Month: July 2013

Construction industry disputes – Panopticon

Posted July 26th, 2013 in confidentiality, construction industry, contracts, local government, news, public interest by sally

“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.'”

Full story

Panopticon, 26th July 2013

Source: www.panopticonblog.com

Adrian Locke drug deal stabbing: Two guilty of murder – BBC News

Posted July 26th, 2013 in DNA, drug abuse, murder, news, sentencing by sally

“Two men have been found guilty of murdering a man they stabbed to death when he tried to buy heroin from them.”

Full story

BBC News, 25th July 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 26th, 2013 in law reports by tracey

Court of Appeal  (Civil Division)

JSC BTA Bank v Ablyazov [2013] EWCA Civ 928 (25 July 2013)

High Court (Chancery Division)

Infederation Ltd v Google Inc & Ors [2013] EWHC 2295 (Ch) (26 July 2013)

High Court (Commercial Court)

SC DG Petrol SRL v Vitol Broking Ltd & Ors [2013] EWHC 2176 (Comm) (25 July 2013)

High Court (Family Division)

Sekhri v Ray [2013] EWHC 2290 (Fam) (23 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Serious Fraud Office & Ors [2013] EWHC 2297 (QB) (26 July 2013)

Source: www.bailii.org

Expert highlights “worrying approach” in Justice Committee’s report on sentencing of environmental offenders – OUT-LAW.com

Posted July 26th, 2013 in environmental protection, news, reports, select committees, sentencing by sally

“It is ‘worrying’ that a Justice Committee report suggests treating companies whose actions risk harm to the environment in the same way as those who cause actual harm, an expert has said.”

Full story

OUT-LAW.com, 25th July 2013

Source: www.out-law.com

HS2 challenges fail but powerful dissent – UK Human Rights Blog

Posted July 26th, 2013 in appeals, EC law, environmental protection, news, planning, railways by sally

“HS2 is the proposed high speed rail link to Birmingham and beyond. Its opponents sought to challenge the decision to promote it by way of a hybrid Bill in Parliament, saying that the process as a whole breached the various EU rules, including the need for Strategic Environmental Assessment under the Strategic Environmental Assessment Directive 2001/42/EC and the Environmental Impact Assessment Directive 2011/92/EU.”

Full story

UK Human Rights Blog, 26th July 2013

Source: www.ukhumanrightsblog.com

PC Chris Findley death: Dale Dixon, 19, sentenced – BBC News

Posted July 26th, 2013 in assault, guilty pleas, homicide, news, police, sentencing, young offenders by sally

“A teenager who killed an off-duty police officer has been sentenced to three-and-a-half years in a young offenders institution.”

Full story

BBC News, 25th July 2013

Source: www.bbc.co.uk

Thief who stole from dying hospital patients jailed for three years – Daily Telegraph

Posted July 26th, 2013 in hospitals, news, sentencing, theft by sally

“A thief who stole from dying hospital patients, including one who was terminally ill with cancer, has been jailed for three years.”

Full story

Daily Telegraph, 25th July 2013

Source: www.telegraph.co.uk

Leicester Crown Court is ‘in crisis’ according to lawyers – BBC News

Posted July 26th, 2013 in courts, Crown Court, delay, judiciary, law firms, news by sally

“Victims of crime are being put through unnecessary extra stress because of a ‘crisis’ caused by a lack of judges at Leicester Crown Court, lawyers claim.”

Full story

BBC News, 26th July 2013

Source: www.bbc.co.uk

20 law firms implicated in ‘secret’ phone hacking scandal – Daily Telegraph

Posted July 26th, 2013 in confidentiality, disclosure, interception, law firms, news, private investigators, public interest, reports, select committees, telecommunications by sally

“Lawyers were the biggest users of the private investigators behind the ‘secret’ phone-hacking scandal, it has been revealed.”

Full story

Daily Telegraph, 26th July 2013

Source: www.telegraph.co.uk

Judge: couple’s £850,000 divorce is financial suicide – The Guardian

Posted July 26th, 2013 in costs, divorce, judges, news by sally

“A high court judge has said a couple have committed ‘financial suicide’ by spending £850,000 on legal bills during their divorce.”

Full story

The Guardian, 25th July 2013

Source: www.guardian.co.uk

Stuart Hall should serve longer in jail for sex attacks, Attorney General tells Court of Appeal – The Independent

Posted July 26th, 2013 in appeals, attorney general, complaints, news, sentencing, sexual offences by sally

“The veteran broadcaster Stuart Hall’s 15-month prison sentence for indecently assaulting 13 girls was unduly lenient and he should serve longer in jail, the Attorney General told the Court of Appeal today.”

Full story

The Independent, 26th July 2013

Source: www.independent.co.uk

Lover jailed for Diana Lee murder and mutilation in Cheshire – BBC News

Posted July 26th, 2013 in arson, fraud, murder, news, sentencing by sally

“A conman who murdered his lover and mutilated her body to cover his tracks has been sentenced to life, with a minimum prison term of 34 years.”

Full story

BBC News, 26th July 2013

Source: www.bbc.co.uk

Stuart Hall: judges review whether sentence for sex attacks was too lenient – The Guardian

Posted July 26th, 2013 in appeals, complaints, news, recidivists, sentencing, sexual offences by sally

“Three of Britain’s most senior judges are considering whether the 15-month sentence handed to Stuart Hall for a string of sex offences was unduly lenient.”

Full story

The Guardian, 26th June 2013

Source: www.guardian.co.uk

PC Keith Blakelock trial date set for next year – The Guardian

Posted July 26th, 2013 in murder, news, police, trials, violent disorder by sally

“A provisional trial date has been set at the Old Bailey for a 44-year-old man charged with the murder of PC Keith Blakelock during the Broadwater Farm riots in 1985.”

Full story

The Guardian, 26th July 2013

Source: www.guardian.co.uk

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

Posted July 25th, 2013 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by tracey

“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

Posted July 25th, 2013 in armed forces, costs, courts martial, firearms, news, retrials, sentencing, suspended sentences by tracey

“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