Category: judgments

Transcripts Guide – revised edition

Posted October 25th, 2011 in judgments, law reports, news by sally

In February of this year the Inner Temple Library produced a revised edition of Transcripts of Judicial Proceedings in England and Wales: a guide to sources.

Since that edition was published a number of changes caused by the creation of Her Majesty’s Courts and Tribunals Service, and of the new government web portal, Justice, have affected the currency of some of the content. The information in the Guide has been updated, and is now, as far as possible, correct as at 1 July 2011.

More information can be found here.

Courts need not be bound by Europe, says top judge – Daily Telegraph

Posted October 20th, 2011 in human rights, judges, judgments, news, precedent by tracey

“Lord Judge, the Lord Chief Justice, said the UK need only ‘take account’ of the decisions of the European Court of Human Rights but not necessarily follow it.”

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Daily Telegraph, 20th october 2011

Source: www.telegraph.co.uk

Independent schools can decide charitable status, says Tribunal – UK Human Rights Blog

Posted October 18th, 2011 in charities, Charity Commission, education, judgments, news by sally

” It is not for the Charity Commission or the courts to impose on trustees of a school their own idea of what is for the ‘public benefit’ so as to qualify for charitable status, the Upper Tribunal has ruled. In a detailed assessment of the law on charitable status both before and after the Charities Act, the Tribunal has indicated that the Act has not introduced any legal requirement to act in a way prescribed by the Charity Commission or anyone else. Provided they run their charity to ensure that the poor are able to benefit in a way that is more than minimal or tokenistic, they should be free to make their own considered assessment of what is for the ‘public benefit’ in the circumstances pertaining to their own institution.”

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UK Human Rights Blog, 18th October 2011

Source: www.ukhumanrightsblog.com

Lady Hale leads panel making feminist readings of court judgments – The Lawyer

Posted October 18th, 2011 in diversity, judges, judgments, news, women by sally

“A panel of distinguished female lawyers and legal scholars gathered at Norton Rose’s InterLaw Diversity Forum event on Thursday 13 October to discuss judgments from a feminist lawyer’s point of view.”

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The Lawyer, 17th October 2011

Source: www.thelawyer.com

The Carver merry-go-round and assorted other attractions – Zenith Chambers

Posted October 11th, 2011 in civil procedure rules, judgments, news, part 36 offers by sally

“New rules and developments in Part 36.”

Full story (PDF)

Zenith Chambers, 10th October 2011

Source: www.zenithchambers.co.uk

High Court rules computer simulations can obtain patent protection – OUT-LAW.com

Posted October 11th, 2011 in intellectual property, inventions, judgments, news, patents by sally

“Computer simulations of designs are not ‘unpatentable’ mental acts, the High Court has ruled.”

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OUT-LAW.com, 11th October 2011

Source: www.out-law.com

Don’t throw the BAILII out with the bath water – UK Human Rights Blog

Posted September 27th, 2011 in judgments, law reports, news by sally

“The Guardian published an editorial today (26 September) arguing that court judgments should be opened up to the public. The editorial challenges the fact that BAILII, the charity which currently publishes most judgments online, is not searchable on Google.”

Full story

UK Human Rights Blog, 26th September 2011

Source: www.ukhumanrightsblog.com

Televised sentencing: a screen test for open justice – The Guardian

Posted September 6th, 2011 in courts, judgments, media, news, sentencing by sally

“David Cameron’s plan to allow TV cameras into court will shed light on the judicial process but, crucially, leave parts in the dark.”

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The Guardian, 6th September 2011

Source: www.guardian.co.uk

David Cameron to announce court verdicts will be televised – The Guardian

Posted September 6th, 2011 in courts, judgments, media, news, sentencing, verdicts by sally

“Judges’ sentencing of offenders is to be televised under plans to be unveiled by the prime minister shortly, the Guardian has learned.”

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The Guardian, 5th September 2011

Source: www.guardian.co.uk

Transcript: Judge criticises prosecutors over disclosure of evidence – The Guardian

Posted August 18th, 2011 in Crown Prosecution Service, disclosure, evidence, judgments, news, withholding information by sally

“This is the transcript of the judge’s comments in one of the three cases in which the Crown Prosecution Service has been accused of withholding evidence.”

