Month: August 2013

Urgent appeals in warrant suspension cases – NearlyLegal

Posted August 2nd, 2013 in appeals, civil procedure rules, housing, news, repossession, warrants by sally

“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”

Full story

NearlyLegal, 1st August 2013

Source: www.nearlylegal.org.uk

Coroner advised by ombudsman over transgender teacher comments – Daily Telegraph

Posted August 2nd, 2013 in complaints, coroners, disciplinary procedures, media, news, professional conduct by sally

“A coroner who wrote to the Culture Secretary to express his disgust at the press following the death of a transgender teacher has been criticised by the Office for Judicial Complaints.”

Full story

Daily Telegraph, 2nd August 2013

Source: www.telegraph.co.uk

Undercover spy allegations cast campaigner verdict in doubt – The Guardian

Posted August 2nd, 2013 in Criminal Cases Review Commission, investigatory powers, news, police, prosecutions by sally

“An official body has called into question the criminal conviction of a political campaigner after allegations that an undercover spy gave false evidence under oath during his prosecution.”

Full story

The Guardian, 1st August 2013

Source: www.guardian.co.uk

No trade unions for clergy if the Archbishop says no, rules European Court – UK Human Rights Blog

Posted August 2nd, 2013 in clergy, human rights, news, trade unions by sally

“The Orthodox Archbishop of Craiova in Romania, that is, not the Archbishop of Canterbury. The European Court of Human Rights recently handed down an interesting ruling on Article 11 (freedom of assembly and association) that could also have more far-reaching consequences for the application of Article 9 (freedom of religion).”

Full story

UK Human Rights Blog, 1st August 2013

Source: www.ukhumanrightsblog.com

Coroner blames professor for teenager’s drug death at party – Daily Telegraph

Posted August 2nd, 2013 in children, drug abuse, inquests, negligence, news, parental responsibility, unlawful killing by sally

“A coroner has blamed a lecturer and his wife for the ‘tragic and preventable death’ of a 15-year-old girl who took an ecstasy overdose at their home during an unsupervised party.”

Full story

Daily Telegraph, 1st August 2013

Source: www.telegraph.co.uk

The Missed Chances: Victoria Climbie, Baby P, now Daniel Pelka – how could it happen again? – The Independent

Posted August 2nd, 2013 in child abuse, children, news, police, social services, teachers by sally

“On his last day of school, Daniel Pelka was desperate for food. While other children made shapes with play jelly, he tried to eat it. He plucked a half-eaten pear from a bin and then grubbed around in a sandpit for dried beans that he tried to eat. Two days later, the four-year-old was dead.”

Full story

The Independent, 1st August 2013

Source: www.independent.co.uk

Rania Alayed: Police watchdog probes missing woman case – BBC News

Posted August 2nd, 2013 in complaints, domestic violence, murder, news, police by sally

“Greater Manchester Police’s dealings with a missing mother-of-three are being investigated by The Independent Police Complaints Commission (IPCC).”

Full story

BBC News, 2nd August 2013

Source: www.bbc.co.uk

Met ‘set to admit liability’ for unlawful killing of Ian Tomlinson – The Independent

Posted August 2nd, 2013 in complaints, news, police, unlawful killing by sally

“Scotland Yard is drawing closer to agreeing compensation with the family of Ian Tomlinson, who died after being pushed to the ground during the G20 protests by a riot officer.”

Full story

The Independent, 2nd August 2013

Source: www.independent.co.uk

Wife of paralysed former stuntrider Eddie Kidd jailed for domestic abuse – The Guardian

Posted August 2nd, 2013 in assault, disabled persons, domestic violence, news, sentencing by sally

“The estranged wife of the paralysed former motorbike stuntrider Eddie Kidd has been jailed for five months after she admitted assaulting him.”

