‘A decision that a Brighton peace activist’s details can be removed from an extremism database is being challenged in the UK’s highest court.’
BBC News, 2nd December 2014
Source: www.bbc.co.uk
Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506
‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’
WLR Daily, 7th November 2014
Source: www.iclr.co.uk
Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) [2014] EWHC 3394 (QB); [2014] WLR (D) 504
‘The question whether the conduct of a party to a gaming contract amounted to cheating at common law for the purposes of the civil law, thereby breaching an implied term in the contract that the player would not cheat, was to be determined by the court applying an objective standard to the conduct complained of.’
WLR Daily, 8th October 2014
Source: www.iclr.co.uk
Osman and another v Natt and another [2014] EWCA Civ 1520; [2014] WLR (D) 505
‘On its proper interpretation the statutory scheme of the Leasehold Reform, Housing and Urban Development Act 1993 required the court to hold that a purported notice under section 13 claiming the right to collective enfranchisement was invalid by virtue of the non-compliance with section 13(3)(e) in failing to identify all the qualifying tenants and to state their addresses in the property. The intention of the legislature as to the consequences of non-compliance with the statutory procedure had to be ascertained in the light of the statutory scheme as a whole.’
WLR Daily, 26th November 2014
Source: www.iclr.co.uk
Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502
‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’
WLR Daily, 21st November 2014
Source: www.iclr.co.uk
‘A local authority’s power to provide services to children in need under section 17 of the Children Act 1989 was not limited to children who were physically present in the local authority’s area at the time when the services were provided but extended to the provision of services to children who, although physically present at the time of assessment as children in need, were outside the area at the time of provision.’
WLR Daily, 25th November 2014
Source: www.iclr.co.uk
‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’
WLR Daily, 20th November 2014
Source: www.iclr.co.uk
Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512; [2014] WLR (D) 501
‘The withdrawal, on operational grounds, of the claimant from his position in the diplomatic service as a British High Commissioner constituted a breach of his contract of employment by the Foreign and Commonwealth Office, but such a withdrawal was not a breach of the latter’s common law duty of care. The development of psychiatric illness suffered by the claimant in consequence of the withdrawal was too remote to foresee for a claim for compensation’
WLR Daily, 21st November 2014
Source: www.iclr.co.uk
‘Police have apologised after a woman who tore off a Sikh taxi driver’s turban and burned it in front of him, was given a caution.’
BBC News, 2nd December 2014
Source: www.bbc.co.uk
In re APCOA Parking Holdings GmbH and others [2014] EWHC 3849 (Ch); [2014] WLR (D) 499
‘The court had jurisdiction to sanction a scheme of arrangement pursuant to Part 26 of the Companies Act 2006 where, pursuant to a change of law clause in a facilities agreement governing the indebtedness of the scheme companies, a change of governing law to English law had been effected, even though the parties were incorporated in another jurisdiction and had COMI in another jurisdiction. The change of law was valid even where the original choice of law was the foundation for access to the processes and provisions of the new law chosen and those processes and provisions enabled the same parties as objected to the change of law to be placed under compulsion to accept some further change in their existing contractual rights.’
WLR Daily, 19th November 2014
Source: www.iclr.co.uk
Galiazia v Governor of HMP Hewell and others [2014] EWHC 3427 (Admin); [2014] WLR (D) 509
‘Section 240ZA(3) of the Criminal Justice Act 2003, as inserted, allowed time on remand to be counted only against time spent in custody and it could not be credited to reduce time spent on licence.’
WLR Daily, 23rd November 2014
Source: www.iclr.co.uk
Nakhla v General Medical Council [2014] EWCA Civ 1522; [2014] WLR (D) 510
‘In considering whether a foreign-trained surgeon had satisfied the relevant requirements, as to training and experience, for registration as a specialist, where such registration was a necessary precondition for permanent appointment as an NHS consultant, careful attention was to be given to the qualifications and experience relied upon, in particular with regard to article 8(2) of the Postgraduate Medical Education and Training Order of Council 2010.’
WLR Daily, 28th November 2014
Source: www.iclr.co.uk
‘The system by which one local authority handling local government responsibilities could, under section 27 of the Children Act 1989 and with mandatory effect, request another authority to assist in relation to housing did not apply as between departments within the same local authority.’
WLR Daily, 7th November 2014
Source: www.iclr.co.uk
Nayif v High Commission of Brunei Darrusalam [2014] EWCA Civ 1521; [2014] WLR (D) 508
‘Issue estoppel would not apply in circumstances where there had been no actual adjudication of the relevant issue and no action by a party which would justify treating him as having consented to not having the matter formally determined.’
WLR Daily, 27th November 2014
SOurce: www.iclr.co.uk
‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’
UK Human Rights Blog, 1st December 2014
Source: www.ukhumanrightsblog.com
‘Master of the rolls Lord Dyson has told MPs that an increase in litigants in person has caused miscarriages of justice.’
Law Society’s Gazette, 1st December 2014
Source: www.lawgazette.co.uk
‘The Employment Appeal Tribunal has recently addressed an issue that is of particular interest to technology companies: could making a PhD an absolute requirement when recruiting be indirectly discriminatory against older applicants? Unfortunately the EAT did not come up with a definitive answer, but in the best academic tradition, it has reformulated the question.’
Technology Law Update, 2nd December 2014
Source: www.technology-law-blog.co.uk
‘The mother of a young woman who died in hospital is challenging the Parliamentary and Health Services Ombudsman (PHSO) in the High Court.’
BBC News, 2nd December 2014
Source: www.bbc.co.uk
‘The first change relates to cases when the defendant elected trial and solicitors had been restricted to the fixed fee, even though the Crown did not proceed at all, and the defendant is acquitted on the order of a judge. In these cases, provided the case goes beyond the plea and case management hearing, a cracked trial fee will be paid.’
Full story
Law Society’s Gazette, 1st December 2014
Source: www.lawgazette.co.uk
‘Law is pretty abstract. Unlike the role of a doctor or a builder, that of a lawyer is difficult to explain to a young mind. When my children eventually ask me about what I do when I “work” (confusingly simultaneously a place I seem to go to and a thing I do at home; either takes me away from them) my plan is to explain that I help strangers from far off places find new homes. Like Paddington Bear.’
Free Movement, 1st December 2014
Source: www.freemovement.org.uk
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