BAILII: Recent Decisions

Posted November 4th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Rufus v Elliott [2013] EWHC 3355 (QB) (01 November 2013)

High Court (Chancery Division)

J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga Inc [2013] EWHC 3348 (Ch) (01 November 2013)

Straw & Anor v Jennings & Ors [2013] EWHC 3290 (Ch) (01 November 2013)

High Court (Administrative Court)

Sky Blue Sports & Leisure Ltd & Ors v Coventry City Council & Ors [2013] EWHC 3366 (Admin) (01 November 2013)

Fletcher v Leicestershire Constabulary [2013] EWHC 3357 (Admin) (01 November 2013)

Castletown Estates Ltd & Anor v Welsh Ministers [2013] EWHC 3293 (Admin) (01 November 2013)

High Court (Commercial Court)

Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2013] EWHC 3359 (Comm) (01 November 2013)

High Court (Technology and Construction Court)

Squibb Group Ltd v London Pleasure Gardens Ltd & Anor [2013] EWHC 3275 (TCC) (01 November 2013)

Source: www.bailii.org

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Recent Statutory Instruments – legislation.gov.uk

Posted November 4th, 2013 in legislation by sally

The Unauthorised Unit Trusts (Tax) Regulations 2013

The Police (Amendment) Regulations 2013

The Public Service Pensions Act 2013 (Commencement No. 2 and Transitional Provisions) Order 2013

The Hackney (Electoral Changes) Order 2013

The Arun (Electoral Changes) Order 2013

The Rushcliffe (Electoral Changes) Order 2013

The Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

The Criminal Legal Aid (Determinations by a Court and Choice of Representative) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

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Views sought on guideline hourly rates – Judiciary of England and Wales

Posted November 4th, 2013 in consultations, law firms, news, remuneration by sally

“The Costs Committee of the Civil Justice Council (CJC) has issued a call for evidence to assist it in making recommendations for Guideline Hourly Rates (GHR) for 2014.”

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Judiciary of England and Wales, 1st November 2013

Source: www.judiciary.gov.uk

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Attorney General urges barristers to think again over QASA boycott and returning legal aid briefs – Legal Futures

Posted November 4th, 2013 in advocacy, barristers, news, quality assurance by sally

“The Attorney General has urged barristers not to boycott the controversial Quality Assurance Scheme for Advocates (QASA), and warned that if they refuse instructions they have already accepted in protest at the new legal aid rates, the government may ‘look elsewhere’.”

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Legal Futures, 4th November 2013

Source: www.legalfutures.co.uk

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Major shake up to prisoner incentives – Ministry of Justice

Posted November 4th, 2013 in disciplinary procedures, news, prisons, rehabilitation by sally

“Significant reforms to the Incentive and Earned Privileges (IEP) policy across prisons in England and Wales have been brought into force today.”

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Ministry of Justice, 1st November 2013

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

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Legislation strengthens independent oversight of undercover police operations – Home Office

Posted November 4th, 2013 in investigatory powers, news, police, professional conduct by sally

“Policing Minister announces the government’s intention to increase the independent supervision of undercover operations.”

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Home Office, 31st October 2012

Source: www.gov.uk/home-office

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Education and training: learning curve – Law Society’s Gazette

Posted November 4th, 2013 in legal education, news, solicitors by sally

“The profession’s regulators face complex and overlapping challenges in creating a legal education system which shifts the focus from the ‘journey’ to the point of qualification.”

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Law Society’s Gazette, 4th November 2013

Source: www.lawgazette.co.uk

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Anything Goes? – Criminal Law and Justice Weekly

Posted November 4th, 2013 in enforcement notices, guilty pleas, judicial review, magistrates, news, planning by sally

“Has Rahmdezfouli stemmed the march against formalism, asks Dan Bunting.”

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Criminal Law and Justice Weekly, 2nd November 2013

Source: www.criminallawandjustice.co.uk

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Government launches probe into maternity discrimination at work after surge in complaints – The Independent

Posted November 4th, 2013 in news, pregnancy, sex discrimination, unfair dismissal by sally

“The Government has launched a £1m investigation into the discrimination faced by women in pregnancy and its impact on families and the economy.”

