Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd – WLR Daily

Posted January 30th, 2014 in agency, compensation, indemnities, law reports, regulations by sally

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB); [2014] WLR (D) 32

‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina v Powell (Carl) – WLR Daily

Posted January 30th, 2014 in appeals, crime, evidence, indictments, joinder, law reports by sally

Regina v Powell (Carl) [2014] WLR (D) 34

‘The statutory regimes concerning joinder of counts in an indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Castle v Crown Prosecution Service – WLR Daily

Posted January 30th, 2014 in law reports, road traffic offences, ultra vires by sally

Castle v Crown Prosecution Service [2014] WLR (D) 33

‘A traffic order permitting the imposition of variable speed limits, which had been signed by an employee of the Highways Agency acting as the alter ego of the Secretary of State, was not ultra vires section 14 of the Road Traffic Regulation Act 1984.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

IM v LM and others – WLR Daily

Posted January 30th, 2014 in appeals, consent, law reports, mental health by sally

IM v LM and others [2014] EWCA Civ 37; [2014] WLR (D) 31

‘The test for determining whether a person enjoyed capacity to marry or to experience sexual relations included an evaluation of the person’s ability to use and to weigh relevant information.’

WLR Daily, 23rd January 2014

Source: www.iclr.co.uk

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) – WLR Daily

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) [2014] EWCA Civ 34; [2014] WLR (D) 35

‘Where the decision of a public body was shown to be unlawful, the court should be reluctant to refuse relief on the ground that, acting lawfully, the decision-maker would have reached the same decision, particularly if the power had been exercised not for its statutory purpose but for an ulterior motive. In such a case the court should grant appropriate relief.’

WLR Daily, 27th January 2014

Source: www.iclr.co.uk

EVENT: UKCLA – Margit Cohn on non-statutory powers

Posted January 30th, 2014 in Forthcoming events by sally

‘Non-Statutory Executive Powers in Five Regimes: Assessing Global Constitutionalism in Structural-Institutional Contexts.’

Date: 30th January 2014, 6.00-7.30pm

Location: Room 1.2, School of Law, Queen Mary, University of London (Lincoln’s Inn Fields Campus), 67-69 Lincoln’s Inn Fields London WC2A 3JB

Charge: Free

More information can be found here.

BAILII: Recent Decisions

Posted January 30th, 2014 in law reports by sally

Supreme Court

Brownlee for Judicial Review (Northern Ireland) [2014] UKSC 4 (29 January 2014)

IA v The Secretary of State for the Home Department (Scotland) [2014] UKSC 6 (29 January 2014)

Mackle, R. v (Northern Ireland) [2014] UKSC 5 (29 January 2014)

Court of Appeal (Civil Division)

AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 (28 January 2014)

Personnel Hygiene Services Ltd & Anor v Rentokil Initial UK Ltd (t/a Initial Medical Services) & Anor [2014] EWCA Civ 29 (29 January 2014)

L, R (on the application of) v West London Mental Health NHS Trust & Ors [2014] EWCA Civ 47 (29 January 2014)

Skrzynski & Anor v The Commissioner of Police for the Metropolis [2014] EWCA Civ 9 (29 January 2014)

High Court (Queen’s Bench Division)

Thorne & Ors v House of Commons Commission [2014] EWHC 93 (QB) (29 January 2014)

High Court (Chancery Division)

Joint Stock Company “Aeroflot- Russian Airlines” & Anor v Berezovskaya & Anor [2014] EWHC 70 (Ch) (23 January 2014)

Credit Lucky Ltd & Anor v National Crime Agency [2014] EWHC 83 (Ch) (29 January 2014)

High Court (Family Division)

Great Western Hospitals NHS Foundation Trust v AA & Ors (Rev 1) [2014] EWHC 132 (Fam) (28 January 2014)

High Court (Administrative Court)

Isaghehi v Nursing and Midwifery Council [2014] EWHC 127 (Admin) (29 January 2014)