Full story

The Guardian, 1st August 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 1st, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Bennett v Southwell [2013] EWHC 2382 (QB) (01 August 2013)

High Court (Chancery Division)

Jones & Anor v First Greater Western Ltd [2013] EWHC 1485 (Ch) (25 April 2013)

Fenty & Ors v Arcadia Group Brands Ltd (t/a Topshop) & Anor [2013] EWHC 2310 (Ch) (31 July 2013)

Hemsley & Anor v Graham & Ors [2013] EWHC 2232 (Ch) (31 July 2013)

Sharab v HRH Al-Saud [2013] EWHC 2324 (Ch) (31 July 2013)

Bestrustees Plc v Kaupthing Singer & Friedlander Ltd [2013] EWHC 2407 (Ch) (31 July 2013)

Pickenham Romford Ltd v Deville [2013] EWHC 2330 (Ch) (31 July 2013)

Carman v Bucci [2013] EWHC 2371 (Ch) (31 July 2013)

High Court (Family Division)

DN (A Child), Re [2013] EWHC 2401 (Fam) (12 July 2013)

C (A Child), Re [2013] EWHC 2408 (Fam) (19 July 2013)

E (A Child), Re [2013] EWHC 2400 (Fam) (30 July 2013)

High Court (Administrative Court)

Kebede & Anor v Secretary of State for Business Innovation and Skills [2013] EWHC 2396 (Admin) (31 July 2013)

Hashemi, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) & Anort [2013] EWHC 2316 (Admin) (31 July 2013)

Nikolics v The City Court of Szekszard (A Judicial Authority In Hungary) [2013] EWHC 2377 (Admin) (31 July 2013)

High Court (Commercial Court)

Amlin Corporate Member Ltd & Ors v Oriental Assurance Corp [2013] EWHC 2380 (Comm) (31 July 2013)

Alpstream AG & Ors v PK Airfinance Sarl & Anor [2013] EWHC 2370 (Comm) (31 July 2013)

High Court (Technology and Construction Court)

National Museums and Galleries on Merseyside (Trustees of) v AEW Architects and Designers Ltd [2013] EWHC 2403 (TCC) (01 July 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 1st, 2013 in law reports by sally

Supreme Court

Hughes, R. v [2013] UKSC 56 (31 July 2013)

Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59 (31 July 2013)

McGraddie v McGraddie & Anor (Scotland) [2013] UKSC 58 (31 July 2013)

Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd [2013] UKSC 57 (31 July 2013)

Court of Appeal (Criminal Division)

O’Leary v R [2013] EWCA Crim 1371 (31 July 2013)

Ahmed v R [2013] EWCA Crim 1393 (31 July 2013)

Banfield & Anor, R v [2013] EWCA Crim 1394 (31 July 2013)

Court of Appeal (Civil Division)

Park Cakes Ltd v Shumba & Ors [2013] EWCA Civ 974 (31 July 2013)

MacKay & Anor v Ashwood Enterprises Ltd & Ors [2013] EWCA Civ 959 (31 July 2013)

Kebede & Anor, R (on the application of) v Newcastle City Council [2013] EWCA Civ 960 (31 July 2013)

Nicklinson & Anor, R (on the application of) v A Primary Care Trust [2013] EWCA Civ 961 (31 July 2013)

PM v MB & Anor [2013] EWCA Civ 969 (31 July 2013)

Price & Anor v Nunn [2013] EWCA Civ 1002 (31 July 2013)

Jetivia SA & Anor v Bilta (UK) Ltd & Ors [2013] EWCA Civ 968 (31 July 2013)

The Serious Organised Crime Agency v Azam [2013] EWCA Civ 970 (31 July 2013)

Fox v British Airways Plc [2013] EWCA Civ 972 (31 July 2013)

High Court (Queen’s Bench Division)

Tamiz v Guardian News & Media Ltd [2013] EWHC 2339 (QB) (31 July 2013)

Parkin & Ors v Alba Proteins Ltd & Ors [2013] EWHC 2036 (QB) (31 July 2013)

Navaratnam v Secretary of State for the Home Department [2013] EWHC 2383 (QB) (31 July 2013)

Cruddas v Calvert & Ors [2013] EWHC 2298 (QB) (31 July 2013)

Mama Group Ltd & Anor v Sinclair & Anor [2013] EWHC 2374 (QB) (30 July 2013)

Nicholas v Ministry of Defence [2013] EWHC 2351 (QB) (31 July 2013)

Bennett v Southwell [2013] EWHC 2382 (QB) (01 August 2013)

