Stephen Lawrence barrister to become director of public prosecutions – The Guardian

Posted July 23rd, 2013 in barristers, Crown Prosecution Service, news by tracey

“Alison Saunders will become only second female DPP when she replaces Keir Starmer later this year.”

Full story

The Guardian, 23rd July 2013

Source: www.guardian.co.uk

Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily

Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291

“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”

WLR Daily 18th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 23rd, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Arnold v Britton & Ors [2013] EWCA Civ 902 (22 July 2013)

The Government Actuary’s Department, R (on the application of) v The Pensions Ombudsman [2013] EWCA Civ 901 (22 July 2013)

Fairstar Heavy Transport NV v Adkins & Anor [2013] EWCA Civ 886 (19 July 2013)

Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)

Court of Appeal (Criminal Division)

Bestel & Ors v R [2013] EWCA Crim 1305 (19 July 2013)

High Court (Administrative Court)

Attfield, R (on the application of) v London Borough of Barnet [2013] EWHC 2089 (Admin) (22 July 2013)

Extreme Oyster & Anor v Guildford Borough Council [2013] EWHC 2174 (Admin) (22 July 2013)

Webb v Solicitors Regulation Authority [2013] EWHC 2078 (Admin) (19 July 2013)

Shinwari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2148 (Admin) (19 July 2013)

UK Coal Mining Ltd v Secretary of State for Communities and Local Government & Ors [2013] EWHC 2142 (Admin) (19 July 2013)

Newark & Sherwood District Council & Anor v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2162 (Admin) (19 July 2013)

High Court (Chancery Division)

Ghassemian v Tigris Industries Inc [2013] EWHC 2170 (Ch) (22 July 2013)

Masters v Barclays Bank Plc [2013] EWHC 2166 (Ch) (19 July 2013)

High Court (Commercial Court)

Sea Glory Maritime Co & Anor v Al Sagr National Insurance Co & Anor [2013] EWHC 2116 (Comm) (17 July 2013)

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)

High Court (Queen’s Bench Division)

Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)

AP (UK) Ltd v West Midland Fire & Civil Defence Authority [2013] EWHC 385 (QB) (22 July 2013)

Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)

High Court (Technology and Construction Court)

Corelogic Ltd v Bristol City Council [2013] EWHC 2088 (TCC) (18 July 2013)

Source: www.bailii.org

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening): Regina (West London Vocational Training College) v Same: [2013] UKSC 51;   [2013] WLR (D)  294

“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily

Posted July 23rd, 2013 in advertising, consumer protection, EC law, food, law reports by tracey

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát: (Case C-299/12) ;  [2013] WLR (D)  292

“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily

Posted July 23rd, 2013 in human rights, judicial review, law reports, remuneration, Sark, trials by tracey

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)

“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily

Posted July 23rd, 2013 in appeals, confiscation, law reports, sentencing, time limits by tracey

Regina v Bestel;  Regina v Raza;  Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296

“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”

WLR Daily, 19th July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 23rd, 2013 in legislation by tracey

The Annual Tax on Enveloped Dwellings (Returns) Regulations 2013

The Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2013

The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2013

The Adoption (Recognition of Overseas Adoptions) Order 2013

The Access to the Countryside (Maps) (England) Regulations 2013

The Tower Hamlets (Electoral Changes) Order 2013

The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) (Amendment) Order 2013

The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2013

The Life Insurance Qualifying Policies (Statement and Reporting Requirements) Regulations 2013

The Gaming Duty (Amendment) Regulations 2013

The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2013

The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2013

The Temporary Non-Residence (Miscellaneous Amendments) Regulations 2013

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2013

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Command papers – official-documents.gov.uk

Posted July 23rd, 2013 in parliamentary papers by tracey

Treaty between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the United States of America concerning defense trade cooperation: London and Washington, 21 June and 26 June 2007, Cm 8684 (PDF)

Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the government of Japan concerning the transfer of arms and military technologies necessary to implement joint research, development and production of defence equipment and other related items: London, 4 July 2013, Cm 8687 (PDF)

Source: www.official-documents.gov.uk

Part 36 to the fore in this month’s costs cases round-up – Litigation Futures

Posted July 23rd, 2013 in costs, news, part 36 offers by tracey

“Our monthly summary of key costs-related court decisions.”

