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Posted May 2nd, 2013 in news by sally

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BAILII: Recent Decisions

Posted May 2nd, 2013 in law reports by sally

Supreme Court

ClientEarth, R (on the application of) v The Secretary of State for the Environment, Food and Rural Affairs [2013] UKSC 25 (1 May 2013)

WHA Ltd & Anor v Revenue and Customs [2013] UKSC 24 (1 May 2013)

Faulkner, R (on the application of) v Secretary of State for Justice & Anor [2013] UKSC 23 (1 May 2013)

Court of Appeal (Criminal Division)

Dicks, R. v [2013] EWCA Crim 429 (14 March 2013)

Court of Appeal (Civil Division)

PC & Anor v City of York Council [2013] EWCA Civ 478 (01 May 2013)

Tael One Partners Ltd v Morgan Stanley & Co International Plc [2013] EWCA Civ 473 (01 May 2013)

LB v London Borough of Merton & Anor [2013] EWCA Civ 476 (01 May 2013)

Slutsker v Haron Investments Ltd & Anor [2013] EWCA Civ 430 (01 May 2013)

High Court (Queen’s Bench Division)

Cruddas v Calvert & Ors [2013] EWHC 1096 (QB) (01 May 2013)

High Court (Chancery Division)

Compton Beauchamp Estates Ltd v Spence [2013] EWHC 1101 (Ch) (01 May 2013)

JD Wetherspoon Plc v Harris & Ors [2013] EWHC 1088 (Ch) (01 May 2013)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWHC 1087 (Ch) (01 May 2013)

High Court (Family Division)

S v S (Rev 1) [2013] EWHC 991 (Fam) (29 April 2013)

High Court (Commercial Court)

Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd & Ors [2013] EWHC 1063 (Comm) (01 May 2013)

High Court (Technology and Construction Court)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) (29 April 2013)

Source: www.bailii.org

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Legal battle over who owns the fish in the sea – BBC News

Posted May 2nd, 2013 in fisheries, ministers' powers and duties, news, quotas by sally

“The High Court is being asked to make a judgement over the question of who owns the fish in the sea.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

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Turning the tide on compensation culture – Ministry of Justice

Posted May 2nd, 2013 in compensation, fees, insurance, news, personal injuries by sally

“Major law changes are turning the tide on the growing compensation culture, Justice Secretary Chris Grayling said today [1 May].”

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Ministry of Justice, 1st May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents); R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant); R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

Posted May 2nd, 2013 in compensation, delay, law reports, parole, Supreme Court by sally

R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents); R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant); R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 23 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

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WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 2nd, 2013 in insurance, law reports, repairs, Supreme Court, VAT by sally

WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 24 | UKSC 2009/0074 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

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R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2013] UKSC 25 | UKSC 2012/0179 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

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Darran Brown jailed for baby boy GBH in Leatherhead

Posted May 2nd, 2013 in child cruelty, children, grievous bodily harm, news, sentencing by sally

“A 32-year-old man who seriously assaulted and neglected a four-month-old baby boy has been jailed for eight years.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

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Society urges super-regulator to delay advocacy scheme – Law Society’s Gazette

Posted May 2nd, 2013 in advocacy, law firms, Law Society, news, quality assurance, solicitors, tenders by sally

“The Law Society’s chief executive has urged super-regulator the Legal Services Board to delay implementation of the Quality Assurance Scheme for Advocates (QASA), in recognition of the ‘profound shifts and uncertainties’ afflicting criminal practitioners.”

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Law Society’s Gazette, 1st May 2013

Source: www.lawgazette.co.uk

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Supreme Court refers air pollution case to the EU Court – UK Human Rights Blog

“The Supreme Court has taken the UK’s lack of compliance with EU legislation, Directive 2008/50 (limiting the amount of nitrogen dioxide in air) much more seriously than the courts below. It has made a declaration that the UK is in breach and has referred questions of interpretation concerning the Directive and remedies to the CJEU.”

Full story

UK Human Rights Blog, 1st May 2013

Source: www.ukhumanrightsblog.com

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Judges to rule on HMRC’s tax deal with Goldman Sachs – BBC News

Posted May 2nd, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Judges are being asked to decide if HM Revenue and Customs (HMRC) acted illegally by letting investment bank Goldman Sachs off part of its tax bill.”

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BBC News, 2nd May 2013

Source: www.bbc.co.uk

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When is Article 8 available at the enforcement stage of the eviction process? – NearlyLegal

Posted May 2nd, 2013 in appeals, armed forces, enforcement, human rights, news, repossession by sally

“In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal ‘broke new ground’ by considering how Article 8 applied to the stage at which possession orders are enforced.”

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NearlyLegal, 1st May 2013

Source: www.nearlylegal.co.uk

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Fraudster Arron Thomas spent £4,250 on wife’s breast op – BBC News

Posted May 2nd, 2013 in fraud, news, sentencing, suspended sentences by sally

“A clerk who stole money from a firm to fund a lavish wedding and breast surgery for his wife has been jailed.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

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LAA must give reasons about funding expert assessments in care proceedings – UK Human Rights Blog

Posted May 2nd, 2013 in children, costs, expert witnesses, judicial review, legal aid, news, reasons by sally

“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

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King Richard III burial row heads to High Court – BBC News

Posted May 2nd, 2013 in burials and cremation, judicial review, news, royal family by sally

“Distant relatives of Richard III have started legal proceedings to challenge the plan to bury the king’s remains in Leicester.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

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Growth and Infrastructure Act contains some welcome changes to village green regime, says expert – OUT-LAW.com

“A new law will make it harder for residents to use town and village green (TVG) laws to oppose the development of land, an expert has said.”

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OUT-LAW.com, 1st May 2013

Source: www.out-law.com

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Court of Protection openness call by justice secretary – BBC News

Posted May 2nd, 2013 in Court of Protection, family courts, news, private hearings by sally

“The justice secretary has asked a senior judge to consider whether the court dealing with the affairs of mentally incapable people in England and Wales can become more open.”

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BBC News, 2nd May 2013

Source: www.bbc.co.uk

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SAS sniper Danny Nightingale faces retrial over illegally possessing pistol – The Guardian

Posted May 2nd, 2013 in abuse of process, armed forces, firearms, news, retrials by sally

“The family of an SAS sniper say they are ‘bitterly disappointed’ after a judge ruled he would face a retrial over illegally possessing a pistol and ammunition – despite a last-minute claim that prosecutors acted improperly by consulting on the case.”

Full story

The Guardian, 1st May 2013

Source: www.guardian.co.uk

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Keogh review of the regulation of cosmetic interventions published – Hardwicke Chambers

Posted May 2nd, 2013 in cosmetic surgery, medical treatment, news, regulations, reports by sally

“The cosmetic interventions sector is widely unregulated and rapidly growing. Claims arising out of procedures going wrong – from non-surgical ‘high street’ treatments to invasive surgical procedures – are on the increase. Today [24 April] sees the long awaited publication of the Department of Health review, led by Professor Sir Bruce Keogh, of the regulation of cosmetic interventions.”

Full story

Hardwicke Chambers, 24th April 2013

Source: www.hardwicke.co.uk

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Exclusive: Three in four believe those accused of sexual assaults should be granted anonymity – The Independent

Posted May 2nd, 2013 in anonymity, news, reports, sexual offences by sally

“The Independent poll finds strong public support for the controversial view that suspects in sex cases should enjoy the same right to anonymity as defendants.”

Full story

The Independent, 2nd May 2013

Source: www.independent.co.uk

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