BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

High Court (Administrative Court)

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin) (31 October 2013)

Gough v Director Of Public Prosecutions [2013] EWHC 3267 (Admin) (31 October 2013)

Bank v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3296 (Admin) (31 October
2013)

Habte v Secretary of State for the Home Department & Ors [2013] EWHC 3295 (Admin) (30 October 2013)

Lumsdon & Ors v Legal Services Board [2013] EWHC 3289 (Admin) (30 October 2013)

Adegbulugbe v Nursing and Midwifery Council [2013] EWHC 3301 (Admin) (30 October 2013)

High Court (Commercial Court)

British- American Insurance (Kenya) Ltd v Matelec Sal & Anor [2013] EWHC 3278 (Comm) (29 October 2013)

High Court (Family Division)

Davies, Re [2013] EWHC 3294 (Fam) (25 October 2013)

A Local Authority v X & Anor (Children) [2013] EWHC 3274 (Fam) (22 October 2013)

Lancashire County Council v R [2013] EWHC 3064 (Fam) (11 October 2013)

Walsall MBC v KK & Anor [2013] EWHC 3192 (Fam) (07 October 2013)

G (A Child: Intractable Contact) [2013] EWHC B16 (Fam) (25 September 2013)

F v F [2013] EWHC 2683 (Fam) (05 September 2013)

High Court (Queen’s Bench Division)

Gamatronic (UK) Ltd & Anor v Hamilton & Ors [2013] EWHC 3287 (QB) (30 October 2013)

Source: www.bailii.org

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Man who used car as revenge weapon jailed for 20 years – The Guardian

Posted October 31st, 2013 in attempts, dangerous driving, disqualification, murder, news, sentencing by michael

“A disqualified driver who left a father of three unable to walk or talk after using his car as a weapon in a revenge attack has been jailed for 20 years.”

Full story

The Guardian, 31st October 2013

Sporce: www.guardian.co.uk

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Michael Souter: Ex-BBC DJ jailed for sex attacks on boys – BBC News

“A former BBC radio presenter has been jailed for 22 years for sex attacks on boys.”

Full story

BBC News, 31st October 2013

Source: www.bbc.co.uk

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Vicky Pryce: ‘Prison clearly does not work’ – The Guardian

Posted October 31st, 2013 in costs, families, news, prisons, women by michael

“Fresh from jail, the economist and author of Prisonomics explains why the system costs too much, locks up the wrong people and does not prevent reoffending.”

Full story

The Guardian, 29th October 2013

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

Court of Appeal (Civil Division)

Talktalk Telecom Group Plc v Office of Communications & Anor [2013] EWCA Civ 1318 (30 October 2013)

British American Tobacco Switzerland S.A. & Ors v Exel Europe Ltd [2013] EWCA Civ 1319 (30 October 2013)

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 (30 October 2013)

Ham v Ham & Anor [2013] EWCA Civ 1301 (30 October 2013)

HM Revenue and Customs v The Rank Group Plc [2013] EWCA Civ 1289 (30 October 2013)

Thinc Group Ltd v Kingdom [2013] EWCA Civ 1306 (29 October 2013)

Source: www.bailii.org

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Recent Statutory Instruments – legislation.gov.uk

Posted October 31st, 2013 in legislation by michael

The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act
1979) Order 2013

The Finance Act 2013, Schedule 2, Paragraph 31 (Enterprise Management
Incentives) (Appointed Day) Order 2013

The Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties)
Regulations 2013

The Fruit Juices and Fruit Nectars (England) Regulations 2013

The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order
2013

The Occupational and Personal Pension Schemes (Disclosure of Information)
Regulations 2013

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013

The Loan Relationships and Derivative Contracts (Disregard and Bringing into
Account of Profits and Losses) (Amendment) Regulations 2013

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric
Data) (Transitional, Transitory and Saving Provisions) (Amendment) (No. 2) Order
2013

The Crime (International Co-operation) Act 2003 (Exercise of Functions) Order
2013

Source: www.legislation.gov.uk

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NCVO report attacks ‘crude’ implementation of payment by results contracts – Local Government Lawyer

Posted October 31st, 2013 in charities, contracting out, contracts, news, public procurement, reports by michael

“There is general support among charities for ‘payment by results’ but its implementation has often been ‘crude’ and ‘seriously flawed’, a report for the National Council for Voluntary Organisations has argued.”

