co.uk

Government’s intelligence sharing agreements with US should be protected by secret material in drone strike case – UK Human Rights Blog

Posted May 1st, 2012 in closed material, intelligence services, murder, news, private hearings by sally

“A High Court judge has raised the prospect that national security implications may necessitate the closed material procedure (CMP) in a case being brought against the Foreign Office by the son of a drone strike victim, the Telegraph reports today.”

UK Human Rights Blog, 1st May 2012

Source: www.ukhumanrightsblog.com

Enforcement of post-termination restrictive covenants following Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch) – Hardwicke Chambers

Posted May 1st, 2012 in competition, EC law, enforcement, news, restrictive covenants by sally

“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”

Hardwicke Chambers, 25th April 2012

Source: www.hardwicke.co.uk

Command Papers

Posted May 1st, 2012 in parliamentary papers by sally

International Labour Conference, Cm 8338 (PDF)

Source: www.official-documents.gov.uk

Babar Ahmad: Extradition to the US – Hardwicke Chambers

Posted May 1st, 2012 in extradition, human rights, news, terrorism by sally

“The European Court of Human Rights in Strasbourg is often accused of getting it wrong and recently it seems hardly a day goes by without its decisions being maligned. However, politicians and commentators on all sides of the political spectrum have welcomed the court’s ruling in the case of Abu Hamza and others, which also included Babar Ahmad.”

Hardwicke Chambers, 24th April 2012

Source: www.hardwicke.co.uk

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same – WLR Daily

Posted May 1st, 2012 in data protection, evidence, harassment, human rights, law reports, notification, police by sally

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same [2012] EWHC 1115 (Admin); [2012] WLR (D) 126

“The decision of the Commissioner of the Police of the Metropolis to issue and serve warning notices to those who had been accused of harassment or stalking by means of a Prevention of Harassment Letter or a Police Information Notice, and the retention of the documents or the underlying allegations in police records thereafter, could not give rise to any infringement of the subject’s rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or under the terms of the Data Protection Act 1998 and the associated principles.”

WLR Daily, 27th April 2012

Source: www.iclr.co.uk

When is a New School not a New School? Has the new School Admissions Code opened a Pandora’s Box? – Hardwicke Chambers

Posted May 1st, 2012 in education, news, school admissions by sally

“A number of local authorities are planning to take advantage of new government powers to increase pupil numbers in good schools in order to expand the number of academically selective places in grammar schools, it was revealed in the Daily Telegraph online this month.”

Hardwicke Chambers, 24th April 2012

Source: www.hardwicke.co.uk

‘It’s Good to Share’ – Should there be a presumption of equality between parents when it comes to caring for their children? – Family Law Week

Posted May 1st, 2012 in children, divorce, equality, news, parental responsibility by sally

“Bindu Bansal, Solicitor with Paris Smith LLP, considers the advantages and disadvantages of establishing a presumption of shared parenting.”

Family Law Week, 29th April 2012

Source: www.familylawweek.com

Our right to protest is under attack – The Guardian

Posted May 1st, 2012 in demonstrations, freedom of expression, news, police, public order by sally

“We need greater clarity on when the use of ‘kettling’ is permitted before people’s freedom to protest is severely curtailed.”

The Guardian, 1st May 2012

Source: www.guardian.co.uk

CoA ruling makes parent companies liable for subsidiaries’ health and safety – Law Society’s Gazette

Posted May 1st, 2012 in appeals, health & safety, news, subsidiary companies by sally

“Parent companies have a responsibility for the health and safety of their subsidiaries’ employees, the Court of Appeal has ruled in a groundbreaking case.”

Law Society’s Gazette, 30th April 2012

Source: www.lawgazette.co.uk

New report on worldwide human rights and democracy – UK Human Rights Blog

Posted May 1st, 2012 in human rights, news, reports by sally

“The Foreign and Commonwealth Office has launched the Human Rights and Democracy- The 2011 Foreign & Commonwealth Office Report, which aims to provide ‘a comprehensive look at the human rights work of the Foreign & Commonwealth Office (FCO) around the world in 2011’. The report makes for essential reading for anyone with an interest in human rights at the global level.”

UK Human Rights Blog, 30th April 2012

Source: www.ukhumanrightsblog.com

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