Day: 22 May 2013

BAILII: Recent Decisions

Posted May 22nd, 2013 in law reports by sally

Supreme Court

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013)

Revenue and Customs v Marks and Spencer plc [2013] UKSC 30 (22 May 2013)

Public Prosecution Service v McKee (Northern Ireland) [2013] UKSC 32 (22 May 2013)

Court of Appeal (Civil Division)

Sandiford, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWCA Civ 581 (22 May 2013)

HSBC Bank Plc v Tambrook Jersey Ltd [2013] EWCA Civ 576 (22 May 2013)

Mohan v Mohan [2013] EWCA Civ 586 (22 May 2013)

Novartis AG v Hospira UK Ltd [2013] EWCA Civ 583 (22 May 2013)

Hill, R (on the application of) v Institute of Chartered Accountants In England and Wales [2013] EWCA Civ 555 (22 May 2013)

Hide v The Steeplechase Company (Cheltenham) Ltd & Ors [2013] EWCA Civ 545 (22 May 2013)

High Court (Chancery Division)

Doosan Power Systems Ltd v Babcock International Group Plc & Anor [2013] EWHC 1364 (Ch) (22 May 2013)

High Court (Administrative Court)

M, R (on the application of) v The Parole Board & Anor [2013] EWHC 1360 (Admin) (22 May 2013)

A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013)

High Court (Commercial Court)

E & Ors v M [2013] EWHC 895 (Comm) (08 May 2013)

High Court (Patents Court)

Generics (UK) Ltd (t/a Mylan) v Novartis Ag [2013] EWHC 886 (Pat) (12 April 2013)

Source: www.bailii.org

Closed material and closed proceedings in FOIA litigation: authoritative guidance from the Upper Tribunal – Panopticon

Posted May 22nd, 2013 in appeals, closed material, disclosure, freedom of information, news, tribunals by sally

“Closed material and closed proceedings are commonplace in FOIA litigation. As regards the disputed information itself, the need is self-explanatory. But what about closed material other than the disputed information, such as evidence in support of a public authority’s reliance on exemptions? To what extent is it appropriate for FOIA proceedings to be determined by reference to such material which the requester is unable to see and challenge? Also, if the public authority’s concern is with public disclosure of such material, is the solution to be found in a readiness to bring the requester’s legal representatives into a ‘confidentiality ring’? In other words, do natural and open justice demand that requesters’ legal representatives be allowed to attend the closed part of the hearing and see the closed material?”

Full story

Panopticon, 22nd May 2013

Source: www.panopticonblog.com

Two win sickness benefit test legal challenge – BBC News

Posted May 22nd, 2013 in benefits, disability discrimination, judicial review, mental health, news, tribunals by sally

“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”

Full story

BBC News, 22nd May 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

ITN News & Ors v R [2013] EWCA Crim 773 (21 May 2013)

Johal, R. v [2013] EWCA Crim 647 (19 April 2013)

Joseph Hill & Company, Solicitors, Re Wasted Costs Order Made Against [2013] EWCA Crim 775 (21 May 2013)

Court of Appeal (Civil Division)

Soares v Secretary of State for the Home Department [2013] EWCA Civ 575 (21 May 2013)

Actavis Group HF v Eli Lilly & Company [2013] EWCA Civ 517 (21 May 2013)

High Court (Queen’s Bench Division)

IA, R (on the application of) v City of Westminster Council [2013] EWHC 1273 (QB) (20 May 2013)

High Court (Chancery Division)

Coward v Phaestos Ltd & Ors [2013] EWHC 1292 (Ch) (17 May 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch) (21 May 2013)

Y County Council v ZZ [2012] EWHC B34 (Ch) (25 July 2012)

High Court (Administrative Court)

Calland, R (on the application of) v Financial Ombudsman Service Ltd [2013] EWHC 1327 (Admin) (21 May 2013)

Mary George Ltd, R (on the application of) v Care Quality Commission & Anor [2013] EWHC 1341 (Admin) (21 May 2013)

Kaiyam, R (on the application of) v Secretary of State for Justice [2013] EWHC 1340 (Admin) (21 May 2013)

High Court (Commercial Court)

Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd [2013] EWHC 1276 (Comm) (20 May 2013)

X v Y [2013] EWHC 1104 (Comm) (07 May 2013)

JSC BTA Bank v Ablyazov [2013] EWHC 1361 (Comm) (25 April 2013)

Campbell v Public Prosecutor of the Grande Instance Tribunal of St-Malo, France [2013] EWHC 1288 (Admin) (20 May 2013)

Source: www.bailii.org

Norwich child sex abuser sentence ‘not unduly lenient’ – BBC News

Posted May 22nd, 2013 in child abuse, families, news, sentencing, sexual offences, suspended sentences by sally

“A child sex abuser who was spared jail due to the impact on his family was not given an ‘unduly lenient’ sentence, the solicitor general has decided.”

Full story

BBC News, 22nd May 2013

Source: www.bbc.co.uk

Legal firms don’t respond to SME legal needs which is both a problem and an opportunity – Legal Services Board

Posted May 22nd, 2013 in fees, legal services, news, small businesses, statistics by sally

“The Legal Services Board publishes today a report on the legal needs of small businesses. The
report – In need of Advice? – is the first time that this issue has been investigated in England and
Wales.”

