Police lose A19 ‘forced retirement’ challenge – BBC News

Posted July 25th, 2013 in age discrimination, news, police, retirement, trade unions by tracey

“A regulation allowing police forces to forcibly retire officers after 30 years’
service is not unlawful, the High Court has ruled.”

Full story

BBC News, 25th July 2013

Source: www.bbc.co.uk

Prince Charles’s letters: judges allow appeal against block on publication – The Guardian

“High court judges give the Guardian right to challenge cabinet move to keep secret so-called ‘black spider memos.’ ”

Full story

The Guardian, 25th July 2013

Source: www.guardian.co.uk

Danny Nightingale avoids jail over possession of pistol and ammunition – The Guardian

“Ex-SAS sniper gets two-year suspended sentence for illegally possessing Glock 9mm and 300 rounds.”

Full story

The Guardian, 25th July 2013

Source: www.guardian.co.uk

 

BAILII: Recent Decisions

Posted July 25th, 2013 in law reports by tracey

Supreme Court

Nortel Companies & Ors, Re [2013] UKSC 52 (24 July 2013)

Modaresi, R (on the application of) v Secretary of State for Health [2013] UKSC 53 (24 July 2013)

Court of Appeal (Civil Division)

Great Elephant Corp v Trafigura Beheer BV & Ors [2013] EWCA Civ 905 (25 July 2013)

Lupofresh Ltd v Sapporo Breweries Ltd [2013] EWCA Civ 948 (25 July 2013)

Tulane Education Fund, Re [2013] EWCA Civ 890 (24 July 2013)

X, R (on the application of) v London Borough of Tower Hamlets [2013] EWCA Civ 904 (24 July 2013)

Dass v The College of Haringey, Enfield and North East London & Anor [2013] EWCA Civ 884 (24 July 2013)

HS2 Action Alliance Ltd & Ors v Secretary of State for Transport [2013] EWCA Civ 920 (24 July 2013)

Neumans LLP (A Firm) v Andronikou & Ors [2013] EWCA Civ 916 (24 July 2013)

Court of Appeal (Criminal Division)

Sale R. v [2013] EWCA Crim 1306 (25 July 2013)

IA & Ors, R. v [2013] EWCA Crim 1308 (25 July 2013)

High Court (Administrative Court)

Police Superintendents Association of England and Wales & Ors v The Chief Constable of Bedfordshire Police [2013] EWHC 2173 (Admin) (25 July 2013)

Save Britain’s Heritage, R (on the application of) v The Secretary of State for Communities and Local Government [2013] EWHC 2268 (Admin) (25 July 2013)

DD, R (on the application of) v Independent Appeal Panel of the London Borough of Islington & Anor [2013] EWHC 2262 (Admin) (25 July 2013)

TD, R (on the application of) v The Commissioner of Police for the Metropolis & Anor [2013] EWHC 2231 (Admin) (25 July 2013)

Mirza, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2207 (Admin) (24 July 2013)

Khan v The General Medical Council [2013] EWHC 2187 (Admin) (24 July 2013)

High Court (Chancery Division)

Boxing Brands Ltd v Sports Direct International Plc & Ors [2013] EWHC 2200 (Ch) (25 July 2013)

High Court (Commercial Court)

Marex Financial Ltd v Creative Finance Ltd & Anor [2013] EWHC 2155 (Comm) (25 July 2013)

Pagel & Anor v Farman [2013] EWHC 2210 (Comm) (24 July 2013)

High Court (Queen’s Bench Division)

Gary Flood v Times Newspapers Ltd [2013] EWHC 2182 (QB) (25 July 2013)

Vava & Ors v Anglo American South Africa Ltd [2013] EWHC 2131 (QB) (24 July 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 2227 (TCC) (24 July 2013)

Source: www.bailii.org

 

In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others – WLR Daily

Posted July 25th, 2013 in appeals, expenses, fees, insolvency, law firms, law reports, sport by tracey

In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others: [2013] EWCA Civ 916; [2013] WLR (D) 301

“Where solicitors had acted for a company in connection with its opposition to a winding up petition but had ceased to act for the company by the time the company went into out of court administration, the court had no power under the Insolvency Rules 1986 or under the inherent jurisdiction of the court to direct that fees which the company owed to the solicitors were an expense of the administration.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2) – WLR Daily

Posted July 25th, 2013 in expenses, insolvency, law reports, pensions by tracey

In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2): [2013] UKSC 52; [2013] WLR (D) 300

“A company’s liabilities arising from financial support directions or contribution notices issued by the Pensions Regulator under the Pensions Act 2004 after the company had gone into administration, which required the company to put in place financial support for an occupational pension scheme, did not rank as an expense of the administration under rule 2.67(1)(f) of the Insolvency Rules 1986. However, where by the date on which the company went into administration it had for the preceding two years been vulnerable to a liability under a pension scheme, that liability was an obligation which ranked in the administration as a provable debt of the company.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 25th, 2013 in legislation by tracey

The Coroners and Justice Act 2009 (Commencement No. 15, Consequential and Transitory Provisions) Order 2013

