“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”
Home Office, 16th May 2013
Source: www.gov.uk/home-office
“Last month saw the launch of the judicial review of the ‘Taser Roll-out Programme’. The landmark challenge comes after the Metropolitan Police Service and the Mayor’s Office for Policing and Crime (MOPAC) began the roll-out of Tasers across all 32 boroughs of London without holding a public consultation or providing the public with information about the Programme. Forty officers in each borough will be trained to use the Taser; eight officers per shift and two Emergency Response Teams will have Tasers with them at any one time. The judicial review also raises the issue that there was a legitimate expectation that the ‘Taser Policy’ across London would remain in force and that there is an arguable breach of art.2 and 3 of the European Convention of Human Rights in continuing with the implementation of the Programme.”
Criminal Law and Justice Weekly, 18th May 2013
Source: www.criminallawandjustice.co.uk
Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182
“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181
“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”
WLR Daily, 16th May 2013
Source: www.iclr.co.uk
Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180
“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”
WLR Daily, 15th May 2013
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Willock & Ors v Corus UK Ltd [2013] EWCA Civ 519 (17 May 2013)
Birmingham City Council v James & Anor [2013] EWCA Civ 552 (17 May 2013)
Joyce v O’Brien & Anor [2013] EWCA Civ 546 (17 May 2013)
A (a child), Re (a child) [2013] EWCA Civ 543 (16 May 2013)
High Court (Family Division)
MR (A Child) [2013] EWHC 1156 (Fam) (07 May 2013)
High Court (Administrative Court)
UK Uncut Legal Action Ltd v Revenue and Customs [2013] EWHC 1283 (Admin) (16 May 2013)
Source: www.bailii.org
“Businesses must be more transparent about the way they collect information about consumers in order to offer personalised prices for goods and services online, the Office of Fair Trading (OFT) has said.”
OUT-LAW.com, 20th May 2013
Source: www.out-law.com
“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”
The Independent, 17th May 2013
Source: www.independent.co.uk
“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”
OUT-LAW.com, May 2013
Source: www.out-law.com
“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”
Sports Law Bulletin from Blackstone Chambers, 20th May 2013
Source: www.sportslawbulletin.org
“The Ministry of Justice has confirmed that projected savings of £150m in fee cuts will not, as was expected, count towards required cuts of £220m a year – taking cuts in criminal legal aid to £370m.”
Law Society’s Gazette, 17th May 2013
Source: www.lawgazette.co.uk
“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”
The Guardian, 19th May 2013
Source: www.guardian.co.uk
“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”
OUT-LAW.com, 17th May 2013
Source: www.out-law.com
“The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU.”
Ministry of Justice, 16th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”
NearlyLegal, 19th May 2013
Source: www.nearlylegal.co.uk
“Immigration has proved a toxic issue for recent Home Office ministers. In 2004 home secretary David Blunkett resigned following revelations that a visa application had been fast-tracked. Immigration minister Beverley Hughes resigned after admitting she ‘unwittingly’ misled people about a suspected visa ‘scam’. Charles Clarke resigned as home secretary in 2006 after intense pressure over the release of foreign prisoners who could have been deported at the end of their custodial term.”
Law Society’s Gazette, 20th May 2013
Source: www.lawgazette.co.uk
“A mother jailed for 17 years for killing her six children in a house fire is to appeal against the length of her sentence, her lawyers have said.”
The Guardian, 19th May 2013
Source: www.guardian.co.uk
“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”
BBC News, 17th May 2013
Source: www.bbc.co.uk
“I blogged a while ago about the ex tempore judgment from the Court of Appeal in a potentially groundbreaking case on damages under section 13 of the DPA, namely Halliday v Creation Consumer Finance [2013] EWCA Civ 333. The point of potential importance was that ‘nominal damages’ appeared to suffice for the purposes of section 13(1), thereby opening up section 13(2). In short, the point is that claimants under the DPA cannot be compensated for distress unless they have also suffered financial harm. A ‘nominal damages’ approach to the concept of financial harm threatened to make the DPA’s compensation regime dramatically more claimant-friendly.”
Panopticon, 17th May 2013
Source: www.panopticonblog.com
“New laws to curb anti-social behaviour could be used by councils to interfere with law abiding citizens, a think tank has warned.”
Daily Telegraph, 19th May 2013
Source: www.telegraph.co.uk
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