Full story

Local Government Lawyer, 30th October 2013

Source: www.localgovernmentlawyer.co.uk

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QASA claimants lose bid to cut costs exposure – Legal Futures

Posted October 31st, 2013 in barristers, costs, news, protective costs orders, quality assurance by michael

“Mr Justice Bean refused to amend the protective costs order (PCO) granted earlier this month by Mr Justice Ouseley, which at £150,000 was 10 times greater than that the four claimants – who are supported by the Criminal Bar Association (CBA) – had sought.”

Full story

Legal Futures, 31st October 2013

Source: www.legalfutures.co.uk

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Plan to publish historical police records announced – Home Office

Posted October 31st, 2013 in archives, disclosure, documents, news, police, publishing by michael

“Proposals for making historical police records public were announced today by the Home Office following a recommendation by the Hillsborough Independent Panel.”

Full story

Home Office, 31st October 2013

Source: www.gov.uk/home-office

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Public register to boost company transparency – Department for Business, Innovation and Skills & Prime Minister’s Office

Posted October 31st, 2013 in company law, disclosure, news, shareholders by michael

“Details of who really owns and controls UK companies will be made publicly accessible, the Prime Minister announced at the Open Government Partnership summit.”

Press release

BIS and Prime Minister’s Office, 31st October 2013

Source: www.gov.uk/government/organisations/department-for-business-innovation-skills

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Government publishes list of planning regulations to be simplified – OUT-LAW.com

Posted October 31st, 2013 in news, planning, regulations by michael

“The Department for Communities and Local Government (DCLG) has published a list of planning regulations which will be improved or scrapped as part of its red tape challenge.”

Full story

OUT-LAW.com, 30th October 2013

Source: www.out-law.com

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R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

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Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, hospitals, law reports, medical treatment, mental health, Supreme Court by michael

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) [2013] UKSC 67 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

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

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302 ;   [2013] WLR (D)  412

“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”

WLR Daily, 29th October 2013

Source: www.iclr.co.uk

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Mary Roberts murder trial: Andrew Ratcliffe jailed for life – BBC News

Posted October 31st, 2013 in assault, murder, news, sentencing, sexual offences by michael

“A ‘sexually obsessed’ man has been jailed for life with a minimum term of 23 years for murdering a woman at a Bury St Edmunds pub.”

Full story

BBC News, 30th October 2013

Source: www.bbc.co.uk

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Hundreds of Italian couples accused of fraudulently getting ‘quickie divorces’ in UK – Daily Telegraph

Posted October 31st, 2013 in divorce, fraud, news by michael

“Britain’s top family judge has been asked to cancel 180 divorces after being told the UK courts have been exploited in a massive ‘fraud’ by Italians seeking a quick end to their marriages.”

Full story

Daily Telegraph, 30th October 2013

Source: www.telegraph.co.uk

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Tyseley ‘honour killing’ father jailed for blaze murder – BBC News

Posted October 31st, 2013 in arson, attempts, families, murder, news, sentencing by michael

“A man who killed his wife and injured three daughters by setting his house on fire in a so-called honour killing plot has been jailed for life.”

Full story

BBC News, 30th October 2013

Source: www.bbc.co.uk

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Press regulation royal charter given go-ahead by the Queen – The Guardian

Posted October 31st, 2013 in appeals, charters, media, news, Privy Council by michael

“A landmark reform of press regulation, enshrined in a royal charter, was finally sealed by the privy council on Wednesday [30th October] in a brief private ceremony, hours after the high court had quickly dismissed a last-minute legal attempt to block it by most
newspaper groups.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk

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Police ethics ‘fall well short’, warns report – Daily Telegraph

Posted October 31st, 2013 in news, police, professional conduct, reports by michael

“Police have ‘fallen well short’ on standards of behaviour and ethics, warns report commissioned by Police Federation in wake of Plebgate affair.”

Full story

Daily Telegraph, 30th October 2013

Source: www.telegraph.co.uk

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Televising of court of appeal proceedings starts this week – The Guardian

Posted October 31st, 2013 in appeals, courts, media, news, trials by michael

“Proceedings in the court of appeal are due to be televised from Thursday [31st October], casting aside decades of judicial suspicion about the impact of cameras in the courtroom.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk

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