Full story

Litigation Futures, 19th July 2013

Source: www.litigationfutures.com

Insanity and Automatism – Law Commission

Posted July 23rd, 2013 in automatism, defences, insanity, Law Commission, reports by tracey

“We have published a discussion paper examining the rules governing the defences of insanity and automatism.”

Full paper

Law Commission, 23rd July 2013

Source: www.justice.gov.uk/lawcommission

The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace – Judiciary of England and Wales

Posted July 23rd, 2013 in judiciary, magistrates, press releases by tracey

“The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace.”

Full directions

Judiciary of England and Wales, 18th July 2013

Source: www.judiciary.gov.uk

Putting a ring on it, Constitutional Carnage and Court Transparency – The Human Rights Roundup – UK Human Rights Blog

Posted July 23rd, 2013 in constitutional law, courts, human rights, marriage, news by tracey

“This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Mike Gordon: Prince Charles’ Correspondence Back in Court – Reflections on R. (Evans) v. Attorney General – UK Constitutional Law Group

“The Administrative Court is the latest body to become involved in the on-going saga related to disclosure of the Prince of Wales’ correspondence with government departments. In the recent case of R. (Evans) v. Attorney General [2013] EWHC 1960 (Admin), the Guardian journalist Rob Evans challenged the legality of the government’s decision to veto disclosure of the relevant correspondence between Prince Charles and a range of government ministers. Disclosure of most of this material had been ordered under the Freedom of Information Act 2000 (FOIA) by the Upper Tribunal, allowing an appeal from Evans against the earlier decision of the Information Commissioner that the correspondence sought could be withheld.”

Full story

UK Constitutional Law Group, 22nd July 2013

Source: www.ukconstitutionallaw.org

Supreme Court to rule on pension scheme insolvency ranking next week – OUT-LAW.com

Posted July 23rd, 2013 in insolvency, news, pensions, Supreme Court by tracey

“The UK’s highest court will rule on whether an insolvent company’s pension schemes can take priority over other company debts on Wednesday, according to its website.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com

High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com

Posted July 23rd, 2013 in housing, local government, ministers' powers and duties, news, planning by tracey

“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com

Alan Turing: the stain should not be erased – Head of Legal

Posted July 23rd, 2013 in bills, homosexuality, news, pardons by tracey

“The government has said it will support Lord Sharkey’s bill aimed at giving a posthumous statutory pardon to Alan Turing for an offence under section 11 of the Criminal Law Amendment Act 1885. I need say nothing about Turing’s achievements and greatness, which are beyond dispute. He was treated with disgraceful cruelty and ingratitude by this country, and in particular by its law and criminal justice system, when he was convicted and sentenced for that offence, after which he took his own life. But I’m opposed to this bill and this pardon.”

Full story

Head of Legal, 22nd July 2013

Source: www.headoflegal.com

Beware the overriding objective! – New Law Journal

Posted July 23rd, 2013 in budgets, civil procedure rules, costs, news, proportionality by tracey

“Dominic Regan calls attention to the revised CPR 1.”

Full story

New Law Journal, 22nd July 2013

Source: www.newlawjournal.co.uk

Healthcheck detects public unease at bar regulator ‘bias’ – Law Society’s Gazette

Posted July 23rd, 2013 in barristers, complaints, news, reports by tracey

“Complainants to the Bar Standards Board have accused the regulator of bias in favour of barristers as dissatisfaction grows about transparency and openness. The BSB’s yearly healthcheck survey found increasing public unease about its complaints process, despite the number of complaints falling in the past year.”

Full story

Law Society’s Gazette, 23rd July 2013

Source: www.lawgazette.co.uk

Leylandii row: man wins appeal after spraying hedge-cutting neighbour with hosepipe – Daily Telegraph

Posted July 23rd, 2013 in appeals, assault, compensation, costs, fines, news, water by tracey

“A man who sprayed water in the face of his neighbour as she trimmed a Leylandii hedge has had a conviction of battery overturned on appeal after a judge ruled it was an accident.”

Full story

Daily Telegraph, 22nd July 2013

Source: www.telegraph.co.uk