BAILII: Recent Decisions

Posted November 11th, 2013 in law reports by michael

Court of Appeal (Civil Division)

Trust Special Administrator Appointed To South London Healthcare NHS Trust & Anor v London Borough of Lewisham & Anor (Rev 1) [2013] EWCA Civ 1409 (08 November 2013)

Graiseley Properties Ltd & Ors v Deutche Bank AG & Ors [2013] EWCA Civ 1372 (08 November 2013)

Court of Appeal (Criminal Division)

Shirley, R v (Rev 1) [2013] EWCA Crim 1990 (08 November 2013)

High Court (Administrative Court)

Krebs v NHS Commissioning Board [2013] EWHC 3474 (Admin) (11 November 2013)

Bhatnagar v The General Medical Council [2013] EWHC 3412 (Admin) (11 November 2013)

Brodziak v Circuit Court In Warsaw, Poland [2013] EWHC 3394 (Admin) (11 November 2013)

Merlot 73 Ltd, R (on the application of) v City of Westminster Magistrates Court & Anor [2013] EWHC 3416 (Admin) (08 November 2013)

Thangarasa, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWHC 3415 (Admin) (08 November 2013)

Evans v Wimbledon & Putney Commons Conservators & Ors [2013] EWHC 3411 (Admin) (08 November 2013)

Source: www.bailii.org

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Tackling child abuse: is mandatory reporting the answer? – Halsbury’s Law Exchange

Posted November 11th, 2013 in child abuse, hospitals, local government, news, police, social services, statutory duty by michael

“Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current legislation and whether it goes far enough. I concluded that there is a need for a more general duty to have due regard to the need to eliminate abuse of minors over and above the existing welfare duty in s11 of the Children Act 2004.”

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Halsbury’s Law Exchange, 8th November 2013

Source: www.halsburyslawexchange.co.uk

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The Victims’ Code – A Lack of Substance or a Victory for Victims? – Criminal Law & Justice Weekly

Posted November 11th, 2013 in codes of practice, news, victims by michael

“Last week, the Government published its Victims’ Code. Earlier in the year, I wrote in CL&J about the ‘rise and rise of the victim’s voice’ ((2012) 177 JPN 473). And so it comes to pass: a culmination (one hopes) of all the political rhetoric about ‘putting victims first’, and ‘being on the side of victims’.”

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Criminal Law & Justice Weekly, 9th November 2013

Source: www.criminallawandjustice.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2013 in legislation by michael

The Enterprise and Regulatory Reform (Designation of the UK Green Investment
Bank) Order 2013

The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013

The European Parliamentary Elections (Amendment) Regulations 2013

The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order
2013

The Environmental Noise, Site Waste Management Plans and Spreadable Fats etc.
(Revocations and Amendments) Regulations 2013

Source: www.legislation.gov.uk

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Man jailed for 20 weeks after trying to kill his neighbours’ cat – The Independent

Posted November 11th, 2013 in animal cruelty, news, sentencing by michael

“A man has been sentenced to 20 weeks in jail after he tried to kill his neighbours’ cat.”

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The Independent, 11th November 2013

Source: www.independent.co.uk

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Trial of doctor accused of kidnapping photojournalists in Syria collapses – The Guardian

Posted November 11th, 2013 in evidence, kidnapping, news, prosecutions, victims, witnesses by michael

“The trial of an NHS doctor accused of kidnapping a British photographer in Syria has collapsed after the prosecution was unable to hear evidence from two alleged victims.”

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The Guardian, 11th November 2013

Source: www.guardian.co.uk

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G4S staff at Brook House centre ‘falsified document’ – BBC News

“A High Court judge has asked prosecutors to consider forgery and contempt charges after claiming staff at an immigration removal centre falsified a document.”

