BAILII: Recent Decisions

Posted July 31st, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Mateta & Ors, R v [2013] EWCA Crim 1372 (30 July 2013)

Court of Appeal (Civil Division)

Sud v London Borough of Ealing [2013] EWCA Civ 949 (30 July 2013)

MA (Somalia), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 966 (30 July 2013)

Sudarshan Chemical Industries Ltd v Clariant Produkte (Deutschland) GmbH [2013] EWCA Civ 919 (30 July 2013)

Riley v The Crown Prosecution Service [2013] EWCA Civ 951 (30 July 2013)

Flynn v Warrior Square Recoveries Ltd [2013] EWCA Civ 917 (30 July 2013)

Vernon Knight Associates v Cornwall Council [2013] EWCA Civ 950 (30 July 2013)

Harvey v Dunbar Assets Plc [2013] EWCA Civ 952 (30 July 2013)

G (A Child) [2013] EWCA Civ 965 (30 July 2013)

P (A Child) [2013] EWCA Civ 963 (30 July 2013)

Allen & Ors v Hampshire Constabulary [2013] EWCA Civ 967 (30 July 2013)

Redcar and Cleveland Borough Council v Others (Re B) [2013] EWCA Civ 964 (30 July 2013)

High Court (Queen’s Bench Division)

Beech v Timney & Anor [2013] EWHC 2345 (QB) (29 July 2013)

MA & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 2213 (QB) (30 July 2013)

Vava & Ors v Anglo American South Africa Ltd [2013] EWHC 2326 (QB) (30 July 2013)

Wembridge Claimants & Ors v Winter & Ors [2013] EWHC 2331 (QB) (30 July 2013)

High Court (Family Division)

Bedfordshire Police Constabulary v RU & Anor [2013] EWHC 2350 (Fam) (26 July 2013)

LA v ML & Ors [2013] EWHC 2063 (Fam) (12 July 2013)

High Court (Administrative Court)

Webb v Solicitors Regulation Authority [2013] EWHC 2225 (Admin) (29 July 2013)

BF v Secretary of State for the Home Department [2013] EWHC 2329 (Admin) (30 July 2013)

High Court (Technology and Construction Court)

Hackney Empire Ltd v Aviva Insurance UK Ltd [2013] EWHC 2212 (TCC) (30 July 2013)

Gilman v UPS Ltd & Anor [2013] EWHC 2341 (TCC) (30 July 2013)

High Court (Commercial Court)

Gard Marine & Energy Ltd v China National Chartering Co Ltd & Ors [2013] EWHC 2199 (Comm) (30 July 2013)

Source: www.bailii.org

Appeal court shies away from right to die issue – UK Human Rights Blog

Posted July 31st, 2013 in appeals, assisted suicide, euthanasia, human rights, medical ethics, news by sally

“The Court of Appeal has today unanimously dismissed appeals by Jane Nicklinson and Paul Lamb challenging the legal ban on voluntary euthanasia.”

Full story

UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Journey to the FCA, without leaving the office – Dyers Chambers

Posted July 31st, 2013 in banking, financial regulation, interest, news by sally

“Gurprit Mattu gives an overview of the newly formed FCA and the workings of the Enforcement and Financial Crime Division. During her time at the FSA/FCA she has been able to see the transition from the old to the new regulator at first hand.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

Full story

UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

“Jackson” and committal for contempt in matrimonial cases by David Partington – Sovereign Chambers

“It might be that the sanction of committal for contempt for ignoring orders of the court in respect of providing proper financial information in divorce proceedings may be more likely than before – partly in view of the new climate intended to be fostered by the ‘Jackson’ reforms.”

Full story

Sovereign Chambers, 22nd July 2013

Source: www.sovereignchambers.co.uk

Wasted costs against local authority in private law proceedings by James Hargan – Sovereign Chambers

“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”

Full story

Sovereign Chambers, 19th July 2013

Source: www.sovereignchambers.co.uk

Deferred Prosecution Agreements ‐ at one with atonement – Dyers Chambers

“With the Crime and Courts Act having received Royal Assent on 25 April 2013, Andrew Price looks at the genesis of Deferred Prosecution Agreements (DPAs) and what may lie in store for the future.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Are Imams Employees Of Mosques? – No. 5 Chambers

Posted July 31st, 2013 in clergy, employment, Islam, news by sally

“An Imam performs the duty of offering prayer for the congregation in mosques. Essentially mosques are a centre of community worship where Muslims perform ritual prayer and where historically they also gathered for political, social and cultural functions. The function of the mosque is summarised by the 13th Century jurist Ibn Taymiyah as a place of gathering where prayer was celebrated and where public affairs were conducted. Services connected to marriages or birth are not usually performed inside the mosque. The rites that are important and integral to the function of many churches such as confession, penitence and confirmation do not exist in mosques.”

