Seni Lewis death: IPCC taken to court over report – BBC News
“The family of a man who died days after being restrained by police have asked judges to review the police watchdog’s report on his death.”
BBC News, 19th July 2013
Source: www.bbc.co.uk
Month: July 2013
Enigma codebreaker Alan Turing to receive posthumous pardon for homosexuality conviction – The Independent
“The Government says it will not oppose a parliamentary bill that would quash the 1952 ‘gross indecency’ conviction.”
The Independent, 20th July 2013
Source: www.independent.co.uk
Council wins right to sell family assets to pay care bill – Daily Telegraph
“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”
Daily Telegraph, 19th July 2013
Source: www.telegraph.co.uk
Michael Adebolajo injuries: prison officers deny wrongdoing – The Guardian
“Prison officers have denied any wrongdoing after Woolwich murder suspect Michael Adebolajo lost two teeth when he was restrained in jail, a trade union said on Friday.”
The Guardian, 19th July 2013
Source: www.guardian.co.uk
Allotment-holders take legal action against Eric Pickles – The Independent
“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”
The Independent, 21st July 2013
Source: www.independent.co.uk
Pryce prison picture not an invasion of privacy, decides PCC – The Guardian
“The Press Complaints Commission has rejected a complaint that the Daily Telegraph intruded on the privacy of Vicky Pryce by publishing a picture of her in prison. It further rejected a complaint that the publication amounted to harassment.”
The Guardian, 19th July 2013
Source: www.guardian.co.uk
Privacy actions up 22% as public fights storage of personal information on ‘big brother’ databases – The Independent
“A sharp rise in the number of privacy hearings in British courts has been fuelled by requests for ‘irrelevant’ personal information to be removed from police and other state databases, figures show.”
The Independent, 22nd July 2013
Source: www.independent.co.uk
Organist’s killer jailed for at least 25 years – The Guardian
“A man who battered a church organist to death as he walked to midnight mass has been jailed for a minimum of 25 years by a judge who told him: ‘Why you wished to inflict violence on another human being on Christmas Eve is known only to you.'”
The Guardian, 19th July 2013
Source: www.guardian.co.uk
Special court orders cast doubt on Kevin Lane murder conviction – The Guardian
“Doubts have emerged about the conviction of a contract killer following a trial in which special court orders were used to keep sensitive information out of the public domain.”
The Guardian, 21st July 2013
Source: www.guardian.co.uk
International Human Rights Breaches – State Accountability v State Immunity – UCL / Bindman Debate
“Panel includes:
Prof. Eileen Denza CMG;
Omar Deghayes, Cageprisoners, former Guantanamo prisoner;
Ben Emmerson QC, Matrix Chambers; and
Julian Knowles QC, Matrix Chambers
Chair:
Professor Geraldine Van Bueren QC, Queen Mary’s College, London”
UCL / Bindman Debate, 19th June 2013
Source www.ucl.ac.uk
Command Papers – official-documents.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Authorised Investment Funds (Tax) (Amendment) Regulations 2013
The Offshore Funds (Tax) (Amendment No. 3) Regulations 2013
Marriage (Same Sex Couples) Act 2013
The Police (Complaints and Misconduct)(Old Cases) Regulations 2013
The Local Justice Areas Order 2013
The Finance Act 2013, Schedule 23 (Employee Shareholder Shares) (Appointed Day) Order 2013
The Traffic Management (Derby City Council) Permit Scheme Order 2013
The Offshore Installations (Safety Zones) Order 2013
The Asian Development Bank (Tenth Replenishment of the Asian Development Fund) Order 2013
The Education (School Performance Information) (England) (Amendment) Regulations 2013
The Proscribed Organisations (Name Changes) Order 2013
The Alternative Investment Fund Managers (Amendment) Regulations 2013
The Copyright and Duration of Rights in Performances Regulations 2013
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2013
The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.2) Regulations 2013
The Fish Labelling Regulations 2013
Supply and Appropriation (Main Estimates) Act 2013
Source: www.legislation.gov.uk
Hawes v Burgess, an end to the Golden Rule?’ – New Square Chambers
“The principles of testamentary capacity are well settled: a testator must understand the nature of the act of making a will, the extent of the property of which he is disposing, and the persons who may have a claim upon that property: Banks v Goodfellow (1870) LR 5 QB 549. Further, the proposed dispositions must not be poisoned or influenced by any disorder of the mind.”
