Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

R v Varma – WLR Daily

R v Varma [2012] UKSC 42; [2012] WLR (D) 270

“The Crown Court had the power and, in most cases, where the criteria in section 6 of the Proceeds of Crime Act 2002 were satisfied, the duty to make a confiscation order against a defendant following conviction for an offence in respect of which the defendant had received an absolute or a conditional discharge.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti – WLR Daily

Posted October 12th, 2012 in debts, EC law, freedom of movement, law reports by sally

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269

“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

Information stored in electronic recycle bins is held for purposes of FOI disclosure, says watchdog – OUT-LAW.com

“Public sector bodies will generally be required to disclose information even if it is stored in computer ‘recycle bins’, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 12th October 2012

Source: www.out-law.com

Out of his shadow: The long struggle of wives under English Law – Lord Wilson

Posted October 12th, 2012 in legal history, marriage, speeches, women by sally

Out of his shadow: The long struggle of wives under English Law (PDF)

The High Sheriff of Oxfordshire’s Annual Law Lecture, 9th October 2012

Source: www.supremecourt.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 12th, 2012 in legislation by sally

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2012

The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012

The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012

The Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012

The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Ward v Allies and Morrison Architects [2012] EWCA Civ 1287 (10 October 2012)

High Court (Queen’s Bench Division)

Jet2.com Ltd v S C Compania Nationala De Transporturi Aeriene Romane Tarom SA [2012] EWHC 2752 (QB) (11 October 2012)

A & Anor v Somerset County Council [2012] EWHC 2753 (QB) (11 October 2012)

High Court (Administrative Court)

Koumis v Secretary of State for Communities and Local Government [2012] EWHC 2686 (Admin) (05 October 2012)

Collins v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2760 (Admin) (19 September 2012)

Wilkinson, R (On the Application Of) v HM Coroner for the Greater Manchester South District (Rev 1) [2012] EWHC 2755 (Admin) (11 October 2012)

Source: www.bailii.org

Scientists to get extra protection from libel – The Independent

Posted October 12th, 2012 in bills, defamation, freedom of expression, news, public interest by sally

“Scientists and academics are to be given extra protection from bullying corporations that use Britain’s libel laws to suppress legitimate criticism and debate, the Government has indicated.”

Full story

The Independent, 12th October 2012

Source: www.independent.co.uk

Government to consult on temporary stop notices to prevent unauthorised traveller sites – OUT-LAW.com

Posted October 12th, 2012 in consultations, fines, local government, news, planning, travellers by sally

“Communities secretary Eric Pickles has set out the details of plans announced by him earlier this week to remove restrictions on the use of temporary stop notices, giving councils greater freedom to prevent unauthorised traveller sites being set up.”

Full story

OUT-LAW.com, 11th October 2012

Source: www.out-law.com

Vet who killed driver wins landmark case to get unlawful killing verdict overturned – Daily Telegraph

Posted October 12th, 2012 in inquests, news, road traffic, unlawful killing by sally

“A trainee vet whose car fatally struck a tow truck driver by the side of a motorway has triumphed in a ground-breaking legal fight to overturn an inquest verdict that he was ‘unlawfully killed’.”

Full story

Daily Telegraph, 11th October 2012

Source: www.telegraph.co.uk

Professional fines may be tax deductable, tribunal finds – OUT-LAW.com

Posted October 12th, 2012 in corporation tax, fines, news, penalties by sally

“The McLaren racing team is entitled to claim a corporation tax reduction in respect of a £32 million fine levied by the motor racing governing body because the fine was not a criminal penalty imposed by statute, a tribunal has held.”

Full story

OUT-LAW.com, 11th October 2012

Source: www.out-law.com

Iraq abuse inquiry little more than a whitewash, says official – The Guardian

Posted October 12th, 2012 in armed forces, inquiries, Iraq, news, torture by sally

“The Ministry of Defence says an investigation will be launched into claims that an inquiry it set up to examine whether British troops abused Iraqi prisoners has become ‘little more than a whitewash’.”

Full story

The Guardian, 11th October 2012

Source: www.guardian.co.uk

IPCC to decide on Hillsborough inquiry – The Independent

Posted October 12th, 2012 in health & safety, misfeasance in public office, news, police, sport by sally

“The Independent Police Complaints Commission will announce today whether it will hold a full-scale investigation into how the police behaved at the Hillsborough disaster.”

Full story

The Independent, 12th October 2012

Source: www.independent.co.uk

Woman ruined by Spanish property price collapse wins landmark compensation ruling – Daily Telegraph

Posted October 12th, 2012 in compensation, financial advice, mortgages, negligence, news by sally

“A woman who lost everything after investing in the Spanish property market has won a landmark legal ruling that could now benefit many others given bad financial advice.”

Full story

Daily Telegraph, 11th October 2012

Source: www.telegraph.co.uk

Serious sex offenders neglected by prison service, report finds – The Guardian

Posted October 12th, 2012 in news, prisons, rehabilitation, reports, sexual offences by sally

“Little or no effective work is being done with some of the most serious sex offenders behind bars, the chief inspector of prisons says in a report published on Friday.”

Full story

The Guardian, 12th October 2012

Source: www.guardian.co.uk

Supreme Court reverses CoA ruling on the legal definition of a house – The Lawyer

Posted October 11th, 2012 in appeals, housing, leases, news, precedent, Supreme Court by sally

“The Supreme Court has ended years of legal uncertainty by ruling on what constitutes a house in the contest of leasehold enfranchisement.”

Full story

The Lawyer, 11th October 2012

Source: www.thelawyer.com

An obvious observation about obviousness – ICLR Blog

Posted October 11th, 2012 in appeals, news, patents by sally

“The law of patents is not always patently clear, but one point is obvious. The question of obviousness is not one that admits of endless elaboration. It is, in fact, obvious.

In a judgment handed down yesterday, MedImmune Ltd v Novartis Pharmaceuticals UK Ltd [2012] EWCA Civ 1234, the Court of Appeal, dismissing appeals from Arnold J [2011] EWHC 1669 (Pat) and [2012] EWHC 181 (Pat) made a number of observations on the matter.”

Full story

ICLR Blog, 11th October 2012

Source: www.theiclr.blogspot.co.uk

Barry Thew jailed for T-shirt mocking PCs deaths – BBC News

Posted October 11th, 2012 in news, public order, sentencing by sally

“A man from Greater Manchester who wore a T-shirt daubed with offensive comments about the killing of two police officers has been jailed.”

Full story

BBC News, 11th October 2012

Source: www.bbc.co.uk

Board minutes of a public/private joint venture confidential and commercially sensitive – Panopticon

“Joint ventures between the public and private sectors are increasingly common. They are often a focus for vigorous political debate over issues such as the costs involved, the savings to the public purse, the profit to the private sector partner, and allegations of conflicts of interest. While those are political arguments on which Tribunals take no view, they do point to the significant public interests that are engaged when considering access to information. So said the Tribunal in David Orr v IC and Avon and Somerset Police Authority (EA/2012/0077), a recent decision notable for grappling with access to information about such a public/private joint venture.”

Full story

Panopticon, 11th October 2012

Source: www.panopticonblog.com