Daily Mail to pay £125,000 libel damages over TV psychic ‘scam’ claim – The Guardian

Posted June 20th, 2013 in damages, defamation, media, news, psychics by sally

“The Daily Mail has apologised and agreed to pay £125,000 in libel damages to a TV psychic it falsely accused of using a hidden earpiece to scam a theatre audience.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 20th, 2013 in law reports by sally

Supreme Court

Cusack v London Borough of Harrow [2013] UKSC 40 (19 June 2013)

Smith & Ors v The Ministry of Defence [2013] UKSC 41 (19 June 2013)

Bank Mellat v Her Majesty’s Treasury (No. 1) [2013] UKSC 38 (19 June 2013)

Bank Mellat v Her Majesty’s Treasury (No. 2) [2013] UKSC 39 (19 June 2013)

Court of Appeal (Civil Division)

Walsh v Shanahan & Ors [2013] EWCA Civ 675 (19 June 2013)

Cravecrest Ltd. v Second Duke of Westminster, Trustees of the Will of & Anor [2013] EWCA Civ 731 (19 June 2013)

Antonio Gramsci Shipping Corporation & Ors v Lembergs [2013] EWCA Civ 730 (19 June 2013)

Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 1960 (19 June 2013)

High Court (Queen’s Bench Division)

The Northampton Regional Livestock Centre Company Ltd v Cowling & Anor [2013] EWHC 1720 (QB) (19 June 2013)

Loughlin v Singh & Ors [2013] EWHC 1641 (QB) (19 June 2013)

High Court (Chancery Division)

McNally, In the matter of the Insolvency Act 1986 [2013] EWHC 1685 (Ch) (17 June 2013)

High Court (Administrative Court)

Duffy, R (on the application of) v HM Deputy Coroner for the County of Worcestershire & Anor [2013] EWHC 1654 (Admin) (19 June 2013)

High Court (Commercial Court)

British Airways Plc & Anor v Sindicato Espanol De Pilotos De Lineas Aereas & Anor [2013] EWHC 1657 (Comm) (20 June 2013)

Telfer v Sakellarios [2013] EWHC 1556 (Comm) (19 June 2013)

Source: www.bailii.org

Tenant was able to remove items it had installed in property, High Court rules – OUT-LAW.com

Posted June 20th, 2013 in energy, landlord & tenant, news by sally

“A recent High Court decision in which a tenant was entitled to remove large items it had installed on rented premises will provide comfort to developers in the energy and minerals sectors, an expert has said.”

Full story

OUT-LAW.com, 20th June 2013

Source: www.out-law.com

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

UK government proposes “streamlining” regulatory and competition appeals – Competition Bulletin from Blackstone Chambers

Posted June 20th, 2013 in appeals, competition, consultations, courts, news, tribunals by sally

“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”

Full story

Competition Bulletin from Blackstone Chambers, 20th June 2013

Source: www.competitionbulletin.com

More help for families of missing people – Ministry of Justice

Posted June 20th, 2013 in families, guardianship, missing persons, news, press releases by sally

“Families will be given extra help to cope when a loved one goes missing under new plans announced by Justice Minister Helen Grant.”

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Ministry of Justice, 20th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Is Stuart Hall’s Sentence Too Low? – Criminal Law and Justice Weekly

Posted June 20th, 2013 in news, sentencing, sexual offences by sally

“Lyndon Harris asks whether the case is really worth an Attorney-General’s reference.”

Full story

Criminal Law and Justice Weekly, 19th June 2013

Source: www.criminallawandjustice.co.uk

Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court

Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) – Supreme Court

Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) [2013] UKSC 41 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) – Supreme Court

Posted June 20th, 2013 in appeals, banking, closed material, evidence, law reports, Supreme Court, terrorism by sally

Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) UKSC 2011/0040 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily

Posted June 20th, 2013 in appeals, EC law, extradition, law reports, Privy Council, time limits, warrants by sally

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal [2013] UKPC 16; [2013] WLR (D) 241

“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Regina v N (Z) – WLR Daily

Posted June 20th, 2013 in appeals, attempts, crime, intimidation, law reports by sally

Regina v N (Z) [2013] EWCA Crim 989 ; [2013] WLR (D) 240

“For the offence of intimidation contrary to section 51(1) of the Criminal Justice and Public Order Act 1994 to be established, it had to be proved by the prosecution that the person whom the defendant intended to intimidate was in fact intimidated.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same – WLR Daily

Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same [2013] UKSC 41; [2013] WLR (D) 239

“Members of the United Kingdom’s armed forces serving in Iraq were within the jurisdiction of the United Kingdom for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Whether claims alleging breaches of the right to life protected by article 2 could be sustained would depend on the particular circumstances.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Derek Hodd Ltd v Climate Change Capital Ltd – WLR Daily

Posted June 20th, 2013 in contracts, interpretation, law reports by sally

Derek Hodd Ltd v Climate Change Capital Ltd [2013] EWHC 1665 (Ch); [2013] WLR (D) 238

“Where there had been a misnomer of a party to an agreement the court was able to take into account the same evidence of the background as would be admissible for the purpose of interpreting the contract, including any relevant course of dealing between the parties.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

‘Good lawyers save money’: Supreme Court President weighs in on Legal Aid – UK Human Rights Blog

Posted June 20th, 2013 in costs, judges, judicial review, judiciary, legal aid, legal profession, news, speeches by sally

“According to the President of the Supreme Court, the judiciary not only has a right but an obligation ‘to speak out on matters concerning the rule of law.’ In recent months, it is a duty from which Lord Neuberger has not shirked, and last night’s lecture to the Institute of Government was no exception. Its focus was the importance of legal aid, which Neuberger described through the prism of the UK’s constitutional set-up and the respective roles of the legislature, executive and judiciary within it.”

Full story

UK Human Rights Blog, 19th June 2013

Source: www.ukhumanrightsblog.com

Legal powers plan for families of missing people – BBC News

Posted June 20th, 2013 in consultations, families, guardianship, missing persons, news by sally

“The families of missing people will get more power to handle legal and money problems after the disappearance, under government proposals.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

SRA and Legal Services Board tussle over ABS application process – Legal Futures

“The Legal Services Board (LSB) has been critical of the length of the time the Solicitors Regulation Authority (SRA) has taken to approve alternative business structures (ABSs), it has emerged.”

Full story

Legal Futures, 20th June 2013

Source: www.legalfutures.co.uk

Supreme court MoD ruling ‘will have huge impact on military operations’ – The Guardian

“The supreme court ruling that the Ministry of Defence can be sued for negligence, that the scope of the Human Rights Act should be extended and the traditional doctrine of combat immunity should be interpreted narrowly, will have a huge impact on military commanders, senior officials made clear on Wednesday.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

DPP publishes final guidelines for prosecutions involving social media communications – Crown Prosecution Service

“The Director of Public Prosecutions, Keir Starmer QC, has today published final guidelines for prosecutors on the approach they should take in cases involving communications sent via social media.”

Full story

Crown Prosecution Service, 20th June 2013

Source: www.cps.gov.uk

Police cells holding more than 9,000 mentally ill people a year – The Guardian

Posted June 20th, 2013 in detention, health, mental health, news, prisons, reports by sally

“More than 9,000 mentally ill people a year are being detained in police custody despite official guidance that such powers should be used only in exceptional circumstances, watchdogs say.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk