BAILII: Recent Decisions

Posted October 8th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Criminal Practice Directions [2013] EWCA Crim 1631 (03 October 2013)

Practice Direction on Costs in Criminal Proceedings [2013] EWCA Crim 1632 (03 October 2013)

Speed, R. v [2013] EWCA Crim 1650 (07 October 2013)

Court of Appeal (Civil Division)

Gelley & Ors v Shepherd & Anor [2013] EWCA Civ 1172 (07 October 2013)

M (Children) [2013] EWCA Civ 1170 (04 October 2013)

Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2013] EWCA Civ 1174 (04 October 2013)

JW Spear & Son Ltd & Ors v Zynga Inc [2013] EWCA Civ 1175 (04 October 2013)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173 (04 October 2013)

Ford v Malaysian Airline Systems Berhad [2013] EWCA Civ 1163 (27 September 2013)

High Court (Queen’s Bench Division)

T & Ors, R (on the application of) v Sheffield City Council [2013] EWHC 2953 (QB) (04 October 2013)

Matthews v Collins (t/a Herbert Collins & Sons) & Ors [2013] EWHC 2952 (QB) (04 October 2013)

High Court (Chancery Division)

Conductive Inkjet Technology Ltd v Uni -Pixel Displays Inc [2013] EWHC 2968 (Ch) (07 October 2013)

High Court (Family Division)

Button v Salama [2013] EWHC 2972 (Fam) (27 September 2013)

High Court (Administrative Court)

Gate (oao on balhalf of Transport Solutions FOP Lancaster and Morecambe), R (on the application of) v Secretary of State for Transport & Anor [2013] EWHC 2937 (Admin) (04 October 2013)

High Court (Technology and Construction Court)

Covanta Energy Ltd v Merseyside Waste Disposal Authority [2013] EWHC 2922 (TCC) (26 September 2013)

Willis v MRJ Rundell & Associates Ltd & Anor [2013] EWHC 2923 (TCC) (25 September 2013)

Pioneer Cladding Ltd v John Graham Construction Ltd [2013] EWHC 2954 (TCC) (04 October 2013)

CSG (Stratford) Ltd & Ors v London Borough Of Newham & Ors [2013] EWHC 2868 (TCC) (02 October 2013)

High Court (Commercial Court)

Erste Group Bank AG (London Branch) v JSC “VMZ Red October” [2013] EWHC 2926 (Comm) (03 October 2013)

High Court (Patents Court)

Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat) (04 October 2013)

Source: www.bailii.org

EVENT: University of Westminster Bar Society – Mooting Masterclass with Alastair Hodge

Posted October 8th, 2013 in Forthcoming events by sally

“Want to learn more about how to Moot and know about how life was like as a trainee barrister? We are delighted to have the company of Alastair Hodge, Barrister-at-Law from 5 Essex Court, who will prove that Barristers can have fun too!”

Date: Tuesday 22nd October 2013, 17.00-19.00pm

Location: The Pavilion, 115 New Cavendish Street, London W1W

Charge: Free, see website for details

More information can be found here.

High Court gives green light to QASA judicial review – Legal Futures

“Criminal barristers were yesterday given permission to pursue their judicial review against the Legal Services Board over the Quality Assurance Scheme for Advocates (QASA).”

Full story

Legal Futures, 8th October 2013

Source: www.legalfutures.co.uk

Jeremy Forrest trial: No action to be taken against woman over perverting the course of justice claim – The Independent

“No further action will be taken against a woman who was suspected of trying to pervert the course of justice in connection with the case of jailed teacher Jeremy Forrest.”

Full story

The Independent, 7th October 2013

Source: www.independent.co.uk

A generational duty – Law Society’s Gazette

Posted October 8th, 2013 in consultations, Law Commission, news by sally

“‘Each generation has its duty to keep the law in conformity with the needs of the time.’ So said Lord Denning, speaking in support of the Law Commissions Bill during its second reading in the House of Lords in 1965. Since its subsequent establishment under the Law Commissions Act 1965, the Law Commission has sought to do exactly that.”

Full story

Law Society’s Gazette, 7th October 2013

Source: www.lawgazette.co.uk

Newspapers’ plans for post-Leveson press regulation rejected – The Guardian

Posted October 8th, 2013 in charters, constitutional reform, media, news, Privy Council, victims by sally

“Plans on how to regulate the press industry have been delayed until later this month after a difficult meeting of the key players rejected the regulatory plans proposed by the industry but also could not agree whether to back the royal charter passed by parliament.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

New Zealand businessman Mark Lundy set for retrial after 12 years in jail as he wins appeal in UK court over murder conviction

Posted October 8th, 2013 in evidence, murder, news, Privy Council, retrials by sally

“A businessman sentenced to life imprisonment for the murders of his wife and daughter in New Zealand had his conviction quashed by a British court today following the emergence of new evidence.”

