Command Papers – official-documents.gov.uk
Source: www.official-documents.gov.uk
Month: November 2013
Proposals to amend the Conduct of Authorised Persons Rules: The Financial Services Perspective – Mnistry of Justice
‘The Claims Management Regulator proposes to make changes to the Conduct of Authorised Persons Rules that authorised claims management companies need to follow when submitting claims on behalf of consumers. The changes aim to address issues identifed by stakeholders that have reported poor behaviour such as claims management companies making speculative claims, failing to substantiate claims and not undertaking robust pre-complaint checks.’
Ministry of Justice, 21st November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Third time unlucky for solicitor as High Court rejects challenge to strike-off – Legal Futures
‘It was third time unlucky for a solicitor whose striking-off had twice been overturned by the High Court, as Mr Justice Mostyn yesterday rejected his challenge to the latest decision to remove him from the roll.’
Legal Futures, 21st November 2013
Source: www.legalfutures.co.uk
Independent review of deportation with assurances: terms of reference – Home Office
‘Terms of reference for the independent review of deportation with assurances.’
Home Office, 21st November 2013
Source: www.gov.uk/home-office
Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog
‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’
UK Human Rights Blog, 21st November 2013
Source: www.ukhumanrightsblog.com
EU Controversy, Churchill and the Charter – The Human Rights Roundup – UK Human Rights Blog
‘This week, Chris Grayling and the Court of Justice go head to head over the domestic status of the Charter of Fundamental Rights, while the ghost of Winston Churchill comes back to haunt the “United States of Europe” debate. Meanwhile, Theresa May’s plans to deprive terrorist suspects of their British citizenship are under fire, while calls for press accountability are repeated.’
UK Human Rights Blog, 20th November 2013
Source: www.ukhumanrightsblog.com
The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon
‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’
Panopticon, 21st November 2013
Source: www.panopticonblog.com
Court of Appeal backs parallel UK and EPO patent proceedings but alters guidelines for future cases – OUT-LAW.com
‘A dispute over the alleged infringement of a standard-essential mobile technology European patent will be ruled on by the High Court despite there being ongoing proceedings before the European Patent Office (EPO) about whether the patent is valid.’
OUT-LAW.com, 21st November 2013
Source: www.out-law.com
Who’s right about the EU Charter of Fundamental Rights? – Head of Legal
‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’
Head of Legal, 21st November 2013
Source: www.headoflegal.com
Recent Statutory Instruments – legislation.gov.uk
Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily
‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre
‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’
WLR Daily, 19th November 2013
Source: www.iclr.co.uk
General Dental Council v Fajemisin – WLR Daily
General Dental Council v Fajemisin: [2013] EWHC 3501 (Admin); [2013] WLR (D) 447
“In addition to cases in which a previous decision could be revisited under the equivalent of the slip rule, a public body had jurisdiction to revisit a decision which had been made in ignorance of the true facts when the factual basis on which it had proceeded had amounted to a fundamental mistake of fact. That power existed irrespective of whether the decision fell to be classified as judicial or administrative in nature.”
WLR Daily, 19th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
C (A Child), Re [2013] EWCA Civ 1412 (21 November 2013)
SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November 2013)
L, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1481 (21 November 2013)
D, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1480 (21 November 2013)
Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1483 (21 November 2013)
IPCom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496 (21 November 2013)
Court of Appeal (Criminal Division)
Wells v R [2013] EWCA Crim 2043 (19 November 2013)
High Court (Commercial Court)
LNOC Ltd v Watford Association Football Club Ltd [2013] EWHC 3615 (Comm) (21 November 2013)
BAT Industries Plc v Windward Prospects Ltd [2013] EWHC 3612 (Comm) (21 November 2013)
Credit Suisse AG v Up Energy Group Ltd [2013] EWHC 3611 (Comm) (21 November 2013)
High Court (Queen’s Bench Division)
New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB) (21 November 2013)
Douglas v The Ministry of Justice [2013] EWHC 3640 (QB) (21 November 2013)
Source: www.bailii.org
Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian
‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’
The Guardian, 21st November 2013
Source: www.guardian.co.uk
Manchester Debenhams boy rapist has jail term cut – BBC News
‘One of two men jailed for raping a 14-year-old boy in the toilet of a central Manchester department store has had his prison sentence cut.’
BBC News, 21st November 2013
Source: www.bbc.co.uk
Hunger striker Isa Muazu loses release bid – The Independent
‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’
The Independent, 21st November 2013
Source: www.independent.co.uk
Stalking laws ‘not being implemented’ – BBC News
‘The MP who chaired an inquiry that led to stalking being made a specific criminal offence has warned the new laws are not being implemented.’
BBC News, 21st November 2013
Source: www.bbc.co.uk
CQC report says hospital care has not improved since Mid Staffs scandal – The Guardian
‘Hospitals have made no improvement in patient safety or treating the ill with dignity and respect despite the concerns triggered by the Mid Staffordshire scandal, according to the independent healthcare regulator. The Care Quality Commission (CQC) also found no improvement in hospitals monitoring and assessment of the quality of care they are providing.’
The Guardian, 21st November 2013
Source: www.guardian.co.uk
