Regina (LD and others) v Secretary of State for Justice – WLR Daily

Posted July 24th, 2014 in human rights, law reports, prisons, stop and search, women by sally

Regina (LD and others) v Secretary of State for Justice [2014] WLR (D) 333

‘The policy contained in Prison Service Instruction (PSI) 67/2011 of targeted strip-searching of women prisoners was not in breach of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

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Digital Economy Act copyright regime shelved by UK government – OUT-LAW.com

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

Full story

OUT-LAW.com, 24th July 2014

Source: www.out-law.com

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BAILII: Recent Decisions

Posted July 24th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Polyflor Ltd v Health and Safety Executive [2014] EWCA Crim 1522 (18 July 2014)

Court of Appeal (Civil Division)

Austin v Miller Argent (South Wales) Ltdd [2014] EWCA Civ 1012 (21 July 2014)

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011 (18 July 2014)

Starlight Shipping Company v Allianz Marine & Aviation Versicherungs AG & Ors [2014] EWCA Civ 1010 (18 July 2014)

David Cary v Commissioner of Police for the Metropolis Equality And Human Rights Commission [2014] EWCA Civ 987 (17 July 2014)

Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)

O v The Secretary of State for the Home Department [2014] EWCA Civ 990 (17 July 2014)

H, Re [2014] EWCA Civ 989 (17 July 2014)

Guildhall College Ltd, R (On the Application Of) v Secretary of State for Business Innovation And Skills & Anor [2014] EWCA Civ 986 (17 July 2014)

Mercer Ltd & Anor v Ballinger & Anor [2014] EWCA Civ 996 (17 July 2014)

McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031 (21 July 2014)

High Court (Queen’s Bench Division)

Ahmed Oukhellou v Luton And Dunstable Hospital NHS Foundation Trust [2014] EWHC 2303 (QB) (11 July 2014)

Palisetty v Secretary of State for the Home Department [2014] EWHC 2473 (QB) (21 July 2014)

High Court (Administrative Court)

Johnson, R (on the application of) v The Secretary of State for the Home Department [2014] EWHC 2386 (Admin) (17 July 2014)

Tigere, R (On the Application Of) v Secretary of State for Business, Innovation & Skills -And- Student Loans Company Ltd [2014] EWHC 2452 (Admin) (17 July 2014)

Source: www.bailii.org

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Ex-NoW journalist Dan Evans gets suspended sentence over hacking – The Guardian

‘A former journalist at the News of the World who admitted listening to more than 1,000 hacked voicemail messages has been spared jail because of what the judge said was his “unique” role in giving the prosecution evidence in the trial of Andy Coulson, Rebekah Brooks and others.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

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UK terrorism laws so broad it has begun to ‘catch those it never intended to’ – The Independent

Posted July 24th, 2014 in legislation, media, news, reports, terrorism by sally

‘UK anti-terrorism laws are so broadly drawn they are in danger of catching journalists, bloggers, and those it was “never intended to cover” the counter-terrorism watchdog has said.’

Full story

The Independent, 22nd July 2014

Source: www.independent.co.uk

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‘Arrogant’ barrister has contempt finding set aside – Law Society’s Gazette

‘A barrister accused of ‘breathtaking arrogance’ has had a contempt finding against him set aside, but been referred to the bar’s regulator.’

Full story

Law Society’s Gazette, 23rd July 2014

Source: www.lawgazette.co.uk

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Number of prisoners over 60 in England and Wales doubles in 10 years – The Guardian

Posted July 24th, 2014 in elderly, news, prisons, statistics by sally

‘The number of prisoners over the age of 60 in jail in England and Wales has nearly doubled over the past decade to 3,577, according to the latest Ministry of Justice figures.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

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Thavisha Peiris murder: Man guilty of pizza man’s ‘frenzied’ killing – BBC News

Posted July 24th, 2014 in murder, news, offensive weapons, theft by sally

‘A man has been found guilty of murdering a pizza delivery worker who was making his last deliveries before moving to his “dream job”.’

Full story

BBC News, 23rd July 2014

Source: www.bbc.co.uk

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Diplomat to chair Bar Standards Board – Legal Futures

Posted July 24th, 2014 in barristers, diplomats, news by sally

‘Sir Andrew Burns, a career diplomat, has been chosen to replace Baroness Ruth Deech as chair of the Bar Standards Board (BSB) from 1 January 2015.’

Full story

Legal Futures, 22nd July 2014

Source: www.legalfutures.co.uk

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Foreign criminal cannot be deported because of his right not to be discriminated against on grounds of illegitimacy – UK Human Rights Blog

Posted July 24th, 2014 in appeals, citizenship, deportation, human rights, news by sally

‘The proposed deportation to Jamaica of a man convicted of drug smuggling and manslaughter would breach his rights under Article 8 and Article 14 because he had not obtained British citizenship on grounds of illegitimacy, the High Court has ruled.’

Full story

UK Human Rights Blog, 22nd July 2014

Source: www.ukhumanrightsblog.com

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Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

Full story

Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

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Man fined for swallowing goldfish on film – BBC News

Posted July 24th, 2014 in animal cruelty, cautions, fines, news, private prosecutions by sally

‘A 20-year-old man from Suffolk has been fined £200 after he was filmed swallowing two goldfish as part of a ‘Neknominate” online dare.’

Full story

BBC News, 23rd July 2014

Source: www.bbc.co.uk

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Sacked Baby P chief Sharon Shoesmith won payout of more than £600,000 – The Guardian

Posted July 24th, 2014 in compensation, local government, news, social services, unfair dismissal by sally

‘Haringey council has had to pay out more than £600,000 to its former children’s services boss Sharon Shoesmith in compensation for unfair dismissal, unpaid wages, and pension contributions, according to reports.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

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Rhys Ifans and Michael Barrymore awarded damages in phone hacking case – The Independent

Posted July 23rd, 2014 in damages, interception, media, news, privacy by sally

‘Rhys Ifans and Michael Barrymore have both received undisclosed damages at the close of their phone hacking lawsuit.’

Full story

The Independent, 22nd July 2014

Source: www.independent.co.uk

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Ian Watkins loses bid to reduce sentence for child sex offences – The Guardian

Posted July 23rd, 2014 in appeals, child abuse, news, sentencing, sexual offences by sally

‘Ian Watkins, the former lead singer of the Lostprophets, has lost a bid to reduce his 35-year sentence for a string of sex offences against children, including the attempted rape of a baby.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

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Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch);  [2014] WLR (D)  330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

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PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011;  [2014] WLR (D)  329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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