Woodland (Appellant) v Essex County Council (Respondent) – Supreme Court

Woodland (Appellant) v Essex County Council (Respondent) [2013] UKSC 66 | UKSC 2012/0093 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) [2013] UKSC 65 | UKSC 2011/0196 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Gul (Appellant) – Supreme Court

R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

The cohabitation conundrum – New Law Journal

Posted October 25th, 2013 in bills, cohabitation, news by sally

“Geraldine Morris tracks recent attempts to clarify cohabitation.”

Full story

New Law Journal, 24th October 2013

Source: www.newlawjournal.co.uk

Regina v Wilson (Michael) – WLR Daily

Posted October 25th, 2013 in company directors, crime, health & safety, indictments, law reports by sally

Regina v Wilson (Michael) [2013] EWCA Crim 1780 ; [2013] WLR (D) 404

“Article 32(8) of the Regulatory Reform (Fire Safety) Order 2005 did not create a discrete offence, but an indictment containing a charge which referred only to article 32(8), and not to the other article in combination with which it created an offence, was not a nullity and a conviction might, despite the material irregularity, be considered safe.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Woodland v Swimming Teachers Association and others – WLR Daily

Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403

“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily

Secretary of State for Health and others v Servier Laboratories Ltd and others
National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234 ; [2013] WLR (D) 401

“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Flame SA v Glory Wealth Shipping PTE Ltd – WLR Daily

Posted October 25th, 2013 in compensation, contracts, damages, law reports by sally

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm); [2013] WLR (D) 400

“The purpose behind the compensatory principle underpinning the assessment of an award of damages for a repudiatory breach of contract was to put the innocent party in the position it would have found itself had the other party fulfilled its obligations. It was for the innocent party to prove its loss which in turn required it to prove that had the breach not occurred it would have been able to fulfil its obligations under the contract. Any identified inability to perform its future obligations which could have prevented the innocent party from receiving what was due to it under the terms of the contract had to be taken into account in the assessment of the level of the award of damages for the repudiatory breach to prevent the innocent party obtaining windfall damages.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 25th, 2013 in legislation by sally

The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2013

The Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 25th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Press & Anor v R. [2013] EWCA Crim 1849 (24 October 2013)

Court of Appeal (Civil Division)

S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)

High Court (Queen’s Bench Division)

Briggs v Jordan & Ors [2013] EWHC 3205 (QB) (24 October 2013)

High Court (Chancery Division)

The Prudential Assurance Company Ltd & Anor v Revenue and Customs [2013] EWHC 3249 (Ch) (24 October 2013)

High Court (Administrative Court)

Devere, R (on the application of) v Land Registry [2013] EWHC 2477 (Admin) (21 October 2013)

Clulow, R (on the application of) v Independent Review Service & Anor [2013] EWHC 3241 (Admin) (24 October 2013)

High Court (Commercial Court)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain & Anor [2013] EWHC 3188 (Comm) (22 October 2013)

Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm) (24 October 2013)

High Court (Technology and Construction Court)

Oak Leaf Conservatories Ltd v Weir & Anor [2013] EWHC 3197 (TCC) (24 October 2013)

Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 3202 (TCC) (10 October 2013)

Source: www.bailii.org

Jeffrey Lake, ex-policeman, jailed for child rape – BBC News

Posted October 25th, 2013 in child abuse, extradition, news, police, rape, sentencing by sally

“A retired police sergeant has been jailed for raping and sexually abusing two children while he was an officer serving in Lancashire and Merseyside.”

Full story

BBC News, 24th October 2013

Source: www.bbc.co.uk

The Supreme Court ruling in Woodland v Essex County Council: the reaction – Local Government Lawyer

“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”

Full story

Local Government Lawyer, 24th October 2013

Source: www.localgovernmentlawyer.co.uk

Social mobility – is law leading the way? – Legal Week

Posted October 25th, 2013 in diversity, equality, legal profession, news, reports by sally

“The latest Alan Milburn report on social mobility has produced a little backslapping in legal circles, primarily because of this judgment: “Professions are undertaking more activity in order to improve but results are mixed: law leads medicine, media, politics and finance.”

Full story

Legal Week, 24th October 2013

Source: www.legalweek.com

IP in tattoos, seriously? – Technology Law Update

Posted October 25th, 2013 in artistic works, copyright, intellectual property, news by sally

“There has been a lot of discussion over the last couple of years in the media about what intellectual property exists in tattoos and who owns it. It is likely that tattoos, if original artistic works, will be subject to copyright and the owner of copyright works is generally the person who created them, i.e. the tattoo artist.”

Full story

Technology Law Update, 24th October 2013

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

Ofcom to launch unprecedented review of mobile phone speeds as shock figures reveal 3G “non-spots” – Daily Telegraph

Posted October 25th, 2013 in news, ombudsmen, reports, telecommunications by sally

Britain’s mobile phone operators could be forced by Government to invest more in next generation services after ‘shocking’ figures showed thousands of miles of roads have no 3G coverage at all.

Full story

Daily Telegraph, 24th October 2013

Source: www.telegraph.co.uk

Woman who ‘cannot work because of a shoe allergy’ sees benefits stopped – Daily Telegraph

“A woman who claimed £100,000 in disability benefits because of a shoe allergy must return to work, officials say.”

Full story

Daily Telegraph, 24th October 2013

Source: www.telegraph.co.uk

Blackpool Council fined over ‘horrific’ Claremont Park swing injuries – BBC News

Posted October 25th, 2013 in fines, health & safety, local government, news, parks, personal injuries by sally

“Blackpool Council has been fined £18,000 after a boy suffered ‘horrific injuries’ when a park swing fell on him.”

Full story

BBC News, 24th October 2013

Source: www.bbc.co.uk

Lord McAlpine settles libel action with Alan Davies over Twitter comment – The Guardian

Posted October 25th, 2013 in costs, damages, defamation, internet, news by sally

“Lord McAlpine has settled his libel action with Alan Davies over a tweet relating to false child sex abuse allegations, with the comedian agreeing to pay £15,000 in damages and issuing a warning to users of the social media service.”

Full story

The Guardian, 24th October 2013

Source: www.guardian.co.uk

Newcastle United horse punch fan Barry Rogerson jailed – BBC News

Posted October 25th, 2013 in animal cruelty, horses, news, sentencing, sport, violent disorder by sally

“A Newcastle United fan who punched a police horse when trouble flared following his side’s defeat to Sunderland has been jailed for a year.”

Full story

BBC News, 24th October 2013

Source: www.bbc.co.uk

Jailed women will serve their sentences closer to home – The Independent

Posted October 25th, 2013 in imprisonment, news, prisons, rehabilitation, sentencing, women by sally

“Women prisoners will be held as close to their homes as possible and guaranteed help to return to the outside world under measures to be announced today to break the cycle of female offending.”

Full story

The Independent, 25th October 2013

Source: www.independent.co.uk