Jennifer Jones: Care battle mum cleared of contempt – BBC News

Posted July 24th, 2013 in care orders, contempt of court, families, news by tracey

“A mother who went missing with four of her children during a care dispute with her Spanish ex-husband has been cleared of being in contempt of court for breaching a High Court order.”

Full story

BBC News, 24th July 2013

Source: www.bbc.co.uk

RBS hit with £5.6m fine over reporting failures – Daily Telegraph

Posted July 24th, 2013 in banking, financial regulation, fines, news by tracey

“Royal Bank of Scotland has been fined £5.6m by British regulators after it was  found to have incorrectly reported or altogether forgotten to disclose details  of more than a third of the trades handled by its investment banking arm.”

Full story

Daily Telegraph, 24th July 2013

Source: www.telegraph.co.uk

HS2 challenge rejected by Court of Appeal – BBC News

Posted July 24th, 2013 in appeals, environmental protection, local government, news, railways by tracey

“The latest legal challenge to the HS2 high-speed rail project has been rejected by the Court of Appeal.”

Full story

BBC News, 24th July 2013

Source: www.bbc.co.uk

Honeymoon murder suspect Shrien Dewani faces extradition – BBC News

“Honeymoon murder suspect Shrien Dewani will be extradited to South Africa to face trial over his wife Anni’s death.”

Full story

BBC News, 24th July 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 24th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

CW (Jamaica) v Secretary of State for the Home Department [2013] EWCA Civ 915 (23 July 2013)

V (Children), Re [2013] EWCA Civ 913 (23 July 2013)

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 (23 July 2013)

Duffy v George [2013] EWCA Civ 908 (23 July 2013)

ITV Services Ltd v HM Revenue and Customs [2013] EWCA Civ 867 (23 July 2013)

Pendragon Plc & Ors v HM Revenue and Customs [2013] EWCA Civ 868 (23 July 2013)

Court of Appeal (Criminal Division)

Morgan, R v [2013] EWCA Crim 1307 (23 July 2013)

Oyebola, R v [2013] EWCA Crim 1052 (23 July 2013)

High Court (Administrative Court)

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013)

High Court (Chancery Division)

Caldero Trading Ltd v Beppler & Jacobson Ltd & Ors [2013] EWHC 2191 (Ch) (23 July 2013)

High Court (Queen’s Bench Division)

Nowak v The Nursing and Midwifery Council & Anor (Rev 1) [2013] EWHC 1932 (QB) (23 July 2013)

Source: www.bailii.org

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Regina (Government Actuary’s Department) v Pensions Ombudsman – WLR Daily

Regina (Government Actuary’s Department) v Pensions Ombudsman: [2013] EWCA Civ 901; [2013] WLR (D) 298

“The Government Actuary’s Department performed an important proactive role, by producing and from time to time revising the actuarial tables, which was central to the administration and proper operation of the firefighters’ public sector pension scheme, and as such was ‘concerned with the … administration of … the scheme’, within the meaning of section 146(4)(b) of the Pension Schemes Act 1993, as substituted.”

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 24th, 2013 in legislation by tracey

The Representation of the People (Northern Ireland) (Amendment Regulations 2013

The Finance Act 2013, Section 66 (Appointed Day) Order 2013

Source: www.legislation.gov.uk

Refusal of shadow licence for nightclub “unlawful”, says High Court judge – Local Government Lawyer

Posted July 24th, 2013 in licensing, local government, news, statutory interpretation by tracey

“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”

Full story

Local Government Lawyer, 23rd July 2013

Source: www.localgovernmentlawyer.co.uk

Four sentenced over £5 million film industry tax fraud – Crown Prosecution Service

Posted July 24th, 2013 in film industry, fraud, press releases, sentencing, tax credits, VAT by tracey

“Anish Anand, Amit Kumar, Sanjeev Mirajkar and Afsana Karim have today been sentenced at Croydon Crown Court for cheating the public revenue of more than £5m.”

Full story

Crown Prosecution Service, 22nd July 2013

Source: www.cps.gov.uk

Second Christian B&B case headed for the Supreme Court – UK Human Rights Blog

“Black and Morgan v. Wilkinson [2013] EWCA Civ 820. The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Updates begin: Government proposes greater protection for consumers of digital content – Technology Law Update

Posted July 24th, 2013 in compensation, consumer protection, copyright, internet, news by tracey

“Online providers may be aware that currently, a consumer who buys a CD or DVD has greater protection than one who purchases exactly the same content by downloading it from the internet. The UK Government has recognised a need to update the law and published a Draft Consumer Rights Bill on 12 June 2013, which gives protection to consumers of digital content. ‘Digital Content’ is defined broadly in the Bill and will include, for example, video and music downloads, e-books, apps and online games.”

Full story

Technology Law Update, 22nd July 2013

Source: www.technology-law-blog.co.uk

Juror who posted paedophile trial on Facebook denies contempt of court – The Independent

Posted July 24th, 2013 in contempt of court, evidence, internet, juries, news by tracey

“The modern-day perils of using the internet while serving on a jury were all too evident today as two former jurors were brought before the High Court.”

Full story

The Independent, 23rd July 2013

Source: www.independent.co.uk

Police hide names of companies suspected of phone hacking – Daily Telegraph

Posted July 24th, 2013 in confidentiality, interception, news, police, theft by tracey

” More than 100 companies and individuals are suspected of obtaining illicit information by hacking, blagging and theft and The Serious Organised Crime Agency has finally handed a list of names to MPs. However, the agency insisted that it remain secret to protect those involved.”

Full story

Daily Telegraph, 24th July 2013

Source: www.telegraph.co.uk

Shrien Dewani awaits ruling on bid to fight extradition to South Africa – The Guardian

“Shrien Dewani will discover on Wednesday whether his latest bid to delay his extradition to South Africa to face trial over his wife’s death has succeeded.”

Full story

The Guardian, 24th July 2013

Source: www.guardian.co.uk

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