BAILII: Recent Decisions

Posted March 4th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Aladeselu & Ors v Secretary of State for the Home Department [2013] EWCA Civ 144 (01 March 2013)

Aintree University Hospitals NHS Foundation Trust v James & Ors [2013] EWCA Civ 65 (01 March 2013)

Perry v The Nursing and Midwifery Council [2013] EWCA Civ 145 (28 February 2013)

Waterson v Lloyd MP & Anor [2013] EWCA Civ 136 (28 February 2013)

High Court (Queen’s Bench Division)

VFS Financial Services Ltd v JF Plant Tyres Ltd [2013] EWHC 346 (QB) (26 February 2013)

RH (A Child) v University Hospitals Bristol NHS Foundation Trust [2013] EWHC 299 (QB) (01 March 2013)

Boyle v The Commissioner of Police of the Metropolis [2013] EWHC 395 (QB) (28 February 2013)

Furnell v Flaherty (t/a Godstone Farm) [2013] EWHC 377 (QB) (27 February 2013)

High Court (Chancery Division)

89 Holland Park (Management) Ltd & Ors v Hicks [2013] EWHC 391 (Ch) (27 February 2013)

EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 379 (Ch) (28 February 2013)

High Court (Administrative Court)

Manchester College of Accountancy & Management, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 409 (Admin) (01 March 2013)

EAT, R (on the application of) v London Borough of Newham [2013] EWHC 344 (Admin) (28 February 2013)

Caetano v Commissioner of Police of the Metropolis [2013] EWHC 375 (Admin) (28 February 2013)

Singh, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 380 (Admin) (28 February 2013)

High Court (Technology and Construction Court)

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC) (27 February 2013)

Geophysical Service Centre Co v Dowell Schlumberger (ME) Inc [2013] EWHC 147 (TCC) (18 January 2013)

Berry Piling Systems Ltd v Sheer Projects Ltd [2013] EWHC 347 (TCC) (28 February 2013)

Source: www.bailii.org

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Gordon Brown’s PCC complaint against Sunday Times rejected – the Guardian

Posted March 4th, 2013 in codes of practice, complaints, expenses, fees, media, misrepresentation, news by sally

“Gordon Brown’s complaint to the Press Complaints Commission over a Sunday Times story about the more than £2m in fees and expenses received since he stepped down as prime minister has been rejected.”

Full story

The Guardian, 4th March 2013

Source: www.guardian.co.uk

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Nicola Edgington jailed for 37 years for street decapitation, as report blames police blunders for attack – The Independent

Posted March 4th, 2013 in mental health, murder, news, police, sentencing by sally

“A woman who decapitated a stranger in the street was jailed for at least 37 years today.”

Full story

The Independent, 4th March 2013

Source: www.independent.co.uk

“Can’t We Make the Local Authority Pay for It?” – Family Law Week

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”

Full story

Family Law Week, 2nd March 2013

Source: www.familylawweek.co.uk

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Revisions to the codes of practice for skilled migrant workers – UK Border Agency

Posted March 4th, 2013 in codes of practice, employment, immigration, news, remuneration by sally

“Today [1 March], the UK Border Agency is publishing a statement of intent, to help employers prepare for changes to the points-based system.

The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted certificates of sponsorship in March and April.”

Full story

UK Border Agency, 1st March 2013

Source: www.ukba.homeoffice.gov.uk

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Vernon Bogdanor – What Place for the Referendum in the UK? – UCL Constitutional Unit

Posted March 4th, 2013 in news, referendums by sally

“The referendum is an instrument of popular sovereignty, an institutional expression of the doctrine that political sovereignty derives from the people. In Britain, it has been used on a small range of issues, primarily to secure legitimacy. Some matters, especially those which involve a transfer of sovereignty, are so fundamental that the public may not accept a decision made by parliament alone as legitimate. In the 1970s, it has been suggested, Edward Heath took the British establishment into Europe, but it was left to Harold Wilson to bring the British people into Europe. Today, the establishment continues to favour membership, the people do not. That is the basic case for an `in-out’ referendum.”

Video

UCL Constitution Unit, 1st March 2013

Source: www.ucl.ac.uk/constitution-unit

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Ending the postcode lottery for inquests – Ministry of Justice

“Supporting bereaved families during an inquest will be at the heart of the new coroner system in England and Wales, Justice Minister Helen Grant said today.”

