MacLeod and others v Gold Harp Properties Ltd – WLR Daily

Posted July 31st, 2014 in appeals, land registration, law reports, rectification by michael

MacLeod and others v Gold Harp Properties Ltd [2014] EWCA Civ 1084;  [2014] WLR (D) 345

‘Paragraph 8 of Schedule 4 to the Land Registration Act 2002 permitted the rectification of the land register where there were two competing derivative interests, the first of which had been mistakenly omitted or removed from the register, the second of which had been created during the period of mistaken deregistration and before the rectification of the register by the restoration of the first interest, so that the priority of the interests was changed in order that the first interest upon restoration was given the priority it would have had but for the mistake.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Comments Off

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Comments Off

Regina v Martin (Dwain) and Another – WLR Daily

Posted July 31st, 2014 in appeals, crime, drug offences, law reports by michael

Regina v Martin (Dwain) and Another [2014] WLR (D)  341

‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’

WLR Daily, 25th July 2014

Source: www.iclr.co.uk

Comments Off

Charity Commission for England and Wales v Framjee and Another – WLR Daily

Posted July 31st, 2014 in charities, Charity Commission, law reports, trusts by michael

Charity Commission for England and Wales v Framjee and another [2014] EWHC 2507 (Ch);  [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

Comments Off

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Comments Off

The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph

Posted July 31st, 2014 in data protection, EC law, internet, news, privacy by michael

‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Comments Off

Council chief reprimanded over use of n-word – BBC News

Posted July 31st, 2014 in local government, news, racism by michael

‘The deputy leader of Powys Council has been “severely reprimanded” for using racially offensive language at a council meeting.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Comments Off

‘Sobriety tags’ to be worn by offenders of alcohol-linked crime in pilot scheme – The Guardian

‘People who repeatedly commit alcohol-related crime will be forced to wear ankle tags that monitor whether they are still drinking, under a year-long pilot scheme.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

Comments Off

Judge rules seriously ill boy, 13, can be treated against mothers beliefs – Daily Telegraph

Posted July 31st, 2014 in children, medical treatment, news by michael

‘A seriously ill teenager can be treated with blood products even though his mother is unable to consent because of her religious beliefs, a High Court judge has ruled.’

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Comments Off

Essex village green challenge rejected by High Court – OUT-LAW.com

Posted July 31st, 2014 in commons, land registration, news by michael

‘A legal challenge against Essex County Council’s refusal to register a piece of land as a town or village green, protecting it from development, has been rejected by the High Court.’

Full story

OUT-LAW.com, 30th July 2014

Source: www.out-law.com

Comments Off

Police launch scheme for victims to choose punishment – Daily Telegraph

‘A Police and Crime Commissioner has launched scheme to allow victims to decide how criminals should be punished. ‘

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Comments Off

Private copying exception plans face possible legal action following parliamentary sign off – OUT-LAW.com

‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’

Full story

OUT-LAW.co, 30th July 2014

Source: www.out-law.com

Comments Off

Parents ordered to pay £23k school fees after judge throws out race claim – Daily Telegraph

Posted July 31st, 2014 in bullying, costs, education, fees, news, racism by michael

‘Parents who refused to pay their private school fees – claiming their three sons had been been bullied and racially abused at a vegetarian school – have had their complaints thrown out by a High Court judge.’

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Comments Off

Local authority’s ‘benefit tourism’ rule discriminated against residents – The Guardian

‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’

Full story

The Guardian, 30th July 2014

Source: www.guardian.co.uk

Comments Off

Illegal immigrant Mary Hounga can claim discrimination, says landmark Supreme Court ruling – Daily Telegraph

‘Illegal immigrants are entitled to bring court actions against their employers for discrimination, the Supreme Court has said in a landmark judgment.’

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Comments Off

Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

Full story

OUT-LAW.com, 30th July 2014

Source: www.out-law.com

Comments Off

Armed police officer charged with murder over Azelle Rodney shooting – The Independent

Posted July 31st, 2014 in anonymity, firearms, inquiries, murder, news, police, prosecutions by michael

A decorated former Scotland Yard marksman involved in a botched armed operation against a drugs gang was charged yesterday with murdering one of the suspects.

Full story

The Independent, 30th July 2014

Source: www.independent.co.uk

Comments Off

Masked gang jailed for family attack at wrong house – BBC News

Posted July 31st, 2014 in gangs, grievous bodily harm, news, sentencing, wounding by michael

‘An innocent family were beaten and stabbed in their own home in a scene from a “horror film” after a masked gang targeted the wrong house.’

Full story

BBC News, 30th July 2014

Source: www.bbc.co.uk

Comments Off

No appeal over Rolf Harris sex offences sentence – BBC News

‘Rolf Harris’s sex offences sentence will not be referred to the Court of Appeal, despite 150 complaints over its “leniency”, the attorney general’s office has said.’

Full story

BBC News, 30th July 2014

Source: www.bbc.co.uk

Comments Off

Recent Statutory Instruments – legislation.gov.uk

Posted July 30th, 2014 in legislation by sally

The School Governance (Constitution and Federations) (England) (Amendment) (No. 2) Regulations 2014

The Sulphur Content of Liquid Fuels (England and Wales) (Amendment) Regulations 2014

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2014

The Dentists Act 1984 (Medical Authorities) (No. 2) Order 2014

The Coal Industry (Superannuation Scheme Winding Up) (Revocations and Savings) Regulations 2014

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014

The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014

The Proceeds of Crime Act 2002 (External Investigations) Order 2014

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2014

The European Communities (Designation) (No. 2) Order 2014

The Venture Capital Trust (Amendment) Regulations 2014

The Education (National Curriculum)(Attainment Targets and Programmes of Study)(England)(Amendment)(No. 2) Order 2014

The Communications Act 2003 (Disclosure of Information) Order 2014

The Electoral Administration Act 2006 (Commencement No. 2) (Northern Ireland) Order 2014

The Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2014

The Channel Tunnel (International Arrangements) (Amendment) Order 2014

The Public Lending Right Scheme 1982 (Commencement of Variation and Amendment) Order 2014

The African Legal Support Facility (Legal Capacities) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Iraq) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Vietnam) Order 2014

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2014

The Care Planning and Care Leavers (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Comments Off