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The Guardian, 17th August 2011

Source: www.guardian.co.uk

Arbitration ruling shields London status – The Lawyer

Posted August 2nd, 2011 in arbitration, employment, judgments, London, news by sally

“There was a collective sigh of relief last week as the Supreme Court overturned an appellate court ruling to find that arbitrators cannot be classed as employees and therefore are not subject to UK equality rules.”

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The Lawyer, 1st August 2011

Source: www.thelawyer.com

Wilberforce silk fails to win over Supreme Court in pensions case – The Lawyer

Posted July 28th, 2011 in judgments, law reports, legislation, pensions, Supreme Court by tracey

“The Department of Work and Pensions (DWP) is set to redraft pensions legislation after defeat in a key pensions case in the Supreme Court this morning.”

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The Lawyer, 27th July 2011

Source: www.thelawyer.com

Online marketplaces liable for sellers’ infringement in ‘promoted’ sales, says ECJ – OUT-LAW.com

Posted July 12th, 2011 in EC law, internet, judgments, news, trade marks by tracey

“EBay and other online marketplaces will be liable for sellers’ trade mark infringements if they promote infringing sales or help sellers to ‘optimise’ their pages, the European Court of Justice (ECJ) has ruled.”

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OUT-LAW.com, 12th July 2011

Source: www.out-law.com

Fred Goodwin told by judge details of his affair were in the public interest – The Guardian

Posted June 10th, 2011 in injunctions, judgments, news, public interest by michael

“The former chief executive of the Royal Bank of Scotland could not have expected to keep an alleged affair with a colleague concealed by the use of privacy injunctions because the nature of his job meant there was a public interest in his relationships, a judge has said.”

Full story

The Guardian, 9th June 2011

Source: www.guardian.co.uk

Anatomy of an injunction: OPQ v two anonymous others – The Guardian

Posted May 24th, 2011 in injunctions, judgments, news by sally

“We identify the key passages in the judgment handed down allowing an injunction for a man known only as OPQ.”

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The Guardian, 24th May 2011

Source: www.guardian.co.uk

Justice Secretary warning over ECHR judgments – The Independent

Posted April 26th, 2011 in human rights, judgments, Ministry of Justice, news by sally

“The European Court of Human Rights (ECHR) has been ‘rather too ready to substitute its own judgment for that of national courts’, the Justice Secretary said today.”

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The Independent, 26th April 2011

Source: www.independent.co.uk

Court results put on Twitter by West Midlands Police – BBC News

Posted April 19th, 2011 in internet, judgments, law reports, news, police by sally

“Results from cases heard at Birmingham Magistrates’ Court are being put on Twitter by West Midlands Police.”

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BBC News, 19th April 2011

Source: www.bbc.co.uk

Community trade mark court rulings should apply across the EU, ECJ rules – OUT-LAW.com

Posted April 14th, 2011 in EC law, judgments, news, trade marks by sally

“Rulings by Community trade mark courts should in most cases apply across the EU and not just in the country in which they were made, the European Court of Justice (ECJ) has said.”

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OUT-LAW.com, 13th April 2011

Source: www.out-law.com

Politicians to blame for human rights rulings, says judge – Daily Telegraph

Posted March 30th, 2011 in human rights, judges, judgments, news, sentencing by sally

“Politicians should stop criticising human rights ruling as they are to blame for tying the hands of courts, the country’s most senior judge signalled yesterday.”

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Daily Telegraph, 29th March 2011

Source: www.telegraph.co.uk

Master of the rolls to judges: keep your judgments simple – The Guardian

Posted March 24th, 2011 in judgments, judiciary, news by sally

“Judges should avoid making judgments that are ‘readable by few, comprehendible by fewer still’, said Lord Neuberger in a speech on open justice last week. With a nod to Gilbert and Sullivan’s accessible opera he offered Lord Atkin’s decision in Donoghue v Stevenson as ‘a very model of a modern major judgment’. The case, decided by the House of Lords in 1932, features a decomposed snail in a bottle of ginger beer and is known to every lawyer in the land: it sets out, in clear terms, the scope of the law of negligence.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk