Press regulation: government’s plan for a new watchdog delayed until autumn – The Guardian

Posted July 12th, 2013 in charters, media, news, parliament, Privy Council by tracey

“The government’s plan for a new press regulator has been officially put back to the autumn after a privy council meeting on Wednesday referred the matter to a new committee.”

Full story

The Guardian, 12th July 2013

Source: www.guardian.co.uk

Bigamist avoids jail over £900,000 inheritance tax fraud – Daily Telegraph

“Ayse Akgun was convicted for trying to make a fraudulent claim on her second husband’s £2.6 million estate when he died.”

Full story

Daily Telegraph, 12th July 2013

Source: www.telegraph.co.uk

Kieran Raiswell death: ‘Sniggering’ killer jailed – BBC News

Posted July 12th, 2013 in diminished responsibility, mental health, murder, news, sentencing by tracey

“A man who stabbed a Manchester teenager to death in a random attack in the street ‘to see what it’s like to kill someone’ has been jailed for murder.”

Full story

The Guardian, 12th July 2013

Source: www.guardian.co.uk

Hillsborough: watchdog believes 55 more police statements were altered – The Guardian

Posted July 12th, 2013 in complaints, news, police, sport by tracey

“The police watchdog has identified a further 55 police statements that it believes were amended in the aftermath of the Hillsborough disaster, it has emerged.”

Full story

The Guardian, 12th July 2013

Source: www.guardian.co.uk

Litvinenko public inquiry blocked by government – BBC News

Posted July 12th, 2013 in coroners, inquiries, murder, news, poisoning, spying by tracey

“The government has refused a request to hold a public inquiry into the death of ex-KGB spy Alexander Litvinenko, the coroner has announced.”

Full story

BBC News, 12th July 2013

Source: www.bbc.co.uk

Dave McLuckie jailed for dodging speeding points – BBC News

“A former police authority boss who persuaded a friend to accept his
speeding points to protect his career has been jailed for eight months.”

Full story

BBC News, 12th July 2013

Source: www.bbc.co.uk

Fresh concern raised over Taser safety after seventh death in 10 years – The Independent

Posted July 12th, 2013 in complaints, death in custody, firearms, news, police by tracey

“Fresh concerns have been raised over the safety of Tasers following the death of an ice cream man who was stunned while being restrained by police.”

Full story

The Independent, 11th July 2013

Source: www.independent.co.uk

Adesina v Nursing and Midwifery Council; Baines v Same – WLR Daily

Posted July 12th, 2013 in appeals, disciplinary procedures, law reports, nurses, time limits by tracey

Adesina v Nursing and Midwifery Council; Baines v Same: [2013] EWCA Civ 818;   [2013] WLR (D)  273

“The time limit of 28 days to lodge an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was subject to a discretion which would only arise in exceptional circumstances and where the appellant personally had done all she could to bring the appeal in time.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Regina (Sturnham) v Parole Board and another (No 2) – WLR Daily

Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47;   [2013] WLR (D)  274

“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Regina (AA) v Secretary of State for the Home Department – WLR Daily

Posted July 12th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by tracey

Regina (AA) v Secretary of State for the Home Department: [2013] UKSC 49;   [2013] WLR (D)  272

“The Home Secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by tracey

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816;   [2013] WLR (D)  271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Black and another v Wilkinson – WLR Daily

Posted July 12th, 2013 in appeals, hotels, law reports, sexual orientation discrimination by tracey

Black and another v Wilkinson: [2013] EWCA Civ 820;   [2013] WLR (D)  270

“The defendant, who ran a bed and breakfast business from her home, unlawfully discriminated against the claimant homosexual partners by refusing, on the basis of her religious beliefs, to provide them with the double bedroom one of them had booked, contrary to the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Belgian Electronic Sorting Technology NV v Peelaers and another – WLR Daily

Posted July 12th, 2013 in advertising, consumer protection, domain names, EC law, law reports by tracey

Belgian Electronic Sorting Technology NV v Peelaers and another: (Case C-657/11);   [2013] WLR (D)  275

“Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended, meant that the term ‘advertising’ covered the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, was not encompassed by that term.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 12th, 2013 in legislation by tracey

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 9) Order 2013

The Wirral Community National Health Service Trust (Establishment) Amendment Order 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted July 12th, 2013 in parliamentary papers by tracey

Government response to the Brown review of the rail franchising programme,
Cm 8678 (PDF)

Source: www.official-documents.gov.uk

Court of Appeal allows new grounds of challenge to planning decisions beyond six week limit – Local Government Lawyer

Posted July 12th, 2013 in appeals, news, planning, time limits by tracey

“Challengers to planning permissions can substitute entirely new grounds of challenge beyond the end of the strict six week limit for bringing a claim, the Court of Appeal has ruled.”