Full story

No. 5 Chambers, 25th July 2013

Source: www.no5.com

Solicitors, giving independent advice, and exposure to claims for negligence incurred thereby – Sovereign Chambers

Posted July 31st, 2013 in duty of care, legal profession, negligence, news, solicitors, undue influence by sally

“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”

Full story

Sovereign Chambers, 30th July 2013

Source: www.sovereignchambers.co.uk

The Curious Case of Bank Mellat – Dyers Chambers

“On 19 June 2013, the Supreme Court gave judgment in the case of Bank Mellat v HM Treasury (No. 1) and (No. 2). Gavin Irwin reviews the latest developments in the deployment of sanctions against Iran and the tensions that can arise between international organisations, nation states and commercial entities.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Forced Marriage and Court of Protection – No. 5 Chambers

“In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation. This article explores the ‘typical’ forced marriage scenario, and how this compares to scenarios which crop up in the Court of Protection – where the mental capacity of the bride or groom is at the heart of the case. There is also an exploration of the case of [XCC v AA & Anor (Rev 3) [2012] EWHC 2183 (COP) (26 July 2012)] – a case in which Adreeja appeared in the first part of the litigation, and which merits close scrutiny.”

Full story

No. 5 Chambers, 29th July 2013

Source: www.no5.com

Marriage (Same Sex Couples) Act 2013 – Top Ten guide to the new act by Marisa Allman – Zenith Chambers

Posted July 31st, 2013 in civil partnerships, homosexuality, marriage, news by sally

“This is an Act to make provision for same sex couples in England and Wales and about gender change for married persons and civil partners. It does not;

– Change the law relating to marriage for couples of the opposite sex
– Abolish civil partnership or repeal the Civil Partnership Act 2004
– Extend civil partnership to couples of the opposite sex”

Full story

Zenith Chambers, 24th July 2013

Source: www.zenithchambers.co.uk

Local authorities and fracking – Hardwicke Chambers

Posted July 31st, 2013 in competition, compulsory purchase, energy, local government, news, trespass by sally

“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”

Full story

Hardwicke Chambers, 24th July 2013

Source: www.hardwicke.co.uk

LIBOR Update – who will be next? – Dyers Chambers

On 20th June 2013, Tom Hayes, a former trader with UBS, appeared before Westminster Magistrates Court charged with eight counts of fraud. He is the first individual to be prosecuted as a result of the SFO’s investigation into the LIBOR scandal. Peter Caldwell reviews the background to the investigation and examines the challenges that lie ahead for the Serious Fraud Office.

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

“All Money” Guarantees Mean What They Say – Littleton Chambers

Posted July 31st, 2013 in banking, contracts, guarantees, interpretation, news, vicarious liability by sally

“On 9 July I looked at a Court of Appeal decision which showed that it remained arguable that a change in the arrangements between a creditor and the principal debtor might so alter the subject matter of what was guaranteed as to discharge the guarantor. This week comes a timely reminder that the first and fundamental step is to construe the contract to see what obligations are covered by the guarantee.”

Full story

Littleton Chambers, 19th July 2013

Source: www.littletonchambers.com

Sentencing in Serious and Complex Frauds – Dyers Chambers

Posted July 31st, 2013 in banking, commercial agents, conspiracy, criminal justice, fraud, news, sentencing by sally

“Giles Bedloe, who acted as junior counsel in SFO v Williams reviews the recent statements of the Court of Appeal in Attorney General’s Reference Nos. 7 & 8 of 2012 and R v Levene [2013] EWCA 709.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Will the recast Cosmetics Regulation provide greater protection for consumers in relation to cosmetics and personal care products? – Doughty Street Chambers

Posted July 31st, 2013 in advertising, consumer protection, EC law, health & safety, news by sally

“Eloise Power writes about EC Cosmetics Regulation (Regulation EC No 1223/2009) and Commission Regulation (Regulation EU No 655/2013) now in force.”

Full story

Doughty Street Chambers, 24th July 2013

Source: www.doughtystreet.co.uk

The lawlessness of private rent lets us all down – Garden Court Chambers Blog

Posted July 31st, 2013 in bills, landlord & tenant, local government, news, rent by sally

“Liz Davies considers the ways in which landlords have benefited from the credit crisis and explores how tenants could be given increased security through five-year tenancies.”

Full story

Garden Court Chambers Blog, 30th July 2013

Source: www.gclaw.wordpress.com

Nortel / Lehman Supreme Court decision: guidance on insolvency expenses and provable claims – 11 Stone Buildings

Posted July 31st, 2013 in administrators, debts, expenses, insolvency, news, pensions by sally

“The Supreme Court ruled today that sums claimed under a Financial Support Direction of the Pensions
Regulator that is issued after a company’s entry to insolvency will rank as provable debts. It disagreed with both the High Court and a unanimous Court of Appeal, which had held that sums claimed under such a FSD were payable as insolvency expenses. The Supreme Court also rejected an argument that such a claim ranked below ordinary creditors as a non-provable liability.”

Full story (PDF)

11 Stone Buildings, 24th July 2013

Source: www.11sb.com

Piercing the Corporate Veil: Ramifications of the SC Decision in Prest v Petrodel Resources Limited – 11 KBW

Posted July 31st, 2013 in company law, divorce, financial provision, news, Supreme Court, trusts by sally

Presentation

11 KBW, 24th July 2013

Source: www.11kbw.com