Man detained under Mental Health Act by Surrey police dies in hospital – The Guardian

Posted November 14th, 2013 in closed circuit television, complaints, death in custody, mental health, news by tracey

“IPCC investigates Surrey force after man, 33, arrested in Stanwell on suspicion of drugs-related offence, dies.”

Full story

The Guardian, 14th November 2013

Source: www.guardian.co.uk

Teacher Zahid Akram jailed for child photo blackmail – BBC News

Posted November 14th, 2013 in blackmail, news, pornography, sentencing, teachers by tracey

“A science teacher who blackmailed girls into sending him sexually explicit photos of themselves has been jailed for six years.”

Full story

BBC news, 14th November 2013

Source: www.bbc.co.uk

Minister faces legal challenge over Prince Philip Hospital shake-up – BBC News

Posted November 14th, 2013 in hospitals, judicial review, ministers' powers and duties, news, Wales by tracey

“Health Minister Mark Drakeford faces a legal challenge over his decision to give the go-ahead to change the way urgent care is delivered at Llanelli’s Prince Philip Hospital.”

Full story

BBC News, 14th November 2013

Source: www.bc.co.uk

Lesbian couple ‘refused IVF’ take legal action – Daily Telegraph

Posted November 14th, 2013 in assisted reproduction, hospitals, news, sexual orientation discrimination by tracey

“A lesbian couple who claim they were turned down for fertility treatment because of their sexuality are taking legal action against the NHS.”

Full story

Daily Telegraph, 14th November 2013

Source: www.telegraph.co.uk

Command Papers – official-documents.gov.uk

Posted November 14th, 2013 in parliamentary papers by tracey

Scotland analysis: science and research, Cm 8728 (PDF)

Source: www.official-documents.gov.uk

Bar operator ordered to pay £72k in costs after losing appeal on restrictions – Local Government Lawyer

Posted November 14th, 2013 in appeals, costs, licensed premises, local government, news by tracey

“A bar operator has been ordered to pay a local authority £72,000 in legal costs after it lost an appeal over restrictions imposed on its opening hours.”

Full story

Local Government Lawyer, 14th November 2013

Source: www.localgovernmentlawyer.co.uk

Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures

Posted November 14th, 2013 in asbestos, costs, Law Society, news, personal injuries, pre-action conduct by tracey

“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”

Full story

Litigation Futures, 14th November 2013

Source: www.litigationfutures.com

Consultation on out of court disposals – Attorney General’s Office

Posted November 14th, 2013 in cautions, consultations, penalties, press releases by tracey

“This consultation paper outlines the existing out of court disposals (OOCDs) landscape and provides an opportunity for the public and practitioners to share their thoughts and experiences of OOCDs and their use, and consider how they might be reformed.”

Full press release

Attorney General’s Office, 14th November 2013

Source: www.gov.uk/ago

Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime – OUT-LAW.com

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

Full story

OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Cost protection plans for defamation and privacy cases would lead to mountain of satellite litigation, warns expert – OUT-LAW.com

Posted November 14th, 2013 in costs, defamation, news, privacy by tracey

“The Government’s proposed new costs protections framework for those making defamation and privacy claims would lead to a ‘mountain of satellite litigation’, an expert has warned.”

Full story

OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by tracey

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Sleepwalking into error – NearlyLegal

Posted November 14th, 2013 in appeals, default judgments, housing, news by tracey

“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2013 in legislation by tracey

The Tax Treatment of Financing Costs and Income (Excluded Schemes) Regulations 2013

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013

The Health Service Medicines (Control of Prices and Supply of Information) (Amendment) Regulations 2013

The Growth and Infrastructure Act 2013 (Local Development Orders) (Consequential Provisions) (England) Order 2013

The Foreign Marriage (Amendment) Order 2013

The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013

The Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2013

The Air Navigation (Overseas Territories) Order 2013

The Pensions Act 2004 (Code of Practice) (Governance and Administration of Occupational Defined Contribution Trust-Based Pension Schemes) Appointed Day Order 2013

The Local Authority (Referendums Relating to Council Tax Increases) (Date of Referendum) (England) Order 2013

The Health and Social Care Act 2012 (Commencement No. 6) Order 2013

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted November 14th, 2013 in appeals, competition, conspiracy, jurisdiction, law reports, striking out, tribunals by tracey

W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377:   [2013] WLR (D)  432

“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

McDonald v Department for Communities and Local Government and another – WLR Daily

Posted November 14th, 2013 in appeals, asbestos, employment, law reports by tracey

McDonald v Department for Communities and Local Government and another [2013] EWCA Civ 1346:  [2013] WLR (D)  431

“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted November 14th, 2013 in appeals, law reports, local government, sale of land by tracey

Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D)  433

“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 14th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

B (A Child) [2013] EWCA Civ 1434 (13 November 2013)

Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410 (13 November 2013)

CSC Computer Sciences Ltd v McAlinden & Ors [2013] EWCA Civ 1435 (13 November 2013)

Court of Appeal (Criminal Division)

Stocker, R v [2013] EWCA Crim 1993 (13 November 2013)

High Court (Administrative Court)

Eastwood, R (on the application of) v The Royal Borough of Windsor & Maidenhead [2013] EWHC 3476 (Admin) (13 November 2013)

High Court (Family Division)

Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)

Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)

High Court (Technology and Construction Court)

GSMA Ltd v Europa Technologies Ltd [2013] EWHC 3451 (TCC) (12 November 2013)

Source: www.bailii.org

Protester cleared of threatening behaviour for calling Hove MP ‘a coward’ – The Independent

Posted November 14th, 2013 in demonstrations, freedom of expression, news, threatening behaviour, universities by tracey

“A Judge has ruled that a protester who called Conservative MP Mike Weatherley ‘a coward’ was not guilty of breaking the law.”

Full story

The Independent, 13th November 2013

Source: www.independent.co.uk

‘Unpalatable’ John McCririck loses his age discrimination case against Channel 4 – Daily Telegraph

Posted November 14th, 2013 in age discrimination, employment, employment tribunals, media, news by tracey

“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

The real question about the terror suspect who fled in a burqa: did MI5 bring him here illegally? – The Guardian

Posted November 14th, 2013 in fugitive offenders, intelligence services, news, rendition, torture by tracey

“Mohammed Ahmed Mohamed’s escape was an embarrassment. The alleged torture and rendition that came before it might just be a major scandal.”

Full story

The Guardian, 13th November 2013

Source: www.guardian.co.uk