Full story

Local Government Lawyer, 10th July 2013

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted July 12th, 2013 in law reports by sally

High Court (Chancery Division)

In the matter of Property Professionals & Ltd [2013] EWHC 1903 (Ch) (08 July 2013)

Jeffery & Anor v Jeffery [2013] EWHC 1942 (Ch) (10 July 2013)

Evegate Publishing Ltd v Newsquest Media (Southern) Ltd [2013] EWHC 1975 (Ch) (10 July 2013)

Smithton Ltd v Naggar [2013] EWHC 1961 (Ch) (11 July 2013)

Mukerjee (Née Sen) & Anor v Sen & Ors [2013] EWHC 1997 (Ch) (11 July 2013)

Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)

High Court (Queen’s Bench)

Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)

Thompson v Starr & Ors [2013] EWHC 1972 (QB) (10 July 2013)

Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

High Court (Administrative Court)

McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)

Adler v Crown Prosecution Service [2013] EWHC 1968 (Admin) (09 July 2013)

Evans, R (on the application of) v HM Attorney General & Anor [2013] EWHC 1960 (Admin) (09 July 2013)

Massey, R (On the Application Of) v Secretary of State for Justice [2013] EWHC 1950 (Admin) (10 July 2013)

United Kingdom Assocation of Fish Producer Organisations v Secretary of State for Environment, Food And Rural Affairs [2013] EWHC 1959 (Admin) (10 July 2013)

Aston & Anor vThe Secretary of State for Communities And Local Government & Ors [2013] EWHC 1936 (Admin) (10 July 2013)

A, R (On the Application Of) v Cardiff County Council And Others [2011] EWHC 1216 (Admin) (07 March 2011)

Alami & Anor v Health and Care Professions Council & Anor [2013] EWHC 1895 (Admin) (10 July 2013)

The Church Commissioners for England v Hampshire County Council & Anor [2013] EWHC 1933 (Admin) (10 July 2013)

Government of the United States of America v Wood [2013] EWHC 1971 (Admin) (10 July 2013)

Miller v General Medical Council [2013] EWHC 1934 (Admin) (10 July 2013)

High Court (Family Division)

HB v PB [2013] EWHC 1956 (Fam) (09 July 2013)

High Court (Commercial Court)

NRE Coke Ltd & Anor v Coeclerici Asia (PTE) Ltd [2013] EWHC 1987 (Comm) (10 July 2013)

High Court (Patents Court)

Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2013] EWHC 1958 (Pat) (09 July 2013)

Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013)

Source: www.bailii.org

Sea fishing, quotas and A1P1: “no-one owns the sea” – UK Human Rights Blog

Posted July 12th, 2013 in EC law, fisheries, human rights, news, quotas by tracey

“The UK Association of Fish Producer Organisations v. Secretary of State for Environment, Food and Rural Affairs, Cranston J, 10 July 2013. Interesting alignment of parties in this challenge to Defra’s new system of allocating fish quota brought by an industry body (UKAFPO), in practice representing the larger fishing fleet – vessels over 10 metres in length – Defra was supported by Greenpeace (how often does that happen?), and by the New Under Ten Fishermen’s Association. And this was because Defra had transferred some fishing quota from the larger to the smaller fishing fleet, namely those under 10 metres in length who fish inshore waters.”

Full story

UK Human Rights Blog, 11th July 2013

Source: www.ukhumanrightsblog.com

Confidential pre-termination negotiations to come into force on 29 July – OUT-LAW.com

Posted July 12th, 2013 in agreements, employment, news, unfair dismissal by tracey

“Changes to the law that will allow employers to carry out certain negotiations
with employees in relation to termination without those conversations being
admissible in a future unfair dismissal claim will come into force on 29
July.”

Full story

OUT-LAW.com, 11th July 2013

Source: www.out-law.com

 

Judicial review of FTT in UT: what costs rule applies? – Education Law Blog

“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”

Full story

Education Law Blog, 9th July 2013

Source: www.education11kbw.com