BAILII: Recent Decisions

Posted May 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

R. v Kallakis & Anor [2013] EWCA Crim 709 (16 May 2013)

Court of Appeal (Civil Division)

Environment Agency v Manchester Ship Canal Company Ltd & Anor, R. (On the application of) [2013] EWCA Civ 542 (16 May 2013)

D & G Cars Ltd v Essex Police Authority [2013] EWCA Civ 514 (16 May 2013)

Fish & Fish Ltd v Sea Shepherd UK & Ors [2013] EWCA Civ 544 (16 May 2013)

Serious Organised Crime Agency (SOCA) v O’Docherty & Anor [2013] EWCA Civ 518 (16 May 2013)

High Court (Queen’s Bench Division)

Thames Chambers Solicitors v Miah (Rev 1) [2013] EWHC 1245 (QB) (16 May 2013)

Cussens v Realreed Ltd [2013] EWHC 1229 (QB) (15 May 2013)

High Court (Chancery Division)

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2013] EWHC 1279 (Ch) (16 May 2013)

High Court (Administrative Court)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

High Court (Commercial Court)

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd & Anor [2013] EWHC 1240 (Comm) (16 May 2013)

Source: www.bailii.org

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Recent Statutory Instrument – legislation.gov.uk

Posted May 16th, 2013 in legislation by sally

The Energy Supply Company Administration (Scotland) Rules 2013

The Income Tax (Monitoring Schemes Relating to Vulnerable Persons) Order 2013

Source: www.legislation.gov.uk

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Coeliac sufferer made ‘violently sick’ at Jamie Oliver restaurant – Daily Telegraph

Posted May 16th, 2013 in allergies, fines, food, news by sally

“Celebrity chef Jamie Oliver’s Italian restaurant chain was fined £8,000 after a woman who told staff three times she was allergic to gluten was served wheat pasta.”

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Daily Telegraph, 16th May 2013

Source: www.telegraph.co.uk

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Man jailed for abuse of ‘enslaved’ woman in London – BBC News

Posted May 16th, 2013 in news, rape, sentencing, trafficking in human beings by sally

“A man has been jailed for 11 years for raping an Indian woman who was treated like a ‘slave’ at his home.”

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BBC News, 16th May 2013

Source: www.bbc.co.uk

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ICO updates guidance on dealing with vexatious FOI requests following Tribunal criticism – OUT-LAW.com

Posted May 16th, 2013 in freedom of information, news, proportionality by sally

“Public bodies should consider whether freedom of information (FOI) requests are ‘likely to cause a disproportionate or unjustified level of disruption, irritation or distress’ when determining whether those requests are vexatious or not, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 16th May 2013

Source: www.out-law.com

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IT expert jailed for attacks on Oxford and Cambridge websites – The Guardian

Posted May 16th, 2013 in computer crime, news, sentencing by sally

“A man who used his IT expertise to launch cyber-attacks on the websites of Oxford and Cambridge universities has been jailed for two years.”

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The Guardian, 16th May 2013

Source: www.guardian.co.uk

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Lulzsec hacker group handed jail sentences – BBC News

Posted May 16th, 2013 in computer crime, extradition, news, sentencing by sally

“British hackers who were behind a series of high profile cyber-attacks in 2011 have been sentenced.”

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BBC News, 16th May 2013

Source: www.bbc.co.uk

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EVENT: IALS – The European Public Prosecutor: Coming Soon To A Country Near You?

Posted May 16th, 2013 in Forthcoming events by sally

“The European Union Act 2011 requires a referendum in the UK before we can appoint an EPP here; but other member states may do so without our participation. Why would they want to, and how would we work with such an official if he were to be appointed?”

Date: 20 May 2013, 2.00-6:00pm

Location: Institute of Advanced Legal Studies

Charge: Free event

More information is available here.

