BAILII: Recent Decisions

Posted April 2nd, 2013 in law reports by sally

High Court (Administrative Court)

Ighalo v The Solicitors Regulation Authority [2013] EWHC 661 (Admin) (26 March 2013)

Nagre, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) (28 March 2013)

Copson, R (on the application of) v Dorset Healthcare University NHS Foundation Trust [2013] EWHC 732 (Admin) (28 March 2013)

High Court (Queen’s Bench Division)

St Edmundsbury Borough Council & Anor v Reynolds & Ors [2013] EWHC 737 (QB) (28 March 2013)

High Court (Family Division)

LA v DG & Ors [2013] EWHC 734 (Fam) (01 February 2013)

High Court (Commercial Court)

Deutsche Bank AG & Ors v Unitech Global Ltd & Ors [2013] EWHC 471 (Comm) (28 February 2013)

Source: www.bailii.org

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Recent Statutory Instruments – legislation.gov.uk

Posted April 2nd, 2013 in legislation by sally

The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (England) Regulations 2013

The Careers Guidance in Schools Regulations 2013

The Guardian’s Allowance Up-rating Regulations 2013

The Social Security (Contributions) (Amendment) Regulations 2013

The National Health Service (Primary Dental Services) (Miscellaneous Amendments to Charges) Regulations 2013

The Localism Act 2011 (Commencement No. 2 and Transitional Provisions) Order 2013

The Personal Injuries (Civilians) Scheme (Amendment) Order 2013

The Guardian’s Allowance Up-rating Order 2013

The Bank of England (Call Notice) (Benchmark Rate of Interest) Order 2013

The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013

The Tax Credits Up-rating, etc. Regulations 2013

The Finance Act 2012, Schedule 22 (Reduction of Supplementary Charge for Certain Oil Fields) (Appointed Day) Order 2013

The Civil Proceedings Fees (Amendment) Order 2013

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No. 2) Regulations 2013

The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2013

The Scotland Act 2012 (Consequential Provisions) Order 2013

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

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No QOCS here: A Guide to the CPR Amendments you may have missed – Zenith Chambers

“In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. This is not an article about funding, legal aid, CFAs, DBAs, or even QOCS. Instead it is intended to provide an overview and guidance on the amendments being made to the CPR.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

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Police officer to sue garage owner after tripping on kerb – The Guardian

Posted April 2nd, 2013 in compensation, news, personal injuries, police by sally

“Police Federation says PC Kelly Jones will press ahead with lawsuit after injuring leg and wrist at petrol station.”

Full story

The Guardian, 2nd April 2013

Source: www.guardian.co.uk

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One into Two will go – but only if it’s done reasonably and proportionately – Zenith Chambers

Posted April 2nd, 2013 in appeals, housing, local government, news, Supreme Court by sally

“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

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Bedroom Tax, Spare Room Subsidy, or Big Headache – any solutions? – Zenith Chambers

Posted April 2nd, 2013 in benefits, housing, news, social security by sally

“The Regulations applying the Government’s ‘social sector under-occupancy penalty’ (a politically neutral description at least) are in force from 01/04/13. Broadly, social housing tenants of working age will see a deduction of 14% or 25% of the eligible rent component from their housing benefit, if the HB authority finds they have one or two spare bedrooms respectively.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

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Fancy having a Judge in your living room? – Hardwicke Chambers

Posted April 2nd, 2013 in jurisdiction, local government, news, private hearings, social services by sally

“Thanks to the English High Court, state policing of personal relationships in Britain is on the rise.”

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Hardwicke Chambers, 22nd March 2013

Source: www.hardwicke.co.uk

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Guaranteed support for victims of crime – Ministry of Justice

Posted April 2nd, 2013 in codes of practice, consultations, news, victims by sally

“Victims of crime will now be able to hold the criminal justice system to account for the support it provides and be backed by a clear set of entitlements thanks to a statutory new Victims Code, Victims’ Minister Helen Grant announced today.”