Full story (PDF) (see p. 3)
New Square Chambers, June 2013
Source: www.newsquarechambers.co.uk
Benedetti v Sawiris and others – WLR Daily
Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286
“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”
WLR Daily, 17th July 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Yarow, R. v [2013] EWCA Crim 1175 (18 June 2013)
Court of Appeal (Civil Division)
Evans & Anor v Finance-U-Ltd [2013] EWCA Civ 869 (18 July 2013)
SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 (18 July 2013)
West Midlands Travel Ltd v Aviva Insurance UK Ltd [2013] EWCA Civ 887 (18 July 2013)
DL v EL (Rev 1) [2013] EWCA Civ 865 (16 July 2013)
High Court (Queen’s Bench Division)
Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)
High Court (Chancery Division)
BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC B10 (Ch) (17 July 2013)
Wholecrop Marketing Ltd v Wolds Produce Ltd [2013] EWHC 2079 (Ch) (16 July 2013)
High Court (Administrative Court)
Johnson & Anor v Nursing and Midwifery Council [2013] EWHC 2140 (Admin) (18 July 2013)
West v Taylor-Duncan [2013] EWHC 2163 (QB) (Admin) (18 July 2013)
High Court (Family Division)
MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)
J & MM (Children), Re [2013] EWHC 1820 (Fam) (26 June 2013)
A (A Child), Re (Vulnerable Witness : Fact Finding) [2013] EWHC 2124 (Fam) (15 July 2013)
RCW v A Local Authority (No.2): Re SB [2013] EWHC 2129 (Fam) (16 July 2013)
High Court (Commercial Court)
Intesa Sanpaolo SPA v Regione Piemonte [2013] EWHC 1994 (Comm) (16 July 2013)
High Court (Patents Court)
HTC Corporation v Gemalto SA [2013] EWHC 1876 (Pat) (10 July 2013)
Source: www.bailii.org
A heresy extinguished: Hastings-Bass reformed – New Square Chambers
“A heresy usually derives from the earnest application of principle without the benefit of perspective. Addressing the rule in Hastings Bass, and its heretical application over many years by the High Court, the Supreme Court in Pitt v Holt and Futter v Futter [2013] uKSC 26 has greatly narrowed its use and effect.”
Full story (PDF)
New Square Chambers, June 2013
Source: www.newsquarechambers.co.uk
Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers
“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”
Sovereign Chambers, 25th June 2013
Source: www.sovereignchambers.co.uk
Giving tenants a break – Hardwicke Chambers
“A recent case in the Chancery Division is the latest in a series concerning payment of rent as a condition of exercising a break clause: Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279; [2013] 22 EG 92. In this series of cases, tenants have sought to overcome the apparent unfairness of paying quarterly rent due in advance as a condition of exercising a break clause part way through a quarter, leading to an overpayment of rent when compared pro rata to the period of actual occupancy.”
Hardwicke Chambers, 15th July 2013
Source: www.hardwicke.co.uk
New Era or Plus Ça Change – Littleton Chambers
“Following the long process of consideration and consultation, the new tribunal rules take effect from 29th July 2013. David Reade QC examines the new Tribunal and Fees regime in a paper entitled ‘NEW ERA OR PLUS ÇA CHANGE’ that he delivered at the ELA this month.”
Full story (PDF)
Littleton Chambers, 15th July 2013
Source: www.littletonchambers.com
