Marine Navigation Act 2013 –

Posted April 26th, 2013 in legislation, shipping law by tracey

Full text of Act


Defamation Act 2013 –

Posted April 26th, 2013 in defamation, legislation by tracey

Full text of Act


BAILII: Recent Decisions

Posted April 26th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] EWCA Civ 428 (25 April 2013)

McGuire v Rose & Ors [2013] EWCA Civ 429 (25 April 2013)

Walsh v Shanahan & Ors [2013] EWCA Civ 411 (25 April 2013)

Johnson & Ors v Old [2013] EWCA Civ 415 (23 April 2013)

High Court (Administrative Court)

Baker, R (on the application of) v Bath and North East Somerset Council [2013] EWHC 946 (Admin) (25 April 2013)

HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 982 (Admin) (25 April 2013)

High Court (Commercial Court)

Arbuthnot Latham & Co Ltd v M3 Marine Ltd & Anor [2013] EWHC 1019 (Comm) (25 April 2013)

Deutsche Bank (Suisse) SA v Khan & Ors [2013] EWHC 1020 (Comm) (25 April 2013)

High Court (Family Division)

Y and Z (Children), Re [2013] EWHC 953 (Fam) (25 April 2013)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2013] EWHC 980 (QB) (25 April 2013)

McAlpine v Bercow [2013] EWHC 981 (QB) (25 April 2013)


Recent Statutory Instruments –

Posted April 26th, 2013 in legislation by tracey

The Community Infrastructure Levy (Amendment) Regulations 2013

The Electoral Registration and Administration Act 2013 (Commencement No. 3) Order 2013

The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2013


Regina v JFJ – WLR Daily

Posted April 26th, 2013 in appeals, assault, double jeopardy, law reports by tracey

Regina v JFJ: [2013] EWCA Crim 569;   [2013] WLR (D)  149

“A plea of autrefois acquit or convict was to be narrowly confined to cases where the offences were the same in fact or law. In any case where the narrow application of that principle would result in unfairness or injustice to a defendant, amounting to oppression, the remedy lay in the power of the court to stay the proceedings.”

WLR Daily, 24th April 2013


Dowland v Architects Registration Board – WLR Daily

Posted April 26th, 2013 in bankruptcy, disqualification, law reports, professional conduct by tracey

Dowland v Architects Registration Board: [2013] EWHC 893 (Admin);   [2013] WLR (D)  148

“The Architects Registration Board was not limited to questions of competence when considering whether to reinstate a person to the Register of Architects.”

WLR Daily, 19th April 29013


Command papers –

Posted April 26th, 2013 in parliamentary papers by tracey

Government response to the pre-legislative scrutiny report by the Draft Local Audit Bill Ad Hoc Committee, Cm 8566 (PDF)

Government response to the Justice Committee’s sixth report of session 2012-13: interpreting and translation services and the Applied Language Solutions contract, Cm 8600 (PDF)

Third Annual Report to Parliament on the Application of Protocols 19 and 21 to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) (‘the Treaties’) in Relation to EU Justice and Home Affairs (JHA) matters (1 December 2011 – 30 November 2012) Cm 8541, PDF


Defamation Act reforms libel law – Ministry of Justice

Posted April 26th, 2013 in bills, defamation, freedom of expression, legislation, press releases by tracey

“Large scale reforms to the law governing cases of defamation have today become law as the Defamation Bill gains Royal Assent.”

Full press release

Ministry of Justice, 25th April 2013


Greater protection for homeowners – Ministry of Justice

Posted April 26th, 2013 in burglary, press releases, proportionality, self-defence by tracey

“Householders now have even greater protection from burglars as changes to the law on self defence have come into effect.”

Full press release

Ministry of Justice, 25th April 2013


Commonwealth Law Conference: Equality before the law – Speech by Lord Judge

Posted April 26th, 2013 in equality, news, rule of law, speeches by tracey

“Commonwealth Law Conference: Equality before the law – Speech by Lord Judge, Lord Chief Justice of England and Wales, 18th April 2013.”