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BBC News, 11th November 2013

Source: www.bbc.co.uk

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Violent rapists face tougher sentences – The Guardian

Posted November 11th, 2013 in news, rape, sentencing, violence by michael

“Tougher penalties for extremely violent rapes are to be introduced later this year, the new chairman of the Sentencing Council, Lord Justice Treacy, has revealed.”

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The Guardian, 11th November 2013

Source: www.guardian.co.uk

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Police find body in Thames in search for barrister – The Guardian

Posted November 11th, 2013 in barristers, missing persons, news by michael

“It is thought Gianni Sonvico, 23, may have fallen into the Thames near the Tower Hill area of London, at around 11pm on Friday 25 October. He has not been seen since.”

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The Guardian, 8th November 2013

Source: www.guardian.co.uk

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Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12);  [2013] WLR (D)  427

“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

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UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11);  [2013] WLR (D)  428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

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AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others- WLR Daily

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342;   [2013] WLR (D)  424

“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

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South Yorkshire Police criticised over child sex victim protection – BBC News

Posted November 11th, 2013 in child abuse, news, police, prosecutions, prostitution, sexual grooming, victims by michael

“There is ‘serious concern’ about the protection given by South Yorkshire Police to victims of child sexual exploitation, a watchdog has found.”

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BBC News, 11th November 2013

Source: www.bbc.co.uk

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Elizabeth House judicial review granted – OUT-LAW.com

Posted November 11th, 2013 in environmental protection, judicial review, local government, London, news, planning by michael

“A High Court judge yesterday granted permission to an application by Westminster City Council and English Heritage for a judicial review of the decision by the Secretary of State (SoS) not to call in proposals for a £800 million redevelopment of Elizabeth House near London’s Waterloo Station.”

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OUT-LAW.com, 8th November 2013

Source: www.OUT-LAW.com

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Supreme Court finds HMRC entitled to tax under dispute where taxpayer left it to HMRC to calculate the tax – OUT-LAW.com

Posted November 11th, 2013 in appeals, economic loss, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by michael

“A taxpayer must perform a calculation of the amount of tax due itself, rather than leave that calculation to HM Revenue and Customs (HMRC), in order to retain possession of funds under dispute, the Supreme Court has ruled.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

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New payment card data security standards finalised – OUT-LAW.com

“Retailers, banks and other companies involved in processing credit and debit card payments will be subject to a new set of data security requirements from January, the Payment Card Industry Security Standards Council (PCI SSC) has announced.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

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Christian coronations of future monarchs face legal challenge – The Guardian

Posted November 11th, 2013 in Christianity, Church of England, equality, human rights, news, royal family by michael

“Campaigners are to attempting to launch a legal challenge to the Christian coronation of future monarchs in an attack on the most powerful symbol of the union between church and state.”

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The Guardian, 10th November 2013

Source: www.guardian.co.uk

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Introduce stiffer fines for companies guilty of fraud, says new report by MPs – Daily Telegraph

Posted November 11th, 2013 in fines, fraud, news, select committees, sentencing by michael

“Plans set out by the Sentencing Council earlier this year could lead to ‘overly lenient’ punishment, parliamentary committee says.”

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Daily Telegraph, 8th November 2013

Source: www.telegraph.co.uk

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Barbara Fari sentenced to jail over £750,000 claim – BBC News

Posted November 11th, 2013 in compensation, contempt of court, news, personal injuries, sentencing by michael

“A woman who tried to claim a £750,000 payout for an exaggerated injury has been sentenced to three months in jail.”

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BBC News, 8th November 2013

Source: www.bbc.co.uk

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New Asbo plans are assault on basic freedom, says former DPP Lord Macdonald – Daily Telegraph

Posted November 11th, 2013 in ASBOs, bills, demonstrations, freedom of expression, news, police by michael

“Plans to replace Asbos with wide ranging new orders clamping down on anything likely to cause ‘annoyance’ amount to ‘gross state  interference’ with basic freedoms, Lord Macdonald warns.”

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Daily Telegraph, 8th November 2013

Source: www.telegraph.co.uk

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