“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175
“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”
WLR Daily, 19th April 2013
Source: www.iclr.co.uk
“A customer which as part of its business did betting on a betting exchange did not receive or negotiate bets so was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963 and was not liable to pay the horserace betting levy.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173
“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”
WLR Daily, 10th May 2013
Source: www.iclr.co.uk
“Two senior Saudi princes have failed to extract themselves from English justice after the court of appeal upheld a ruling that they are not entitled to sovereign immunity in a case involving their London-based business interests.”
The Guardian, 16th May 2013
Source: www.guardian.co.uk
“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”
NearlyLegal, 15th May 2013
Source: www.nearlylegal.co.uk
“Appeal court justices say conviction was ‘unarguable’ for racist murder of London teenager in 1993.”
The Guardian, 15th May 2013
Source: www.guardian.co.uk
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
“The Court of Appeal has dismissed a claim for leasehold enfranchisement by the occupiers of a mixed-use property, ruling that the property, part of which had been converted into a flat against the landlord’s wishes, was not a ‘house reasonably so called.”
OUT-LAW.com, 14th May 2013
Source: www.out-law.com
“In HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (3 May 2013), the Court of Appeal (Lord Justices Richards, Lewison and Kitchin) ventured again into what Lord Justice Lewison described at paragraph [140] of the Court’s judgment as “the minefield of the exclusion from patentability of computer programs ‘as such’.”
NIPC Law, 13th May 2013
Source: www.nipclaw.blogspot.co.uk
Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171
“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170
“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”
OUT-LAW.com, 10th May 2013
Source: www.out-law.com
“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”
NearlyLegal, 12th May 2013
Source: www.nearlylegal.co.uk
“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”
NearlyLegal, 10th May 2013
Source: www.nearlylegal.co.uk
“Court of appeal rejects application by David Norris to appeal against conviction for 1993 racist murder.”
The Guardian, 10th May 2013
Soruce: www.guardian.co.uk
“A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.”
Daily Telegraph, 9th May 2013
Source: www.telegraph.co.uk
“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”
Daily Telegraph, 10th May 2013
Source: www.telegraph.co.uk
“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