Full story (PDF)

Legal Services Board, 22nd May 2013

Source: www.legalservicesboard.org.uk

Related link: Findings of the Small Business Legal Needs Benchmarking Survey

New equality and diversity goals set out at Board meeting – Bar Standards Board

Posted May 22nd, 2013 in barristers, diversity, equality, news by sally

“Twelve equality objectives for 2013-14, set out in five priority areas, were approved and adopted by the Bar Standards Board at the May Board meeting – in line with statutory equality duties.”

Full story

Bar Standards Board, 21st May 2013

Source: www.barstandardsboard.org.uk

Army sniper gets £100k after MoD blew his cover – Daily Telegraph

Posted May 22nd, 2013 in anonymity, armed forces, compensation, data protection, disclosure, news, privacy by sally

“An Army sniper has been paid £100,000 in compensation after being driven into hiding when Ministry of Defence officials blew his cover.”

Full story

Daily Telegraph, 22nd May 2013

Source: www.telegraph.co.uk

Novartis AG v Hospira UK Ltd – WLR Daily

Posted May 22nd, 2013 in appeals, injunctions, law reports, patents by sally

Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184

“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Worcester child killer David McGreavy anonymity waived – BBC News

Posted May 22nd, 2013 in anonymity, disclosure, murder, news, parole, prisons by sally

“The High Court has overturned an order granting anonymity to a man who murdered three children in Worcester.”

Full story

BBC News, 22nd May 2013

Source: www.bbc.co.uk

Access to justice at risk with court fee plans, warns CJC – Litigation Futures

Posted May 22nd, 2013 in consultations, courts, fees, legal aid, litigants in person, news by sally

“Government plans to reform the regime for court fees remissions and introduce a means test are too severe and ‘will diminish access to justice for a sizeable group of low-income families’, the Civil Justice Council (CJC) has warned.”

Full story

Litigation Futures, 22nd May 2013

Source: www.litigationfutures.com

Distress must be directly linked to data breach for consumers to claim compensation, rules Court of Appeal – OUT-LAW.com

Posted May 22nd, 2013 in appeals, compensation, data protection, news, privacy by sally

“Businesses do not have to pay compensation for causing distress to consumers if they break data protection laws unless the distress suffered by consumers is linked to the breach itself, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 22nd May 2013

Source: www.out-law.com

Interflora wins trademark case against Marks & Spencer – The Guardian

Posted May 22nd, 2013 in advertising, consumer protection, damages, internet, news, trade marks by sally

“Marks and Spencer has lost a five-year legal battle with Interflora after it bought advertising space tied to Google searches for the flower delivery network’s name.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

UK Uncut loses: Taxman’s Goldman Sachs deal “not a glorious episode”, but lawful – UK Human Rights Blog

Posted May 22nd, 2013 in disclosure, HM Revenue & Customs, maladministration, mistake, news, tax avoidance, whistleblowers by sally

“Tax avoidance has hit the news again, with Apple currently facing questions from the US Senate about its exploitation of Irish company law loopholes and David Cameron writing to offshore tax havens to push for more transparency over tax rules. As it happens, the High Court has just handed down a ruling in a case which raises many of the same issues.”

Full story

UK Human Rights Blog, 22nd May 2013

Source: www.ukhumanrightsblog.com

Massive unmet legal need among small businesses, landmark research finds – Legal Futures

Posted May 22nd, 2013 in fees, legal services, news, small businesses, statistics by sally

“Legal problems are costing small businesses in England and Wales £100bn a year, with fears over the cost of legal advice meaning they are far more likely to go it alone than seek help, authoritative new research from the Legal Services Board (LSB) has found.”

Full story

Legal Futures, 22nd May 2013

Source: www.legalfutures.co.uk

‘Sugar daddy’ serial conman jailed for seven years – BBC News

Posted May 22nd, 2013 in fraud, news, sentencing by sally

“A conman who fleeced more than £170,000 out of women he met on a website for ‘sugar daddies’ has been jailed.”

Full story

BBC News, 21st May 2013

Source: www.bbc.co.uk

Chris Grayling to crack down on criminals freed early from jail – Daily Telegraph

Posted May 22nd, 2013 in early release, news, prisons, sentencing by sally

“Justice Secretary Chris Grayling has plans to crack down on criminals who are freed from jail halfway through their sentence.”

Full story

Daily Telegraph, 22nd May 2013

Source: www.telegraph.co.uk

Abdel Hakim Belhaj torture case may be heard in secret court – The Guardian

Posted May 22nd, 2013 in closed material, false imprisonment, human rights, international law, misfeasance in public office, negligence, news, rendition, torture, trespass to the person by sally

“One of the first cases to be heard by the government’s new generation of secret courts may be a claim brought by a Libyan dissident who was kidnapped along with his pregnant wife and flown to one of Muammar Gaddafi’s prisons.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

Disarray as DPP contradicts new guidance on naming of suspects – The Independent

Posted May 22nd, 2013 in anonymity, Crown Prosecution Service, disclosure, freedom of expression, human rights, media, news, police, privacy by sally

“Controversial plans to protect the identity of suspects arrested by police were in disarray last night after the Director of Public Prosecutions called for more ‘wriggle room’ to name suspects before they were charged.”

Full story

The Independent, 21st May 2013

Source: www.independent.co.uk

Doubling in innocent people branded criminals by Criminal Records Bureau – Daily Telegraph

Posted May 22nd, 2013 in criminal records, mistake, news, statistics by sally

“Hundreds of innocent people could have been given criminal records last year, more than double the previous year, new figures show.”

Full story

Daily Telegraph, 21st May 2013

Source: www.telegraph.co.uk