Full story

Ministry of Justice, 1st March 2013

Source: www.justice.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted March 4th, 2013 in legislation by sally

The Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 2013

The Regional Strategy for the South East (Partial Revocation) Order 2013

The Value Added Tax (Reduced Rate) (Cable-Suspended Passenger Transport Systems) Order 2013

The Payment to Treasury of Penalties Regulations 2013

The Financial Services and Markets Act 2000 (Exercise of Powers under Part 4A) (Consultation with Home State Regulators) Regulations 2013

The Central Rating List (England) (Amendment) Regulations 2013

The Export Control (Amendment) Order 2013

The Financial Services Act 2012 (Commencement No. 2) Order 2013

European Union (Approvals) Act 2013

HGV Road User Levy Act 2013

Mental Health (Discrimination) Act 2013

Prisons (Property) Act 2013

Scrap Metal Dealers Act 2013

The Civil Legal Aid (Remuneration) Regulations 2013

The Child Poverty Act 2010 (Extension of Publication Deadline) Order 2013

Source: www.legislation.gov.uk

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Improving inquests – Ministry of Justice

“Supporting bereaved families during an inquest will be at the heart of the new coroner system.”

Full story

Ministry of Justice, 1st March 2013

Source: www.justice.gov.uk

Perry v Nursing and Midwifery Council – WLR Daily

Posted March 4th, 2013 in appeals, employment tribunals, evidence, human rights, law reports, nurses by sally

Perry v Nursing and Midwifery Council [2013] EWCA Civ 145; [2013] WLR (D) 88

“Fairness did not require that a respondent to an allegation of unfitness to practise his profession had to be given an opportunity to give evidence as to the substance of that allegation before a tribunal considering whether to make an interim suspension order or other interim order under a legislative scheme, such as that contained in the Nursing and Midwifery Order 2001, since that was not what the statutory scheme envisaged or what fairness required at the interim stage. Guidance was given as to the procedure to be followed by a committee, considering whether to make an interim order pending the substantive hearing of a complaint against a member of the profession, in order to satisfy the fairness requirement.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

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Kenny v Minister for Justice, Equality and Law Reform – WLR Daily

Posted March 4th, 2013 in EC law, equal pay, news, proportionality, sex discrimination by sally

Kenny v Minister for Justice, Equality and Law Reform (Case C-427/11); [2013] WLR (D) 87

“In the light of article 141 EC and Council Directive 75/117/EEC (relating to the application of the principle of equal pay for men and women meant, in relation to indirect pay discrimination), it was for the employer to establish objective justification for the difference in pay between workers who considered that they had been indirectly discriminated against and the comparators. The employer’s justification for the difference in pay had to relate to the comparators. The interests of good industrial relations might be taken into consideration by the national court as one factor among others in its assessment of whether differences between the pay of two groups of workers were due to objective factors unrelated to any discrimination on grounds of sex and are compatible with the principle of proportionality.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

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EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

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Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf [2013] UKSC 13; [2013] WLR (D) 85

“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

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Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted March 4th, 2013 in appeals, disclosure, foreign jurisdictions, judicial review, news by sally

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 118; [2013] WLR (D) 84

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

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Collective actions and access to justice – Legal Voice

Posted March 4th, 2013 in class actions, competition, damages, news by sally

“The Government recently confirmed its intention to introduce ‘collective actions’ in the UK for competition law. Not only should this enable large numbers of consumers and small businesses to obtain redress against anti-competitive behaviour, but an important by-product is that leftover damages could benefit access to justice more generally.”

Full story

Legal Voice, 1st March 2013

Source: www.legalvoice.org.uk

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Dubai-based VAT fraudster faces extra 10-year jail term – BBC News

Posted March 4th, 2013 in conspiracy, fraud, money laundering, news, repayment, sentencing, VAT by sally

“A convicted fraudster has been sentenced to an extra 10 years in jail after failing to repay £14m in taxes.”

Full story

BBC News, 2nd March 2013

Source: www.bbc.co.uk

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Secret courts plan faces Commons vote – The Guardian

“MPs will vote on Monday on the final form of the government’s justice and security bill, which radically expands the use of so-called secret courts.”

Full story

The Guardian, 3rd March 2013

Source: www.guardian.co.uk

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JR reaction: “a dark day” for accident victims, says APIL – Litigation Futures

Posted March 4th, 2013 in accidents, fees, judicial review, legal representation, news, road safety, victims by sally

“The High Court’s rejection of the challenge to the RTA portal fee cut represents ‘a dark day’ for accident victims, the Association of Personal Injury Lawyers (APIL) has claimed.”

Full story

Litigation Futures, 4th March 2013

Source: www.litigationfutures.com

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Open up family court hearings, says senior judge – Daily Telegraph

“A senior judge has made an important ruling in favour of transparency in the family courts.”

Full story

Daily Telegraph, 2nd March 2013

Source: www.telegraph.co.uk

Campaigners unite against secret courts – The Guardian

“An alliance of more than 100 human rights groups, legal experts and free press campaigners has called on MPs to vote against government plans for ‘secret courts’ – branding them “a charter for cover-ups” that will seriously undermine the principles of British justice.”

Full story

The Guardian, 3rd March 2013

Source: www.guardian.co.uk

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