Month: March 2013

Taylor and another v A Novo (UK) Ltd – WLR Daily

Posted March 26th, 2013 in appeals, law reports, negligence, post-traumatic stress disorder by sally

Taylor and another v A Novo (UK) Ltd [2013] EWCA Civ 194; [2013] WLR (D) 119

“A person who suffered psychiatric illness (post-traumatic stress disorder), after witnessing the sudden collapse and death of her mother who had been injured at work by the admitted negligence of the defendant employer some three weeks earlier, did not have a right of action as a secondary victim for damages against the defendant, since there was an insufficient relationship of proximity between the person suffering the psychiatric illness and the defendant.”

WLR Daily, 18th March 2013

Source: www.iclr.co.uk

Swift v Secretary of State for Justice – WLR Daily

Posted March 26th, 2013 in accidents, appeals, cohabitation, damages, families, human rights, law reports by sally

Swift v Secretary of State for Justice [2013] EWCA Civ 193; [2013] WLR (D) 118

“The exclusion of a person, cohabiting for less than two years with another who had subsequently died, from the classes of family members entitled to claim damages for loss of dependency under the Fatal Accidents Act 1976, as amended, was a proportionate means of pursuing the legitimate legislative aim of confining the right to recovery to those who had relationships of some degree of permanence and dependence. Accordingly, section 1(3)(b) of the 1976 Act, as substituted by section 3(1) of the Administration of Justice Act 1982, was not incompatible with article 14, in conjunction with article 8, of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the choice made by the legislature was not manifestly without foundation and was one Parliament was entitled to make. And even if the section amounted to an interference with the right to respect for family life in breach of article 8.1, the interference was justified under article 8.2.”

WLR Daily, 18th March 2013

Source: www.iclr.co.uk

Regina v Hampshire County Council – WLR Daily

Posted March 26th, 2013 in abuse of process, confiscation, law reports, local government, proportionality, sentencing, trade marks by sally

Regina v Hampshire County Council [2013] WLR (D) 117

“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Regina v Mahmood – WLR Daily

Posted March 26th, 2013 in confiscation, conspiracy, crime, law reports, proceeds of crime, sentencing by sally

Regina v Mahmood [2013] EWCA Crim 325; [2013] WLR (D) 116

“When calculating the expenditure incurred during a conspiracy, the statutory assumption in section 10(4) of the Proceeds of Crime Act 2002 did not mean that each conspirator was treated as having incurred all of the expenditure and evidence was required about the particular conspirator who had incurred it.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) – WLR Daily

Posted March 26th, 2013 in airports, appeals, EC law, environmental protection, law reports by sally

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) (Case C-244/12); [2013] WLR (D) 115

“When a member state, pursuant to article 4(2)(b) of Council Directive 85/337/EEC, with regard to projects falling within the scope of the discretion under Annex II whether to carry out an environmental assessment (‘EA’), established a threshold which was incompatible with the obligations laid down in articles 2(1) and 4(3) of that directive, the provisions of articles 2(1) and 4(2)(a) and (3) of the directive had direct effect, which meant that the competent national authorities had to ensure that it was first examined whether the projects concerned were likely to have significant effects on the environment and, if so, that an assessment of those effects was then undertaken.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) – WLR Daily

Posted March 26th, 2013 in environmental protection, law reports, sewerage, waste, water companies by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) [2013] EWHC 472 (Admin); [2013] WLR (D) 114

An unintended escape of sewage amounted to a “deposit” for the purpose of an offence under section 33(1)(a) of the Environmental Protection Act 1990.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

In re P-S (Children) (Care Proceedings: Evidence) – WLR Daily

Posted March 26th, 2013 in appeals, children, evidence, law reports by sally

In re P-S (Children) (Care Proceedings: Evidence) [2013] EWCA Civ 223; [2013] WLR (D) 113

“Although a child in care proceedings concerning him had the right to be “heard” in the proceedings, there was no rule as to how that was to be achieved, and a young boy, who had been granted status as a party to care proceedings concerning him, did not have the right to insist that he be permitted to give evidence to the court.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) – WLR Daily

Posted March 26th, 2013 in appeals, law reports, powers of attorney by sally

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) [2013] EWCA Civ 191; [2013] WLR (D) 112

“Section 7(1)(c) of the Enduring Powers of Attorney Act 1985 did not have the effect of preventing a person who was the attorney under a registered enduring power of attorney from benefiting himself out of the donor’s money in a manner not authorised by the enduring power of attorney without the approval of the court, provided that he was acting in a different capacity (such as that of an authorised signatory to a bank account in the donor’s name), and the donor retained sufficient mental capacity to consent to such an act and gave full, free and informed consent to its being done.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Apex Global Management Ltd v FI Call Ltd and others – WLR Daily

Posted March 26th, 2013 in conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v FI Call Ltd and others [2013] EWHC 587 (Ch); [2013] WLR (D) 111

On the proper construction of section 20(1)(b) of the State Immunity Act 1978, whilst an adult member of a sovereign’s or head of state’s family exercising royal or presidential, constitutional and representational functions could be regarded in some circumstances as a member of the sovereign’s or head of state’s household, even though he or she lived apart from the sovereign or head of state, such a situation would be rare, and would be likely to be restricted to the case of a regent, heir to the throne or a person broadly exercising the sovereign’s or head of state’s functions in a full time capacity on his behalf.

