BAILII: Recent Decisions

Posted July 8th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Sadique v R [2013] EWCA Crim 1150 (05 July 2013)

Court of Appeal (Civil Division)

Chishimba v Royal Borough of Kensington And Chelsea [2013] EWCA Civ 786 (25 March 2013)

Nicholas, R (on the application of) v Upper Tribunal (Administrative Appeals Chamber) & Anor [2013] EWCA Civ 799 (05 July 2013)

Secretary of State for Communities and Local Government v San Vicente & Anor [2013] EWCA Civ 817 (05 July 2013)

Edwards v Flamingo Land Ltd [2013] EWCA Civ 801 (05 July 2013)

High Court (Queen’s Bench Division)

Ali v Caton & Anor [2013] EWHC 1730 (QB) (05 July 2013)

High Court (Administrative Court)

Edwards v Government of United States of America [2013] EWHC 1906 (Admin) (04 July 2013)

Source: www.bailii.org

Judicial Appointments Commission performance in improving judicial diversity regarding women and BAME candidates: evidence pack – Judicial Appointments Commission

“This evidence-pack reports on the diversity of recommendations made by the JAC along gender and ethnicity for the court and tribunal judiciary. It compares this diversity against different standards, including the eligible pool and recommendations made prior to the formation of the JAC. It also looks at the change in diversity among the sitting judiciary since the formation of the JAC and shows how much work there is left to do before we have a truly representative judiciary.”

Evidence pack (Powerpoint)

Judicial Appointments Commission, 13th June 2013

Source: www.jac.judiciary.gov.uk

Pupillage ‐ the way ahead  – The Bar Council

Posted July 8th, 2013 in barristers, legal aid, legal education, news, pupillage by sally

“The autumn of 2013 will see Government proposals which may bring about the greatest changes to the provision of legally aided representation in criminal cases since the introduction of public funding for those accused of crime. The last two years have seen the most fundamental reduction of legal aid provision in family and general civil work since the introduction of legal aid in 1948.”

Full story (PDF)

The Bar Council, June 2013

Source: www.barcouncil.org.uk

Interview: Lucy Scott-Moncrieff – Law Society’s Gazette

“It was a fitting end to a year’s presidency that has witnessed unprecedented changes in the way legal services are funded and delivered. On 1 July, just 10 days before she is to step down, Lucy Scott-Moncrieff was able to tell the profession that government has at last bowed to Law Society pressure and agreed to retain client choice at the heart of the criminal legal aid system.”

Full story

Law Society’s Gazette, 8th July 2013

Source: www.lawgazette.co.uk

Judges call for urgent overhaul to cope with surge of LIPs – Law Society’s Gazette

Posted July 8th, 2013 in judiciary, legal aid, legal education, litigants in person, news by sally

“The government and judicial office must overhaul training, advice to litigants and the nature of the court process itself to deal with thousands more litigants in person (LIPs), a judicial working group has concluded.”

Full story

Law Society’s Gazette, 5th July 2013

Source: www.lawgazette.co.uk

Home Secretary statement on Abu Qatada – Home Office

Posted July 8th, 2013 in bills, deportation, human rights, immigration, news, terrorism by sally

“Statement by Home Secretary Theresa May following the deportation of Abu Qatada on Sunday (7 July).”

Full story

Home Office, 7th July 2013

Source: www.gov.uk/home-office

Now is the time for a total review – The Bar Council

“Barristers are such an easy target. Trite sneers are instantly available to the disappointed litigant, failed pupil or populist politician. We are ‘fat cats’ sitting in ‘Georgian terraces’ bleating about the ‘racket’ coming to an end. The natural response of the practitioner to these comments is anger and frustration.”

Full story (PDF)

The Bar Council, July 2013

Source: www.barcouncil.org.uk

Britain and the International Rule of Law – Attorney General’s Office

Posted July 8th, 2013 in international law, jurisdiction, news, rule of law, United Nations by sally

“Speech to Chatham House on Britain’s contribution to the development of international law Originally given at London. This is the text of the speech as drafted, which may differ slightly from the delivered version.”

