Archive for April 15th, 2011

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Cardinal Vaughan Memorial School, R (on the application of) v The Archbishop of Westminster & Anor [2011] EWCA Civ 433 (14 April 2011)

H and L v A City Council [2011] EWCA Civ 403 (14 April 2011)

Marcroft v Heartland (Midlands) Ltd [2011] EWCA Civ 438 (14 April 2011)

Desai v National Car Parks Services (NCP) [2011] EWCA Civ 402 (14 April 2011)

Court of Appeal (Criminal Division)

Deeney, R. v [2011] EWCA Crim 893 (14 April 2011)

R & Anor, R. v [2011] EWCA Crim 944 (13 April 2011)

Letchford & Ors, R. v [2011] EWCA Crim 943 (13 April 2011)

High Court (Administrative Court)

Council for Healthcare Regulatory Excellence v Nursing and Midwifery Council & Anor [2011] EWHC 927 (Admin) (14 April 2011)

All About Rights Law Practice, R (on the application of) v Legal Services Commission [2011] EWHC 964 (Admin) (14 April 2011)

Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011)

Inzunza & Ors v United States of America & Ors (Rev 1) [2011] EWHC 920 (Admin) (14 April 2011)

K and AC Jackson & Son, R (on the application of) v Department for the Environment, Food and Rural Affairs [2011] EWHC 956 (Admin) (14 April 2011)

High Court (Chancery Division)

Football Dataco Ltd & Ors v Smoot Enterprises Ltd & Anor (Rev 1) [2011] EWHC 973 (Ch) (14 April 2011)

Prudential Staff Pensions Ltd v The Prudential Assurance Company Ltd & Ors [2011] EWHC 960 (Ch) (14 April 2011)

Europeans Ltd v Revenue and Customs [2011] EWHC 948 (Ch) (13 April 2011)

High Court (Commercial Court)

Dhanani v Crasnianski [2011] EWHC 926 (Comm) (15 April 2011)

Al- Sadi v Al- Sadi [2011] EWHC 976 (Comm) (14 April 2011)

High Court (Patents Court)

H Lundbeck AS v Norpharma SPA & Ors [2011] EWHC 907 (Pat) (14 April 2011)

High Court (Queen’s Bench Division)

Double G Communications Ltd v News Group International Ltd [2011] EWHC 961 (QB) (14 April 2011)

Goodwill SIP Ltd & Ors v London Borough of Newham [2011] EWHC 980 (QB) (14 April 2011)

Source: www.bailii.org

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350;  [2011] WLR (D)  135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Albert Court Residents Association and others) v Westminster City Council – WLR Daily

Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134

“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jenson and another v Faux – WLR Daily

Jenson and another v Faux [2011] EWCA Civ 423;  [2011] WLR (D)  133

“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baker v Quantum Clothing Group Ltd and others – WLR Daily

Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17;  [2011] WLR (D)  132

“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Recent Statutory Instruments – legislation.gov.uk

The Veterinary Medicines (Amendment) Regulations 2011

The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 2011

The Network Rail (Hitchin (Cambridge Junction)) Order 2011

Source: www.legislation.gov.uk

Eversheds and DLA Piper lose employment tribunal cases – Law Society’s Gazette

“Two national firms have separately lost appeals in the employment tribunal over their redundancy selection procedures.”

Full story

Law Society’s Gazette, 14th April 2011

Source: www.lawgazette.co.uk

Domestic homicide reviews take effect – Home Office

“From today, local areas should undertake new action to tackle domestic homicide following any case where someone has been killed by their current or former partner, Home Secretary Theresa May announced.”

Full press release

Home Office, 13th April 2011

Source: www.homeoffice.gov.uk

DPP: Prosecutors and police must protect women in the home – Crown Prosecution Service

“Women in England and Wales are still more at risk of crime in their own homes than anywhere else, the Director of Public Prosecutions said in a speech today entitled ‘Domestic Violence: the facts, the issues, the future’.”

Full speech

Crown Prosecution Service, 12th April 2011

Source: www.cps.gov.uk

Attorney General: keynote speech to Minority Lawyers’ Conference – Attorney General’s Office

“Opening the 2011 conference at the Law Society in London, the Attorney spoke of the coming challenges and opportunities for lawyers.”

Full speech

Attorney General’s Office, 9th April 2011

Source: www.attorneygeneral.gov.uk

We welcome report on vulnerable witness handling – Bar Standards Board

“We have welcomed a report by the Advocacy Training Council entitled ‘Raising the Bar: Handling of vulnerable witnesses, victims and defendants in court’.”

Full press release

Bar Standards Board, 14th April 2011

Source: www.barstandardsboard.org.uk

Nigel Farage death threats crash pilot guilty – BBC News

“A pilot has been convicted of threatening to kill UKIP leader Nigel Farage following a plane crash.”

Full story

BBC News, 14th April 2011

Source: www.bbc.co.uk

Canterbury rapist jailed after cold case DNA probe – BBC News

“A Lancashire man has been jailed for life for a rape in Canterbury more than 20 years ago after latest scientific techniques helped to find a DNA match.”

Full story

BBC News, 14th April 2011

Source: www.bbc.co.uk

OFT launches extended warranties investigation – The Guaridan

“The Office of Fair Trading (OFT) is to examine whether extended warranties for domestic electrical goods, a market worth more than £750m a year, offer consumers value for money.”

Full story

The Guardian, 14th April 2011

Source: www.guardian.co.uk

Hospital accused over girl’s glue injection – The Guardian

“Great Ormond Street being sued by 11-year-old after operation left her with extensive brain damage.”

Full story

The Guardian, 15th April 2011

Source: www.guardian.co.uk

CPS decides no prosecution of BT and Phorm for alleged interception of browsing data – Crown Prosecution Service

“The Crown Prosecution Service (CPS) has decided not to consent to a request from an individual to begin a prosecution of BT Group Plc and Phorm Inc in relation to alleged unlawful interception of internet browsing data.”

Full press release

Crown Prosecution Service, 8th April 2011

Source: www.cps.gov.uk

Essex arrest error woman gets pay-out from police – BBC News

“A woman has received compensation from Essex Police after a series of errors led to her being arrested and imprisoned.”

Full story

BBC News, 12th April 2011

Source: www.bbc.co.uk

Norfolk chainsaw murderer jailed for life for wife killing – BBC News

“A man has been jailed for life for murdering his wife and dismembering her body at their Norfolk home.”

Full story

BBC News, 12th April 2011

Source: www.bbc.co.uk

Judge attacks ‘deplorable’ row over top Catholic school – Daily Telegraph

“A judge today condemned a ‘deplorable’ legal dispute between church leaders and parents over control of a top Roman Catholic comprehensive.”

Full story

Daily Telegraph, 14th April 2011

Source: www.telegraph.co.uk

Mother seeks to let daughter with brain damage die – Daily Telegraph

“The mother of a brain-damaged woman has asked a judge to allow her daughter’s life support to be switched off, in the latest of a series of controversial cases to come before one of the country’s most powerful courts.”

Full story

Daily Telegraph, 15th April 2011

Source: www.telegraph.co.uk


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