Source: www.bailii.org

Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) – Supreme Court

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) [2014] UKSC 4 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

R v Mackle (Appellant) Northern Ireland; R v Mackle No.2 (Appellant) (Northern Ireland); R v Mackle No.3 (Appellant) (Northern Ireland); R v McLaughlin (Appellant) (Northern Ireland) – Supreme Court

Posted January 30th, 2014 in appeals, confiscation, consent, law reports, Supreme Court by sally

R v Mackle (Appellant) Northern Ireland; R v Mackle No.2 (Appellant) (Northern Ireland); R v Mackle No.3 (Appellant) (Northern Ireland); R v McLaughlin (Appellant) (Northern Ireland) [2014] UKSC 5 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Devon doctor sees sentence increased – Attorney General’s Office

Posted January 30th, 2014 in appeals, doctors, news, sentencing, sexual offences, voyeurism by sally

‘The Court of Appeal has increased the sentence for Suhail Ahmed from 18 months’ imprisonment to 30 for voyeurism and sexual assault.’

Full story

Attorney General’s Office, 29th January 2014

Source: www.gov.uk/ago

Unfinished business – New Law Journal

‘Dominic Regan predicts the likely civil procedure developments for 2014.’

Full story

New Law Journal, 29th January 2014

Source: www.newlawjournal.co.uk

Afghan refugee wins ‘Taliban’ libel case – BBC News

Posted January 30th, 2014 in damages, defamation, media, news, refugees by sally

‘An Afghan refugee granted asylum in the UK has accepted substantial libel damages over a newspaper accused him of being a member of the Taliban.’

Full story

BBC News, 29th January 2014

Source: www.bbc.co.uk

Barristers tell Parliament that some GCHQ mass surveillance is illegal – UK Human Rights Blog

‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’

Full story

UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Offenders with learning disabilities ‘not supported’ – BBC News

Posted January 30th, 2014 in Crown Prosecution Service, learning difficulties, news, police, probation, reports by sally

‘Offenders with learning disabilities are not getting the support they need from police, probation and prosecution services, an inspection has found.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Police for hire: Judge hits out at Met’s agreement to aid Virgin Media in a private prosecution – The Independent

Posted January 30th, 2014 in compensation, fraud, news, police, private prosecutions by sally

‘The UK’s most senior judge has criticised a deal that saw the Metropolitan Police agree to help Virgin Media in a private prosecution of a gang of fraudsters in exchange for a share of the compensation, it was reported.’

Full story

The Independent, 30th January 2014

Source: www.independent.co.uk

Wrongly-detained Ghanaian to receive High Court damages – BBC News

Posted January 30th, 2014 in appeals, damages, detention, immigration, mental health, news by sally

‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’

Full story

BBC News, 29th January 2014

Source: www.bbc.co.uk

Domestic abuse – why creating a specific offence is not the answer – Halsbury’s Law Exchange

Posted January 30th, 2014 in assault, bills, crime, domestic violence, news, sentencing by sally

‘The Offences Against the Person Act has been in law since 1861. It covers all forms of physical assault ranging from the most serious, such as stabbing someone, to common assault which can be committed merely by spitting at someone. Marital rape is an offence, as is pursuing a course of conduct which amounts to harassment. Despite these laws, MPs are now seeking to introduce a new offence of Domestic Abuse, aimed solely at offences carried out within relationships. The offence would be defined as, “intentionally, wilfully or recklessly causing, or attempting to cause, physical injury or psychological harm to a person”.’

Full story

Halsbury’s Law Exchange, 29th January 2014

Source: www.halsburyslawexchange.co.uk

Judge backs claim by grandmother for financial support from council – Local Government Lawyer

Posted January 30th, 2014 in costs, families, fostering, grandparents, local government, news, social services by sally

‘A grandmother has won a High Court battle with a council over the financial support she claimed she should have received to care for her 11-year-old granddaughter.’

Full story

Local Government Lawyer, 29th January 2014

Source: www.localgovernmentlawyer