Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com

Posted October 22nd, 2013 in data protection, EC law, judgments, news by tracey

“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”

Full story

OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

High Court orders disclosure of closed judgment in Afghanistan interrogation case – UK Human Rights Blog

Posted October 17th, 2013 in closed material, disclosure, judgments, news, witnesses by sally

“In ‘Evans (No. 1)’, a 2010 case concerning the transfer of suspected insurgents for questioning in certain military centres in Afghanistan, the High Court had ruled, partly in an open judgment, partly in closed proceedings, that UK transfers to NDS Kandahar and NDS Lashkar Gah could proceed without risk of ill treatment (which is contrary to UK policy), but that it would be a breach of the policy and therefore unlawful for transfers to be made to NDS Kabul. It was subsequently discovered that there had not been jurisdiction to follow a closed procedure in that case, but what was done could not be undone, so the confidentiality agreements and the closed judgment remained in force.”

Full story

UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

Lord Judge signs off with attack on ‘ambush’ advocate – Law Society’s Gazette

Posted October 2nd, 2013 in appeals, barristers, defence, judges, judgments, news, professional conduct, terrorism by tracey

“In his final court of appeal judgment as lord chief justice, Lord Judge has attacked the conduct of a defence advocate who likened the judge in a terrorist trial to a dishonest seller of worthless goods.”

Full story

Law Society’s Gazette. 30th September 2013

Source: www.lawgazette.co.uk

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily

Posted October 1st, 2013 in EC law, enforcement, foreign jurisdictions, judgments, law reports by sally

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362

“Article 34(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

The Niqaab issue is too important to be left to liberal instinct – UK Human Rights Blog

“Yesterday, before His Honour Judge Peter Murphy ruled that a female Muslim defendant in a criminal trial must remove her face-covering veil (niqaab) whilst giving evidence, Home Office Minister Jeremy Brown said he was ‘instinctively uneasy’ about restricting religious freedoms, but that there should be a national debate over banning the burka.”

Full story

UK Human Rights Blog, 17th September 2013

Source: www.ukhumanrightsblog.com

Re B (A Child): Who Held What in the Supreme Court? – Family Law Week

Posted August 19th, 2013 in appeals, children, judgments, news, Supreme Court by tracey

“Frank Feehan QC  and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal.”

Full story

Family Law Week, 16th August 2013

Source: www.familylawweek.co.uk

Keep it short, judges: no need to churn to earn – UK Human Rights Blog

Posted July 29th, 2013 in appeals, fees, judgments, news, solicitors by sally

“This time of year, high court and appellate judges will have been trying to clear their desks – to stop the complex half-finished judgment from skulking around in their minds and spoiling their holidays.”

Full story

UK Human Rights Blog, 27th July 2013

Source: www.ukhumanrightsblog.com

Court of Appeal commends short rulings as way to cut “soaring costs of litigants” – Litigation Futures

Posted July 25th, 2013 in appeals, civil justice, costs, courts, judgments, news by tracey

“Short, old-style rulings that lay out the legal propositions relevant to the case and the conclusions reached by applying them should help reduce the cost litigation, the Court of Appeal has suggested.”

Full story

Litigation Futures, 25th July 2013

Source: www.litigationfutures.com

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk

Supreme court chooses the ‘third way’ in Prest divorce case – The Guardian

“Lord Sumption’s ruling resolves the dilemma of enforcing the law and doing judgment.”

Full story

The Guardian, 12th June 2013

Source: www.guardian.co.uk

Electronic plagiarism? The dangers of the cut-and-paste – UK Human Rights Blog

Posted May 28th, 2013 in appeals, judgments, judiciary, news, plagiarism by sally

“A judge hears a case and accepts one party’s version. That party provides a convincing closing speech (in a Word document) which the judge lifts, makes some modifications, and circulates as his judgment.”

Full story

UK Human Rights Blog, 26th May 2013

Source: www.ukhumanrightsblog.com

When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children) – Family Law Week

Posted February 22nd, 2013 in appeals, child abuse, judgments, judiciary, jurisdiction, news, Supreme Court by sally

“Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.”

Full story

Family Law Week, 22nd February 2013

Source: www.familylawweek.co.uk

In re L and another (Children) (Preliminary Finding: Power to Reverse) – WLR Daily

Posted February 21st, 2013 in appeals, child abuse, children, judges, judgments, law reports, Supreme Court by sally

In re L and another (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8; [2013] WLR (D) 69

“Contrary to the practice previously adopted, a judge’s power to reverse his or her decision at any time before the court order had been sealed was not reserved for exceptional circumstances. A carefully considered change of mind by the judge was permisssible in the interests of the overriding objective of dealing with a case justly.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

In the matter of L and B (Children) – Supreme Court

Posted February 21st, 2013 in appeals, child abuse, judges, judgments, law reports, Supreme Court by sally

In the matter of L and B (Children) [2013] UKSC 8 | UKSC 2012/0263 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings

Posted February 7th, 2013 in enforcement, insolvency, judgments, jurisdiction, news, Supreme Court by sally

“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”

Full story (PDF)

11 Stone Buildings, January 2013

Source: www.11sb.com

The supreme court’s YouTube channel is a welcome step for open justice – The Guardian

Posted January 21st, 2013 in internet, judgments, news, Supreme Court, video recordings by sally

“Judgment summaries are a good start, but it would be useful to watch recordings of full hearings. Do you agree?”

Full story

The Guardian, 21st January 2013

Source: www.guardian.co.uk

Christians and working on Sundays: what the tribunal really said – The Guardian

“Written rulings should be published when tribunals give judgments in order to properly inform public debate.”

Full story

The Guardian, 10th Janaury 2013

Source: www.guardian.co.uk

Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily

Posted December 14th, 2012 in amendments, judgments, jurisdiction, law reports by tracey

Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch);   [2012] WLR (D)  375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Legal Academics: Forgotten Players or Interlopers? – The Hon. Mr Justice Beatson

Posted December 7th, 2012 in judgments, judiciary, lectures, legal profession by sally

Legal Academics: Forgotten Players or Interlopers? (PDF)

The Hon. Mr Justice Beatson

Inner Temple Reader’s Lecture Series, November 2012

Source: www.innertemple.org.uk