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The Independent, 4th November 2013

Source: www.independent.co.uk

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New disqualification rules to apply to lay employees – Bar Standards Board

Posted November 4th, 2013 in barristers, barristers' clerks, disqualification, news, professional conduct by sally

“The new Code of Conduct for barristers contains new rules that will allow the Bar Standards Board (BSB) to disqualify a lay employee working in chambers.”

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Bar Standards Board, 4th November 2013

Source: www.barstandardsboard.org.uk

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Report calls for female genital mutilation to be treated as child abuse – The Guardian

Posted November 4th, 2013 in child abuse, female genital mutilation, news, reports by sally

“Thousands of girls in danger of genital mutilation are being failed by the health and justice systems, a coalition of health professionals has warned in a report that recommends aggressive steps to eradicate the practice in the UK.”

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The Guardian, 4th November 2013

Source: www.guardian.co.uk

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Fordent Holdings Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted November 4th, 2013 in change of use, interpretation, law reports, planning by sally

Fordent Holdings Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2844 (Admin); [2013] WLR (D) 418

“A material change of use of Green Belt land was capable of falling within the scope of paragraph 81 of the National Planning Policy Framework (‘NPPF’), but would not by definition be appropriate development as a result. Rather, such a change of use would be a material consideration in determining whether there existed very special reasons for permitting otherwise inappropriate development falling outwith the terms of paragraphs 89 and 90 of the NPPF.”

WLR Daily, 26th October 2013

Source: www.iclr.co.uk

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British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted November 4th, 2013 in carriage of goods, contracts, jurisdiction, law reports by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2013] EWCA Civ 1319; [2013] WLR (D) 417

“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

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Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority – WLR Daily

Posted November 4th, 2013 in appeals, assisted reproduction, law reports, licensing by sally

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin); [2013] WLR (D) 416

“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

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Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily

Posted November 4th, 2013 in drug trafficking, EC law, extradition, law reports, warrants by sally

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415

“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”

WLR Daily, 31st October 2013

Source: www.iclr.co.uk

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Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily

Posted November 4th, 2013 in asylum, EC law, judicial review, law reports by sally

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same [2013] EWHC 3295 (Admin); [2013] WLR (D) 414

“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

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Supreme Court weighs in on patient’s best interests and the meaning of futility – UK Human Rights Blog

Posted November 4th, 2013 in appeals, hospitals, medical treatment, mental health, news by sally

“The Supreme Court has given judgment in the first case to come before it under the Mental Capacity Act 2005. The sole judgment was given by Lady Hale (Deputy President of the Court), with whom Lord Neuberger, Lord Clarke, Lord Carnwath and Lord Hughes.”

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UK Human Rights Blog, 3rd November 2013

Source: www.ukhumanrightsblog.com

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Visitor bond scheme to be scrapped by government – BBC News

Posted November 4th, 2013 in immigration, indemnities, news by sally

“Plans for a £3,000 ‘security bond’ for some ‘high risk’ overseas visitors to the UK are to be abandoned, the Home Office has confirmed.”

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BBC News, 3rd November 2013

Source: www.bbc.co.uk

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Ban court witnesses from giving evidence in veil, says Ken Clarke – The Guardian

Posted November 4th, 2013 in court dress, evidence, Islam, news, witnesses by sally

“The former justice secretary Ken Clarke has rekindled the debate about wearing veils in court by claiming that a proper trial is impossible if a defendant is ‘in a kind of bag’.”

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The Guardian, 3rd November 2013

Source: www.guardian.co.uk

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Special report: Haringey children’s services – ‘They said things would change after Baby Peter’ – The Independent

Posted November 4th, 2013 in child abuse, child cruelty, local government, news, social services by sally

“The council that repeatedly promised to protect its children following the deaths of Baby Peter and Victoria Climbié has launched yet another serious case review (SCR) into a child abuse case, The Independent on Sunday can reveal. The new investigation has started only a month after the publication of Haringey’s last SCR into Child T, a three-year-old who was beaten so badly with a belt, stick and cable that he was hospitalised yet was still returned to the family home, where the abuse continued. The latest investigation is the council’s sixth known SCR – investigations into serious incidents of child abuse – since the report into Baby Peter’s death was published in 2009.”

Full story

The Independent, 3rd November 2013

Source: www.independent.co.uk

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