Badger cull protesters lose legal battle – Daily Telegraph

Posted October 30th, 2014 in agriculture, animals, appeals, environmental health, news, pilot schemes by sally

‘Court of Appeal judges dismiss campaigners’ claim Government acting unlawfully by allowing latest badger culls to go ahead without monitoring by independent expert panel.’

Full story

Daily Telegraph, 29th October 2014

Source: www.telegraph.co.uk

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Punitive drug law enforcement failing, says Home Office study – The Guardian

Posted October 30th, 2014 in crime, drug abuse, drug offences, enforcement, evidence, health, news, reports by sally

‘There is no evidence that tough enforcement of the drug laws on personal possession leads to lower levels of drug use, according to the government’s first evidence-based study.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted October 29th, 2014 in legislation by sally

The Care and Support (Continuity of Care) Regulations 2014

The Local Audit (Auditor Panel Independence) Regulations 2014

Bishops and Priests (Consecration and Ordination of Women) Measure 2014

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2014

The Immigration (Removal of Family Members) Regulations 2014

The National Minimum Wage (Amendment) (No. 3) Regulations 2014

The Care and Support (Provision of Health Services) Regulations 2014

The Care and Support (Market Oversight Information) Regulations 2014

The Care and Support (Discharge of Hospital Patients) Regulations 2014

The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014

The Care and Support (Disputes Between Local Authorities) Regulations 2014

The Insurance Premium Tax (Non-taxable Insurance Contracts) Order 2014

The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014

The Care and Support (Independent Advocacy Support) Regulations 2014

The Care and Support (Assessment) Regulations 2014

The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

The Immigration Services Commissioner (Application Fee) (Amendment) Order 2014

Source: www.bailii.org

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BAILII: Recent Decisions

Posted October 29th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387 (28 October 2014)

Chalfont St Peter Parish Council v Chiltern District Council [2014] EWCA Civ 1393 (28 October 2014)

Recall Support Services Ltd & Ors v Secretary of State for Culture, Media And Sport [2014] EWCA Civ 1370 (28 October 2014)

High Court (Administrative Court)

Cheshire East Council v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3536 (Admin) (28 October 2014)

Mensah v Salford City Council [2014] EWHC 3537 (Admin) (28 October 2014)

Samuel Smith Old Brewery (Tadcaster) v Selby District Council [2014] EWHC 3441 (Admin) (27 October 2014)

High Court (Queen’s Bench Division)

Reachlocal UK Ltd & Anor v Bennett & Ors [2014] EWHC 3405 (QB) (21 October 2014)

Kelly v Ministry Of Justice [2014] EWHC 3440 (QB) (20 October 2014)

Hamaizia & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 3408 (QB) (21 October 2014)

Coulson & Ors v Wilby [2014] EWHC 3404 (QB) (21 October 2014)

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty & Ors [2014] EWHC 3429 (QB) (27 October 2014)

High Court (Chancery Division)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3513 (Ch) (28 October 2014)

The Co-Operative Bank Plc v Phillips [2014] EWHC 3545 (Ch) (28 October 2014)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3514 (Ch) (28 October 2014)

High Court (Family Division)

A And B (Children: Brussels II Revised: Article 15) V [2014] EWHC 3516 (Fam) (23 October 2014)

London Borough of Croydon v S & Anor [2014] EWHC 3550 (Fam) (09 October 2014)

Quan v Bray & Ors [2014] EWHC 3340 (Fam) (27 October 2014)

Source: www.bailii.org

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Voyeur teacher Gareth Williams has jail term cut – BBC News

Posted October 29th, 2014 in appeals, news, sentencing, teachers, video recordings, voyeurism by sally

‘A Cardiff deputy head teacher who secretly filmed pupils going to the toilet has had his “manifestly excessive” five-year jail term cut to four by the Court of Appeal.’

Full story

BBC News, 28th October 2014

Source: www.bbc.co.uk

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High security prisoners offered academic course to learn about ’causes of crime’ – Daily Telegraph

Posted October 29th, 2014 in news, prisons, rehabilitation, universities by sally

‘Academics from Durham University will teach criminology to prisoners and students inside Category ‘A’ jail.’