Full story

Ministry of Justice, 29th March 2013

Source: www.justice.gov.uk

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Chancery traditional Probate: case update 2013 – 11 Stone Buildings

Posted April 2nd, 2013 in news, probate, wills by sally

“Sidney Ross reports on two recent probate cases and highlights how they interpret existing case law. In Joshi and others v Mahida [2013] EWHC 486 (Ch) the judge followed Re Segelman in answering three questions to determine the testator’s intentions. Sidney also discusses whether ‘the rule of double portions’ applies in Kloosman v Aylen and others [2013] EWHC 435 (Ch).”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

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Investment Trust Companies (in liquidation) v Revenue and Customs Comrs – WLR Daily

Posted April 2nd, 2013 in law reports, restitution, taxation, VAT by sally

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs [2013] EWHC 665 (Ch); [2013] WLR (D) 125

“The scope of the cause of action in the law of restitution to recover tax which has been unlawfully exacted should be confined to those who themselves paid the sums to a public authority in response to an apparent statutory requirement to do so.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

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Absolutely Transparent – Pink Tape

Posted April 2nd, 2013 in adoption, costs, family courts, media, news, reporting restrictions by sally

“Transparency in family justice is an issue that cannot be swept under the carpet.”

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Pink Tape, 29th March 2013

Source: www.pinktape.co.uk

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Graham Ovenden convicted of child sex offences – The Guardian

Posted April 2nd, 2013 in artistic works, child abuse, news, sexual offences by sally

“Artist found guilty at Truro crown court of four charges of indecency with a child but cleared of three counts of indecent assault.”

Full story

The Guardian, 2nd April 2013

Source: www.guardian.co.uk

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Extended definition of domestic violence takes effect – Home Office

Posted April 2nd, 2013 in domestic violence, news, young persons by sally

“From today [31 March] a wider definition of domestic violence, including 16 and 17 year olds and controlling behaviour takes effect.”

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Home Office, 31st March 2013

Source: www.gov.uk/home-office

New Justice Data Lab to help cut reoffending – Ministry of Justice

Posted April 2nd, 2013 in news, recidivists, rehabilitation, statistics by sally

“A pioneering new service giving charities and voluntary organisations more information about what works to reduce reoffending has been launched today.”

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Ministry of Justice, 2nd April 2013

Source: www.justice.gov.uk

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Public access rules approved by LSB – Bar Standards Board

Posted April 2nd, 2013 in barristers, civil justice, Legal Services Board, news by sally

“The Legal Services Board (LSB) has today approved the removal of two rules around public access work that will promote greater access to justice. At the same time the BSB is strengthening the training that all public access barristers are required to undertake.”

Full story

Bar Standards Board, 28th March 2013

Source: www.barstandardsboard.org.uk

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Introducing the new Handbook – Legal Aid Handbook

Posted April 2nd, 2013 in legal aid, legal services, news by sally

“1st April 2013. LASPO day. The day the new legal aid scheme began. Except, for most, it wasn’t. It was Easter Monday. Today is the real LASPO day, the day the cuts bite in earnest, the day that over 600,000 people will no longer get legal aid, the day some organisations won’t open their doors to greet their clients – and never will again.”

Full story

Legal Aid Handbook, 2nd April 2013

Source: www.legalaidhandbook.com

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Jackson: lawyers welcome implementation of long-awaited reforms – The Lawyer

Posted April 2nd, 2013 in budgets, costs, disclosure, legal profession, news by sally

“Disputes lawyers across the market have broadly welcomed the Jackson Reforms, which come into force today, saying they will ease the burden created by disclosure.”

Full story

The Lawyer, 1st April 2013

Source: www.thelawyer.com

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You wait ages for an official report about the ICO’s data protection audit powers – Panopticon

Posted April 2nd, 2013 in consultations, data protection, health, hospitals, news, reports by sally

“On 21st March 2013 the House of Commons Justice Committee published a report about the ICO, recommending, among other matters, that the ICO should be given the power to carry out compulsory data protection audits of NHS Trusts and local authorities. With uncanny speed, on 25th March 2013 the Ministry of Justice (MOJ) published a consultation document on the proposed extension of the ICO’s compulsory audit powers to cover NHS bodies. Despite the coincidence of timing, the MOJ’s proposal is not in fact a response to the Justice Committee’s report, but is prompted by a recommendation from the ICO itself.”

Full story

Panopticon, 28th March 2013

Source: www.panopticonblog.com

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Albion v Dwr Cymru: Incompetence and counterfactuals – Competition Bulletin from Blackstone Chambers

Posted April 2nd, 2013 in appeals, competition, damages, news, tribunals, water companies by sally

“The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”

Full story

Competition Bulletin from Blackstone Chambers, 28th March 2013

Source: www.competitionbulletin.com

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Packaged accounts comes under new rules – BBC News

Posted April 2nd, 2013 in banking, consumer protection, financial regulation, news, sale of goods by sally

“New rules to govern the abuse of sales of ‘packaged accounts’ from banks have come into force.”

Full story

BBC News, 31st March 2013

Source: www.bbc.co.uk

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