BAILII: Recent Decisions

Posted March 3rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Scopema Sarl v Scot Seat Direct Ltd [2014] EWCA Civ 187 (28 February 2014)

S (Children) [2014] EWCA Civ 135 (28 February 2014)

High Court (Queen’s Bench Division)

DSD & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB) (28 February 2014)

Vann & Ors v Ocidental-Companhia De Seguros SA [2014] EWHC 545 (QB) (03 March 2014)

High Court (Chancery Division)

Barco De Vapor BV & Ors (t/a Joint Carrier) v Thanet District Council [2014] EWHC 490 (Ch) (27 February 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 502 (Fam) (28 February 2014)

N v K (No.2) [2014] EWHC 507 (Fam) (28 February 2014)

Birmingham Children’s NHS Trust v B & C [2014] EWHC 531 (Fam) (13 February 2014)

High Court (Administrative Court)

May v Rother District Council [2014] EWHC 456 (Admin) (27 February 2014)

O’Brien, R (on the application of) v Director of Public Prosecution [2013] EWHC 3741 (Admin) (28 November 2013)

High Court (Commercial Court)

Barclays Bank Plc v Landgraf [2014] EWHC 503 (Comm) (28 February 2014)

JCA BTA Bank v Ablyazov & Ors [2014] EWHC 455 (Comm) (28 February 2014)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2014] EWHC 530 (TCC) (28 February 2014)

High Court (Patents Court)

Jarden Consumer Solutions (Europe) Ltd v Seb SA & Anor [2014] EWHC 445 (Pat) (28 February 2014)

Source: www.bailii.org

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Further torment – New Law Journal

‘Rosalyn Akar Grams reviews the impact of LASPO on the provision of quality legal representation for survivors of torture, as part of an exclusive NLJ online series on legal aid post-LASPO.’

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New Law Journal, 19th February 2014

Source: www.newlawjournal.co.uk

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The Commissioners for H.M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellants) – Supreme Court

The Commissioners for H.M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellants) [2014] UKSC 14 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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Reporting Restrictions and the New Transparency – Part 1 – Family Law Week

‘This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.’

Full story

Family Law Week, 27th February 2014

Source: www.familylawweek.co.uk

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Beeres v. The CPS – Criminal Law and Justice Weekly

Posted March 3rd, 2014 in appeals, assault, domestic violence, evidence, legal representation, news, police by sally

‘Anita Beeres was convicted of assault for beating her partner John Leeson with a baseball bat during an argument at her home. Mr Leeson himself did not complain nor did he give evidence. (History does not relate how then Ms Beeres was arrested.) The only evidence against Ms Beeres was her confession, first at the time of her arrest and then again when interviewed at the police station.’

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Criminal Law and Justice Weekly, 28th February 2014

Source: www.criminallawandjustice.co.uk

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The dependable witness – New Law Journal

‘Martin Burns provides five important factors to consider when instructing an expert witness (or acting as one).’

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New Law Journal, 28th February 2014

Source: www.newlawjournal.co.uk

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Making it easier for separating couples to manage their finances and property – Law Commission

‘The Law Commission is recommending a set of measures to make it easier for couples to manage their financial affairs on divorce or at the end of a civil partnership.’

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Law Commission, 27th February 2014

Source: www.lawcommission.justice.gov.uk

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Fraudulent non-disclosure: the latest Chapter – Family Law Week

‘Sarah Foreman, a solicitor at Vardags, analyses the Court of Appeal judgment in Sharland v. Sharland.’

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Family Law Week, 28th February 2014

Source: www.familylawweek.co.uk

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High Court rejects challenge to Berkshire village green decision – OUT-LAW.com

Posted March 3rd, 2014 in commons, judicial review, local government, news, planning by sally

‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’

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OUT-LAW.com, 28th February 2014

Source: www.out-law.com

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Trade Marks: British Shorinji Kempo Federation v Shorinji Kempo Unity – NIPC Law

Posted March 3rd, 2014 in appeals, consent, intellectual property, news, trade marks by sally

‘Two interesting points arose in British Shorinji Kempo Federation v Shorinji Kempo Unity [2014] EWHC 285 (Ch) (17 Feb 2014) in which my colleague Thomas Dillon appeared for the British Shorinji Kempo Foundation (“BSKF”) on a pro bono basis. The first was what constitutes genuine use for the purpose of s.6A of the Trade Marks Act 1994. The second was the methodology by which the judge determined whether the mark that had BSKF sought to register was similar to one that had previously been registered by Shorinji Kempo Unity (“SKU”) and if so whether there was any likelihood of confusion for the purposes of s.5 (2) of the Act.’

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NIPC Law, 24th February 2014

Source: www.nipclaw.blogspot.co.uk

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The Law Commission’s Report on Matrimonial Property, Needs and Agreements – Family Law Week

‘Spencer Clarke, Lawyer in the Property, Family and Trust Law Team at the Law Commission considers the Key recommendations of the Law Commision’s Report on Matrimonial, Property, Needs and Agreements.’

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Family Law Week, 27th February 2014

Source: www.familylawweek.co.uk

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Bathroom spy-cam landlord escapes jail term – Daily Telegraph

‘A landlord who installed a hidden camera in his bathroom so he could spy on female students showering has avoided a jail sentence.’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

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Human rights and public law challenge to prisoner’s release conditions fails – UK Human Rights Blog

Posted March 3rd, 2014 in appeals, human rights, judicial review, news, release on licence, terrorism by sally

‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’

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UK Human Rights Blog, 2nd March 2014

Source: www.ukhumanrightsblog.com

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Robber Brian James Waite jailed after seven years on run – BBC News

Posted March 3rd, 2014 in escape from custody, fraud, news, robbery, sentencing by sally

‘A convicted robber who sparked an international search has been sentenced to more than nine years in jail.’

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BBC News, 1st March 2014

Source: www.bbc.co.uk

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Parents jailed over rickets baby death – BBC News

‘The parents of a five-month-old boy who died from acute rickets have been jailed for manslaughter.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk

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Rape of vulnerable women ‘has been effectively decriminalised’ – The Independent

‘Rape of vulnerable women, especially those with learning difficulties, has effectively been “decriminalised”, according to a research academic employed by the country’s largest police force.’

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The Independent, 28th February 2014

Source: www.independent.co.uk

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Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

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Gamblers need more protection, says culture secretary – BBC News

Posted March 3rd, 2014 in codes of practice, gambling, news, statistics by sally

‘A voluntary code of conduct for the gambling industry will be compulsory but needs toughening up, Culture Secretary Maria Miller has said.’

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BBC News, 2nd March 2014

Source: < href="http://www.bbc.co.uk">www.bbc.co.uk

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Leveson inquiry: The spy, the judge and the ‘cover-up’ – The Independent

Posted March 3rd, 2014 in complaints, corruption, inquiries, interception, judges, media, news, ombudsmen, police, privacy by sally

‘Sir Brian Leveson “pulled his punches” over evidence of “serious police corruption at the very highest level” because it was “too hot to handle”, according to a complaint that has been lodged with the judicial watchdog by a News of the World hacking victim.’

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The Independent, 2nd March 2014

Source: www.independent.co.uk

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