Full speech

Judiciary of England and Wales, 24th April 2013


Whether a property is a ‘flat’ depends on actual use, says county court –

Posted April 26th, 2013 in housing, news by tracey

“Whether a property can be considered as a residential ‘flat’ for the purposes of
property litigation will depend on how it is actually used, a county court has

Full story, 24th April 2013


Judicial Review reform: What does “totally without merit” mean? – Paul Bowen QC – UK Human Rights Blog

Posted April 26th, 2013 in civil procedure rules, judicial review, news, vexatious litigants by tracey

“What is the test the Court should apply in deciding whether an application is ‘totally without merit’? The question is prompted by the Lord Chancellor’s announcement on 23 April 2013 that he will press ahead with plans to reform judicial review procedure to target ‘weak, frivolous and unmeritorious cases’. A key change will be to give judges of the Administrative Court, when refusing permission to apply for judicial review on the papers, the power to certify a claim as ‘totally without merit’ (TWM), thus depriving the claimant of the right to renew the application before the court at an oral hearing.”

Full story

UK Human Rights Blog, 25th April 2013


The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog

Posted April 26th, 2013 in appeals, housing, landlord & tenant, local government, mental health, news, trees by tracey

“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”

Full story

UK Human Rights Blog, 25th April 2013


Jeff King: Deference, Dialogue and Animal Defenders International – UK Constitutional Law Group

“In Animal Defenders International, the European Court of Human Rights upheld the British ban on political advertising in the broadcast media (s.321 Communications Act 2003), consistently with the judgments of the UK House of Lords and High Court, but in an apparent departure from its previous caselaw in the VgT (Verein gegen Tierfabrik v. Switzerland, no. 24699/94 ECHR 2001‑VI) case. The key issue in the case was whether a blanket ban (or ‘general measure’) was a proportionate restriction of the freedom of expression, or whether some class of exception (a ‘case-by-case’ approach) for groups such as the NGO in this case ought to be recognized.”

Full story

UK Constitutional Law Group, 25th April 2013



Health and safety automatic civil liability to end as House of Lords accepts Government’s plans –

Posted April 26th, 2013 in bills, health & safety, news, parliament, strict liability by tracey

“The House of Lords has approved Government plans to prevent companies from being
automatically liable for some workplace injuries after a second vote on the

Full story, 24th April 2013


Employee shareholders approved after House of Lords accepts final concessions –

Posted April 26th, 2013 in bills, contract of employment, employment, news, shareholders by tracey

“‘Employee shareholder’ proposals are set to become law after the House of Lords
accepted further concessions which will see individuals required to obtain
advice from a ‘relevant independent advisor’ before entering into a contract.”

Full story, 25th April 2013


A Further Deposit From the Court of Appeal – NearlyLegal

Posted April 26th, 2013 in appeals, deposits, landlord & tenant, news, rent by tracey

“The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent payable in advance.”

Full story

NearlyLegal, 23rd April 2013


Theresa May’s treaty with Jordan: this is the game-changer she needs – Head of Legal

Posted April 26th, 2013 in deportation, evidence, news, torture, treaties by tracey

“A day after the Court of Appeal refused her permission to appeal to the Supreme Court in the Abu Qatada case, Theresa May’s announcement today of a mutual legal assistance treaty with Jordan seems finally to turn the case in her favour.”

Full story

Head of Legal, 24th April 2013


Why consensual sex may still be rape – Halsbury’s Law Exchange

Posted April 26th, 2013 in consent, judicial review, news, prosecutions, rape by tracey

“The BBC has reported today that the law on consent has been further defined by the Lord Chief Justice. The article reads: ‘A woman who agreed to sex might still be the victim of rape, the High Court has ruled. The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the woman’s demand that he not ejaculate.’ ”

Full story

Halsbury’s Law Exchange, 25th April 2013


Natalie Jarvis murder: Boyfriend Adam Whelehan jailed for life – BBC News

Posted April 26th, 2013 in murder, news, sentencing by tracey

“A man who stabbed his girlfriend 19 times in the neck in order to end their
relationship has been sentenced to life in prison.”

Full story

BBC News, 25th April 2013