The Armed Forces (Retrial for Serious Offences) Order 2013

The Armed Forces (Court Martial) (Amendment) Rules 2013

Source: www.legislation.gov.uk

Command papers – official-documents.gov.uk

Posted July 25th, 2013 in parliamentary papers by tracey

Occupational chloracne: report by the Industrial Injuries Advisory Council in accordance with section 171 of the Social Security Administration Act 1992 considering prescription for occupational chloracne, Cm 8670 (PDF)

Government response to the House of Lords Select Committee on Public Service and Demographic Change report of session 2012-13: ‘Ready for ageing?’, Cm 8677 (PDF)

Source: www.official-documents.gov.uk

Council fails in Court of Appeal bid to overturn kinship carer fees ruling – Local Government Lawyer

Posted July 25th, 2013 in appeals, equality, families, fostering, local government, news by tracey

“A London borough has failed in a Court of Appeal bid to overturn a ruling that its policy of differential treatment of family foster carers and unrelated foster carers was unlawful.”

Full story

Local Government Lawyer, 25th July 2013

Spurce: www.localgovernmentlawyer.co.uk

Court of Appeal commends short rulings as way to cut “soaring costs of litigants” – Litigation Futures

Posted July 25th, 2013 in appeals, civil justice, costs, courts, judgments, news by tracey

“Short, old-style rulings that lay out the legal propositions relevant to the case and the conclusions reached by applying them should help reduce the cost litigation, the Court of Appeal has suggested.”

Full story

Litigation Futures, 25th July 2013

Source: www.litigationfutures.com

Barristers join the revolution after receiving green light to conduct litigation – Legal Futures

“Barristers will be allowed to conduct litigation and form associations with non-barristers after the Legal Services Board approved the new Bar Standards Board (BSB) code of conduct.”

Full story

Legal Futures, 25th July 2013

Source: www.legalfutures.co.uk

New BSB Handbook to give barristers more freedom and flexibility – Bar Standards Board

“Numerous practising restrictions will soon be lifted after the Legal Services Board approved the new Bar Standards Board (BSB) Code of Conduct for barristers. The revised Code will form part II of the new BSB ‘Handbook’, which brings together all the BSB’s regulations into one publication. The new publication will come into effect from January 2014.”

Full press release

Bar Standards Board, 24th July 2013

Source: www.barstandardsboard.org.uk

Nortel decision restores claims by the Pensions Regulator to position envisaged by Parliament, expert says – OUT-LAW.com

Posted July 25th, 2013 in debts, insolvency, news, pensions by tracey

“Claims by the Pensions Regulator in relation to an insolvent company’s pension scheme rank as provable debts alongside the claims of other unsecured creditors, the UK’s highest court has ruled.24 Jul 2013.”

Full story

OUT-LAW.com, 24th July 2013

Source: www.out-law.com

Competition Commission backs away from mandatory rotation in preliminary report on audit market – OUT-LAW.com

Posted July 25th, 2013 in auditors, competition, news, reports by tracey

“The Competition Commission (CC) has decided against forcing companies to rotate their statutory auditors regularly and has signalled that they should instead put their auditing needs out to tender at least every five years.”

Full story

OUT-LAW.com, 24th July 2013

Source: www.out-law.com

The implications for access to justice of the Government’s proposed legal aid reforms – Joint Committee on Human Rights

“The Joint Committee on Human Rights, chaired by Dr Hywel Francis MP, is today launching an inquiry into the implications for access to justice of certain of the Government’s proposals to reform legal aid, as set out in its Consultation Paper Transforming Legal Aid: delivering a more credible and efficient system.”

Full press release

Joint Committee on Human Rights, 18th July 2013

Source: www.parliament.uk

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Children: Public Law Update (July 2013) – Family Law Week

Posted July 25th, 2013 in adoption, children, costs, expert witnesses, news, proportionality, witnesses by tracey

“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”

Full story

Family Law Week, 24th July 2013

Source: www.familylawweek.co.uk

How far should our courts venture onto the battlefield? – The Guardian

Posted July 25th, 2013 in armed forces, constitutional reform, news, parliament, select committees, war by tracey

“If you think there are clear rules governing the UK’s use of armed force, you would be wrong.”

Full story

The Guardian, 24th July 2013

Source: www.guardian.co.uk

Whiplash drives false insurance claims to £1bn – Daily Telegraph

Posted July 25th, 2013 in fraud, insurance, news, personal injuries by tracey

“Fraud uncovered by the country’s insurers has topped £1 billion for the first time, with 340 questionable claims detected every day.”

Full story

Daily Telegraph, 24th July 2013

Source: www.telegraph.co.uk

Teenager convicted of starting fatal fire – The Guardian

Posted July 25th, 2013 in arson, fire, homicide, news, young offenders by tracey

“Dyson Allen, 19, faces prison sentence after being found guilty of manslaughter of four siblings in Lancashire.”

Full story

The Guardian, 24th July 2013

Source: www.guardian.co.uk