Full story

Attorney General’s Office, 3rd July 2013

Source: www.gov.uk/ago

Data protection enforcement in UK, France and Germany explained – OUT-LAW.com

Posted July 8th, 2013 in data protection, EC law, enforcement, internet, jurisdiction, news, ombudsmen, privacy by sally

“FOCUS: Companies operating in the European Union must process personal data in line with the EU’s Data Protection Directive. But, like Google in recent years, they find themselves facing very different enforcement regimes in each country.”

Full story

OUT-LAW.com, 5th July 2013

Source: www.out-law.com

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 46 | UKSC 2013/0152 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) – Supreme Court

Posted July 8th, 2013 in appeals, damages, law reports, patents, res judicata, Supreme Court by sally

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) [2013] UKSC 46 | UKSC 2010/0013 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Can you spot the difference? New research published on the impact of lookalike products – Technology Law Update

“We are continually hearing about the inherent value of a brand. A well established brand helps customers identify the product they’re buying and can reassure them about the quality they can expect. It is therefore no surprise that other companies often try to piggyback off well established brands in order to sell their similar product.”

Full story

Technology Law Update, 5th July 2013

Source: www.technology-law-blog.co.uk

Trade Mark Infringement and Passing off: British Sky Broadcasting Group Plc v Microsoft Corporation – NIPC Law

Posted July 8th, 2013 in news, trade marks by sally

“In British Sky Broadcasting Group Plc and Others v Microsoft Corporation Microsoft and another [2013] EWHC 1826 (Ch), Sky (that is to say British Sky Broadcasting Group plc, Sky IP International Limited, British Sky Broadcasting Limited and Sky International AG) sued Microsoft (Microsoft Corporation and Microsoft Luxembourg Sarl) for infringement of its British and Community trade marks and passing off while Microsoft counterclaimed for declarations of invalidity of Sky’s trade marks on grounds of descriptiveness and impermissible amendment.”

Full story

NIPC Law, 7th July 2013

Source: www.nipclaw.blogspot.co.uk

McFail – NearlyLegal

“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”

Full story

NearlyLegal, 7th July 2013

Source: www.nearlylegal.co.uk

Cost of practising as a solicitor to rise sharply – Legal Futures

“The cost of practising as a solicitor is set to rise at a rate of more than four times inflation, if the Law Society’s council approves figures that will be put before it later this week.”

Full story

Legal Futures, 8th July 2013

Source: www.legalfutures.co.uk

E-cigarettes: Is a smoking alternative being choked by regulation? – BBC News

Posted July 8th, 2013 in EC law, licensing, news, regulations, smoking by sally

“Dozens of countries are introducing legislation restricting the use of electronic cigarettes, but their proponents say they are harmless and their use could in fact save millions of lives. Could they be right?”

Full story

BBC News, 6th July 2013

Source: www.bbc.co.uk

Call for inquiry into deaths of four men at psychiatric hospital – The Guardian

Posted July 8th, 2013 in hospitals, inquests, inquiries, medical treatment, mental health, news by sally

“A public inquiry has been demanded into the use of anti-psychotic drugs after an investigation revealed that side-effects from such medication probably played a part in the deaths, in quick succession, of four men on one hospital ward.”

Full story

The Guardian, 7th July 2013

Source: www.guardian.co.uk

North Wales care abuse: Jillings report published after 17 years – BBC News

“A report written 17 years ago into claims of abuse at children’s homes in north Wales in the 1970s and 1980s has been published.”

Full story

BBC News, 8th July 2013

Source: www.bbc.co.uk

Crackdown on perks for young offenders – Daily Telegraph

Posted July 8th, 2013 in detention, news, young offenders by sally

“Young offenders face being stripped of perks such as video games consoles in a crackdown on the ‘ludicrous’ soft regime in the youth custody system being planned by the Justice Secretary.”

Full story

Daily Telegraph, 7th July 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

As Abu Qatada leaves, Theresa May vows to change human rights law – The Guardian

“Chris Grayling, the justice secretary, celebrated the successful deportation of Abu Qatada to Jordan on Sunday by saying the long-running saga meant there would have to be ‘wholesale changes’ in Britain’s human rights laws.”

Full story

The Guardian, 7th July 2013

Source: www.guardian.co.uk