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Regina (F) v Director of Public Prosecutions – WLR Daily

Posted May 16th, 2013 in consent, Crown Prosecution Service, law reports, prosecutions, rape by sally

Regina (F) v Director of Public Prosecutions [2013] EWHC 945 (Admin); [2013] WLR (D) 178

“For the purposes of an offence of rape contrary to the Sexual Offences Act 2003, choice was crucial to the issue of ‘consent’ to sexual intercourse. Evidence relating to ‘choice’ and the ‘freedom’ to make any particular choice had to be approached in a broad common sense way. Where a man deliberately ignored the basis of his partner’s consent to penetration as a manifestation of his control over her consent to penetration could be vitiated and give rise to a conviction for rape.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk

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Regina (A) v Lowestoft Magistrates’ Court – WLR Daily

Posted May 16th, 2013 in children, law reports, local government, reporting restrictions by sally

Regina (A) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin); [2013] WLR (D) 177

“The child specifically referred to in any charge under section 2(1) of the Licensing Act 1902 was a subject of criminal proceedings which were taken ‘in respect of’, and thus “concerned”, that child for the purposes of the court’s power to impose reporting restrictions under section 39 of the Children and Young Persons Act 1933.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

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PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

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Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

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Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others – WLR Daily

Posted May 16th, 2013 in appeals, gambling, horse racing, law reports by sally

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others [2013] EWCA Civ 487; [2013] WLR (D) 174

“A customer which as part of its business did betting on a betting exchange did not receive or negotiate bets so was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963 and was not liable to pay the horserace betting levy.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

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Loveridge v Lambeth London Borough Council – WLR Daily

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

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Bar Council and Bar Standards Board 2nd biennial survey of the profession – The Bar Council

Posted May 16th, 2013 in barristers, news, reports by sally

At a time of unprecedented change in the way in which legal services are delivered, it has never been more important to gather the views of the profession about their experience of life at the Bar. The Bar Council and the Bar Standards Board (BSB) are carrying out the second biennial survey of the Bar, the results of which will inform strategic planning and provide information on the working lives of barristers.

Full story

The Bar Council, 15th May 2013

Source: www.barcouncil.org.uk

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Legal profession joins forces to oppose unreasonable legal aid proposals – The Bar Council

Posted May 16th, 2013 in criminal justice, legal aid, legal profession, news, tenders by sally

“Representatives of the Law Society and the Bar Council have joined forces with wider practitioner bodies to oppose the Ministry of Justice Consultation on proposed savage cuts to the funding of the Criminal Legal Aid Budget, the introduction of Price Competitive Tendering and other changes to the criminal justice system.”

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The Bar Council, 14th May 2013

Source: www.barcouncil.org.uk

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Government response to the report on the operation in 2012 of the Terrorism Prevention and Investigation Measures Act 2011 – Home Office

“The Secretary of State for the Home Department (Theresa May): In accordance with section 20(2), 20(3), 20(4) and 20(5) of the Terrorism Prevention and Investigation Measures Act 2011, the Independent Reviewer of Terrorism Legislation (David Anderson QC) prepared a report on the operation of the Act in 2012, which I laid before the House on 14 March 2013.”

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Home Office, 16th May 2013

Source: www.gov.uk/home-office

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Stopping poor quality and time-wasting expert evidence in family courts – Ministry of Justice

Posted May 16th, 2013 in consultations, delay, expert witnesses, family courts, fees, news, standards by sally

“New national standards to raise the quality of experts used in family courts and get rid of time-consuming evidence which adds little value in helping judges reach a decision were announced by the Government today.”

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Ministry of Justice, 16th May 2013

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

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The President of the Methodist Conference (Appellant) v Preston (Respondent) – Supreme Court

Posted May 16th, 2013 in Christianity, employment, law reports, Supreme Court, unfair dismissal by sally

The President of the Methodist Conference (Appellant) v Preston (Respondent) [2013] UKSC 29 | UKSC 2012/0015 (YouTube)

Supreme Court, 15th May 2013

Source: www.youtube.com/user/UKSupremeCourt

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Standards for expert witnesses in the family courts in England and Wales – Ministry of Justice

“This is a consultation on minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales.”

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Ministry of Justice, 16th May 2013

Source: www.justice.gov.uk

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