Full story

The Independent, 7th October 2013

Source: www.independent.co.uk

Q&A: National Crime Agency – BBC News

“The UK has launched a new National Crime Agency. What is it and what does it do?”

Full story

BBC News, 6th October 2013

Source: www.bbc.co.uk

Anti-drones protesters who broke into RAF base are praised by judge – The Guardian

Posted October 8th, 2013 in appeals, complaints, costs, criminal damage, news by sally

“Six protesters who broke into RAF Waddington in Lincolnshire, home of Britain’s first unmanned drones base, were described by a judge at their trial on Monday as ‘dutiful people’. He said it was only with a ‘heavy heart’ that he found them guilty of criminal damage to the base.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

Paedophile who received suspended jail term after prosecution branded 13-year-old victim ‘predatory’ to have sentence reviewed – The Independent

“A paedophile who received a suspended jail term after the prosecution branded his 13-year-old victim ‘predatory’ is having his sentence reviewed.”

Full story

The Independent, 8th October 2013

Source: www.independent.co.uk

Commuters could be in line for savings following court case – Daily Telegraph

Posted October 8th, 2013 in consumer protection, costs, news, railways by sally

“A commuter’s court victory could see hundreds of passengers demanding cheaper season tickets as train operators move to plug a ‘loophole’ which he exploited.”

Full story

Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Sex-selective abortion allegations unprovable, says top prosecutor – The Guardian

Posted October 8th, 2013 in abortion, doctors, gender, news, prosecutions by sally

“It would be impossible to prove that two doctors authorised abortions solely on the basis of the baby’s gender, the director of public prosecutions has said in an explanation of why charges were not brought against them.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

Statement from Director of Public Prosecutions on abortion related cases – Crown Prosecution Service

“In early 2012, the Daily Telegraph carried out an undercover investigation at various abortion clinics in England. As a result, a police investigation was conducted and, in due course, the police asked the Crown Prosecution Service (CPS) for advice about possible criminal charges. This note relates to the decision to take no further action in relation to two doctors: Dr S and Dr R.”

Full story

Crown Prosecution Service, 7th October 2013

Source: www.cps.gov.uk

Pinckney v KDG Mediatech AG – WLR Daily

Posted October 7th, 2013 in conflict of laws, copyright, internet, jurisdiction, law reports by sally

Pinckney v KDG Mediatech AG (Case C-170/12); [2013] WLR (D) 367

“In the event of alleged infringement of copyrights protected by the member state of the court seised, the latter had jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another member state and which had, in the latter state, reproduced that work on a material support which was subsequently sold by companies established in a third member state through an Internet site also accessible with the jurisdiction of the court seised. That court had jurisdiction only to determine the damage caused in the member state within which it was situated.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening – WLR Daily

Posted October 7th, 2013 in appeals, EC law, internet, interpretation, law reports, publishing, time limits by sally

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening (Case C-626/11P); [2013] WLR (D) 365

“Where the period of time allowed for commencing proceedings against a measure adopted by an European Union institution ran from the publication of that measure, the provisions of rule 102(1) of the Rules of Procedure of the General Court whereby that period was to be calculated from the end of the 14th day after publication in the Official Journal of the European Union, applied to any published measure irrespective of the means of publication.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

French Republic v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, state aids, taxation by sally

French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364

“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

The Dow Chemical Co v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, competition, EC law, joint ventures, law reports, subsidiary companies by sally

The Dow Chemical Co v Commission of the European Union (Case C-179/12P); [2013] WLR (D) 363

“For the purposes of establishing liability for participation in an infringement of article 101FEU of the FEU Treaty, where two parent companies each had a 50% shareholding in a joint venture company which had committed an infringement, and only in so far as the commission had demonstrated that both parent companies did in fact exercise decisive influence over the joint venture, those three entities could be considered to form a single economic unit and therefore form a single undertaking for the purposes of article 101FEU.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Changes to Public Access rules come into effect – Bar Standards Board

Posted October 7th, 2013 in barristers, codes of practice, legal aid, legal education, licensing, news by sally

“Changes to Public Access rules come into effect today, as the Bar Standards Board (BSB) announces the appointment of the Bar Council and HJT to deliver new Public Access training schemes. The BSB also expects to be approving other providers shortly.”

Full story

Bar Standards Board, 4th October 2013

Source: www.barstandardsboard.org.uk

Finance and Divorce Update – Family Law Week

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in September.”

Full story

Family Law Week, 3rd October 2013

Source: www.familylawweek.co.uk