WLR Daily, 19th March 2013

Source: www.iclr.co.uk

IPCC report on Mark Duggan shooting to be completed next month – The Guardian

Posted March 26th, 2013 in complaints, delay, firearms, homicide, news, police, reports, Russia by sally

“The report into the police shooting of Mark Duggan will finally be completed next month, over a year later than it was first promised, the police watchdog has announced.”

Full story

The Guardian, 25th March 2013

Source:www.guardian.co.uk

Darren Purchase jailed for 20 years for series of sex crimes – BBC News

Posted March 26th, 2013 in news, recidivists, sentencing, sexual offences by sally

“A man has been sentenced to 20 years in prison for sexually assaulting and raping eight people including a 13-year-old boy.”

Full story

BBC News, 25th March 2013

Source: www.bbc.co.uk

Financial Conduct Authority may ban harmful products – The Guardian

Posted March 26th, 2013 in banking, consumer protection, financial regulation, insurance, news by sally

“Britain’s new financial watchdog has pledged to clean up the financial services sector by using new powers to suspend or ban products if they appear harmful to consumers.”

Full story

The Guardian, 25th March 2013

Source: www.guardian.co.uk

L-drivers face ‘minimum learning period’ in radical overhaul of driving test rules – The Independent

Posted March 26th, 2013 in driving licences, education, news, time limits, young persons by sally

“A sweeping overhaul of driving test rules was announced today [25 March] by Patrick McLoughlin, the Transport Secretary, in an attempt to reduce the number of young motorists killed or seriously injured on Britain’s roads.”

Full story

The Independent, 25th March 2013

Source: www.independent.co.uk

Lords to vote on restoring safeguards to plan for secret courts – The Guardian

Posted March 26th, 2013 in bills, closed material, news, parliament, private hearings by sally

“Peers vote on Tuesday on whether to restore extra safeguards to the justice and security bill – amendments that the government has warned will make the expansion of secret courts unworkable.”

Full story

The Guardian, 26th March 2013

Source: www.guardian.co.uk

‘Sadistic’ horror film fan jailed for Chester murder – BBC News

Posted March 25th, 2013 in guilty pleas, murder, news, sentencing by sally

“A horror film fan who killed his friend in a scene which mirrored one of his favourite films has been jailed for life at Chester Crown Court.”

Full story

BBC News, 25th March 2013

Source: www.bbc.co.uk

Court orders stockbroker who defrauded £32m to pay nominal £1 fee – The Independent

Posted March 25th, 2013 in assets recovery, bankruptcy, fraud, news by sally

“A bankrupt stockbroker who defrauded millions of pounds from some of Britain’s shrewdest business people was today ordered to pay a nominal £1 fee.”

Full story

The Independent, 25th March 2013

Source: www.independent.co.uk

Rape myths not behind low conviction rate, says leading family lawyer – The Guardian

Posted March 25th, 2013 in news, prosecutions, rape, statistics, victims, witnesses by sally

“Helen Reece argues lack of independent witnesses is main cause of conviction rate which is similar to that of other crimes.”

Full story

The Guardian, 25th March 2013

Source: www.guardian.co.uk

Film tax-credit fraudsters jailed – The Guardian

Posted March 25th, 2013 in film industry, fraud, news, sentencing, tax credits, VAT by sally

“Five fraudsters who pretended to be making a Hollywood blockbuster as part of a £2.8m VAT and film tax credits scam have been jailed.”

Full story

The Guardian, 25th March 2013

Source: www.guardian.co.uk

Mike Gordon: Ministerial Responsibility After Huhne – UK Constitutional Law Group

Posted March 25th, 2013 in constitutional law, ministers' powers and duties, news, perverting the course of justice, road traffic offences by sally

“Does the Chris Huhne affair have constitutional implications? In one sense, the answer to this question might be a rather obvious one. From a constitutional perspective – although certainly not from a political perspective – the case seems relatively uncontroversial.”

Full story

UK Constitutional Law Group, 25th March 2013

Source: www.ukconstitutionallaw.org

Iraq ten years on – Garden Court Chambers Blog

Posted March 25th, 2013 in asylum, barristers, immigration, Iraq, news, victims by sally

“Ten years on from the invasion of Iraq by British and American forces, Jo Wilding recalls her work there, and describes how now as an immigration barrister she meets the victims of the conflict as clients seeking asylum in the UK.”

Full story

Garden Court Chambers Blog,

Source: www.gclaw.wordpress.com