Richards, R (on the application of) v Teesside Magistrates Court & Anor [2013] EWHC 2208 (QB) (30 July 2013)

Cooper v Bright Horizons Family Solutions Ltd [2013] EWHC 2349 (QB) (31 July 2013)

Source: www.bailii.org

Regina v Hughes – WLR Daily

Posted August 1st, 2013 in dangerous driving, law reports, road traffic offences, uninsured drivers by sally

Regina v Hughes [2013] UKSC 56; [2013] WLR (D) 324

“When a defendant who was uninsured, unlicensed or disqualified was driving his vehicle on a road and it was involved in a collision which resulted in the death of another person, the defendant could not be found guilty of the offence under section 3ZB of the Road Traffic Act 1988, as inserted, of causing the death by driving while committing such offences unless the prosecution proved that there had been some act or omission in the defendant’s driving which amounted to fault his part and which had contributed to the death. If the defendant’s driving had been faultless he could not be found guilty of the offence merely because his vehicle was on the road and was involved in a fatal accident when he was driving without insurance or a driving licence.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

McGraddie v McGraddie and another – WLR Daily

Posted August 1st, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

McGraddie v McGraddie and another [2013] UKSC 58; [2013] WLR (D) 323

“An appellate court should not interfere with the trial judge’s conclusions on primary facts unless it was satisfied that he was plainly wrong.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Regina (Kebede and another) v Newcastle City Council – WLR Daily

Posted August 1st, 2013 in appeals, children, education, law reports, local government, universities by sally

Regina (Kebede and another) v Newcastle City Council [2013] EWCA Civ 960; [2013] WLR (D) 322

“A local authority had a duty to a former relevant child going on to higher education to make a grant to meet expenses connected with his education, including the major expense of tuition fees.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted August 1st, 2013 in appeals, food hygiene, health & safety, law reports, local government, Supreme Court by sally

Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59; [2013] WLR (D) 321

“For the purposes of a prosecution under regulation 44(1)(d) of the Food Labelling Regulations 1996 (SI 1996/1499) it was sufficient for the prosecutor to prove that a defendant had food in its possession for the purposes of sale which was the subject of a label showing a “use by” date which had passed.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Sud v Ealing London Borough Council – WLR Daily

Posted August 1st, 2013 in appeals, costs, disability discrimination, employment tribunals, law reports, local government, tribunals by sally

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Bedfordshire Police Constabulary v RU and another – WLR Daily

Posted August 1st, 2013 in children, contempt of court, enforcement, forced marriages, imprisonment, law reports, police by sally

Bedfordshire Police Constabulary v RU and another [2013] EWHC 2350 (Fam); [2013] WLR (D) 319

“There was no power whereby a police force could apply for a person to be committed to prison for contempt of court for breach of a forced marriage protection order where the police themselves were not the applicants who had obtained the order. The relevant departments of state should give urgent consideration to improving the effectiveness of forced marriage protection orders and the means of enforcement.”

WLR Daily, 26th July 2013

Source: www.iclr.co.uk

Regina v Chapman – WLR Daily

Posted August 1st, 2013 in amendments, appeals, confiscation, law reports, proceeds of crime, sentencing, time limits by sally

Regina v Chapman [2013] EWCA Crim 1370; [2013] WLR (D) 318

“Once an appeal had been constituted by filing a notice of appeal in time or by obtaining an extension of time from the court, the order of the court below was subject to review and not final and the court could not justify refusing to allow the defendant to take advantage of a change in the law which occurred between the filing of the notice of appeal and the hearing itself.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Lloyd v Lewisham London Borough Council and another – WLR Daily

Posted August 1st, 2013 in appeals, benefits, housing, law reports, local government, social security by sally

Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317

“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2) – WLR Daily

Posted August 1st, 2013 in admissibility, appeals, evidence, law reports, patents by sally

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2)
[2013] EWCA Civ 925; [2013] WLR (D) 316

“Where a patent specification made a technical effect “plausible” it was open to a party to mount a challenge to the existence of that effect by the use of later evidence. There was no principled objection to the admission of evidence as to the true nature of the advance made by the invention in connection with an objection of lack of inventive step.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk