Month: April 2013
BAILII: Recent Decisions
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)
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)
Source: www.bailii.org.uk
Regina v JFJ – WLR Daily
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
Source: www.iclr.co.uk
Dowland v Architects Registration Board – WLR Daily
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
Source: www.iclr.co.uk
Defamation Act reforms libel law – Ministry of Justice
“Large scale reforms to the law governing cases of defamation have today become law as the Defamation Bill gains Royal Assent.”
Ministry of Justice, 25th April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Greater protection for homeowners – Ministry of Justice
“Householders now have even greater protection from burglars as changes to the law on self defence have come into effect.”
Ministry of Justice, 25th April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Commonwealth Law Conference: Equality before the law – Speech by Lord Judge
“Commonwealth Law Conference: Equality before the law – Speech by Lord Judge, Lord Chief Justice of England and Wales, 18th April 2013.”
Judiciary of England and Wales, 24th April 2013
Source: www.judiciary.gov.uk
Whether a property is a ‘flat’ depends on actual use, says county court – OUT-LAW.com
“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
ruled.”
OUT-LAW.com, 24th April 2013
Source: www.out-law.com
Judicial Review reform: What does “totally without merit” mean? – Paul Bowen QC – UK Human Rights Blog
“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.”
UK Human Rights Blog, 25th April 2013
Surce: www.ukhumanrightsblog.com
The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog
“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”
UK Human Rights Blog, 25th April 2013
Source: www.ukhumanrightsblog.com
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.”
UK Constitutional Law Group, 25th April 2013
Source: www.ukconstitutionallaw.org/blog
Health and safety automatic civil liability to end as House of Lords accepts Government’s plans – OUT-LAW.com
“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
issue.”
OUT-LAW.com, 24th April 2013
Soure: www.out-law.com
Employee shareholders approved after House of Lords accepts final concessions – OUT-LAW.com
“‘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.”
OUT-LAW.com, 25th April 2013
Source: www.out-law.com
A Further Deposit From the Court of Appeal – NearlyLegal
“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.”
NearlyLegal, 23rd April 2013
Source: www.nearlylegal.co.uk/blog/
Theresa May’s treaty with Jordan: this is the game-changer she needs – Head of Legal
“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.”
Head of Legal, 24th April 2013
Source: www.headoflegal.com
Natalie Jarvis murder: Boyfriend Adam Whelehan jailed for life – BBC News
“A man who stabbed his girlfriend 19 times in the neck in order to end their
relationship has been sentenced to life in prison.”
BBC News, 25th April 2013
Source: www.bbc.co.uk