Full story

Daily Telegraph, 29th October 2014

Source: www.telegraph.co.uk

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Single mother-of-five made homeless by benefits cap turns to Supreme Court over Westminster Council’s attempts at ‘social cleansing’ – The Independent

Posted October 29th, 2014 in appeals, benefits, families, homelessness, housing, news, Supreme Court by sally

‘A single mother-of-five who was made homeless after resisting Westminster Council’s attempt to move the family 50 miles from the capital is applying to the Supreme Court to review her case.’

Full story

The Independent, 29th October 2014

Source: www.independent.co.uk

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Ministers to consult over mandatory abuse reporting – BBC News

Posted October 29th, 2014 in child abuse, consultations, news by sally

‘The government is to undertake a public consultation into whether the reporting of child abuse by regulated bodies should be made mandatory.’

Full story

BBC News, 29th October 2014

Source: www.bbc.co.uk

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Chris Huhne loses legal costs appeal – The Guardian

Posted October 29th, 2014 in appeals, costs, news, perverting the course of justice, road traffic offences by sally

‘Former cabinet minister Chris Huhne has lost a challenge against an order that he must pay £77,750 costs from his prosecution for passing speeding points to his ex-wife.’

Full story

The Guardian, 28th October 2014

Source: www.guardian.co.uk

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Naked Rambler loses at European court over right to public nudity – The Guardian

‘A man known as the Naked Rambler has lost his case at the European court of human rights where, he claimed he had a right to bare all in public.’

Full story

The Guardian, 28th October 2014

Source: www.guardian.co.uk

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Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 28th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1386; [2014] WLR (D) 448

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’

WLR Daily, 24th October 2014

Source: www.iclr.co.uk

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Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

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Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) – WLR Daily

Posted October 28th, 2014 in appeals, fraud, land registration, law reports, mortgages, Supreme Court by sally

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) [2014] UKSC 52; [2014] WLR (D) 447

‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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In re T (Children) (Revocation of Placement Order: Change in Circumstances) – WLR Daily

Posted October 28th, 2014 in adoption, appeals, law reports, placement orders by sally

In re T (Children) (Revocation of Placement Order: Change in Circumstances) [2014] EWCA Civ 1369; [2014] WLR (D) 445

‘A “change of circumstances” for the purposes of an application for permission to apply to revoke a placement order under section 24 of the Adoption and Children Act 2002 had to be a change which had occurred since the making of the placement order and whichwas relevant to the circumstances of the case. It would be unacceptable to exclude any change in circumstances to the children who were the subject of the orders.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

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Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) – WLR Daily

Posted October 28th, 2014 in appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) [2014] UKSC 54; [2014] WLR (D) 446

‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Sunrise Brokers LLP v Rodgers – WLR Daily

Posted October 28th, 2014 in appeals, competition, contract of employment, employment, injunctions, law reports by sally

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442

‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others – WLR Daily

Posted October 28th, 2014 in carriage of goods, conflict of laws, EC law, law reports, treaties by sally

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others (Case C-305/13) ECLI:EU:C:2014:2320; [2014] WLR (D) 441

‘The last sentence of article 4(4) of the Convention on the Law Applicable to Contractual Obligations (Rome Convention) applied to a commission contract for the carriage of goods solely when the main purpose of the contract consisted in the actual transport of the goods concerned, which was for the referring court to verify. Where the law applicable to a contract for the carriage of goods could not be fixed under the second sentence of article 4(4), it had to be determined in accordance with the general rule laid down in article 4(1) that the law governing the contract was that of the country with which it was most closely connected. Where it was argued that a contract had a closer connection with a country other than that the law of which was designated by the presumption laid down in article 4(2), the national court had to compare the connections existing between that contract and the country whose law was designated by the presumption and the other country concerned. In so doing, the national court had to take account of the circumstances as a whole, including the existence of other contracts connected with the contract in question.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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