‘Plebgate’ police officer Susan Johnson dismissed – BBC News
‘A policewoman has become the fourth officer to be sacked over press leaks related to the “plebgate” affair.’
BBC News, 21st May 2014
Source: www.bbc.co.uk
Day: 21 May 2014
Legal challenge to controversial herring gull cull dismissed by judge – The Guardian
‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’
The Guardian, 21st May 2014
Source: www.guardian.co.uk
The Common Law and the Spirit of Kennedy – Panopticon
‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’
Panopticon, 20th May 2014
Source: www.panopticonblog.com
Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com
‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’
OUT-LAW.com, 21st May 2014
Source: www.out-law.com
Abu Hamza – the ten-year battle – Halsbury’s Law Exchange
‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’
Halsbury’s Law Exchange, 20th May 2014
Source: www.halsburyslawexchange.co.uk
Pre-sentence restorative justice – Ministry of Justice
‘Secretary of State guidance for pre-sentence restorative justice.’
Ministry of Justice, 19th May 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
LCJ: “Once in a lifetime” chance to build proper court IT system – Litigation Futures
‘The Lord Chief Justice has said the country has a “once in a lifetime” opportunity to build a proper court IT system, and failing to make a success of it would be a “disaster”. In a strongly-worded speech highly critical of previous court IT failures, Lord Thomas said that if the Courts Service and the judiciary squandered the £300-£400m promised by the Treasury, it would “not be forgotten” and “we would not be given that money again”.’
Litigation Futures, 21st May 2014
Source: www.litigationfutures.com
Law firm’s medical negligence advert was misleading, ASA rules – Legal Futures
‘An internet banner advertisement by an Essex law firm which showed a woman’s face above the slogan “awarded £40,000 after cosmetic surgery – claim now” was misleading, the Advertising Standards Authority (ASA) has ruled.’
Legal Futures, 21st May 2014
Source: www.legalfutures.co.uk
Damian Green’s Police Federation (Constables’ Conference) speech – Home Office
‘Damian Green’s Police Federation (Constables’ Conference) speech Tuesday 20 May.’
Home Office, 20th May 2014
Source: www.gov.uk/home-office
Recent Statutory Instruments – legislation.gov.uk
In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily
‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’
WLR Daily, 15th May 2014
Source: www.iclr.co.uk
Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily
‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily
‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
O’Connell v Rollings & Ors (Administrators of Musion Systems Ltd) [2014] EWCA Civ 639 (21 May 2014)
Darby & Darby (A Firm) v Joyce [2014] EWCA Civ 677 (20 May 2014)
Hines v London Borough of Lambeth [2014] EWCA Civ 660 (20 May 2014)
Northumbrian Water Ltd v McAlpine Ltd [2014] EWCA Civ 685 (20 May 2014)
SA (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 683 (20 May 2014)
Court of Appeal (Criminal Division)
Liverpool & Anor v R. [2014] EWCA Crim 1001 (20 May 2014)
Family Court Decisions (other Judges)
D (Children) [2014] EWFC B57 (20 May 2014)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
AVB v TDD [2014] EWHC 1663 (QB) (20 May 2014)
Source: www.bailii.org
Jackson rules High Court erred in refusing more time – Law Society’s Gazette
‘Lord Justice Jackson, architect of the civil justice reforms, has overturned a High Court decision which wrongly interpreted his own changes to the system.’
Law Society’s Gazette, 19th May 2014
Source: www.lawgazette.co.uk
Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette
‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’
Law Society’s Gazette, 20th May 2014
Source: www.lawgazette.co.uk
Former sniper Danny Nightingale loses bid to overturn conviction – BBC News
‘Former SAS sniper Danny Nightingale has lost his latest bid against his conviction for illegally possessing a gun and ammunition.’
BBC News, 20th May 2014
Source: www.bbc.co.uk
UK man who fought in Syria is first to be convicted of terror offences related with the conflict – Daily Telegraph
‘A man whose wife told him to “go die in battlefield” in a text message as he went off to fight in Syria has become the first person in the UK to be convicted of terrorist offences in connection with the conflict.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
