BAILII: Recent Decisions

Posted February 25th, 2014 in law reports by sally

High Court (Chancery Division)

Constantin Medien AG v Ecclestone & Ors [2014] EWHC 387 (Ch) (20 February 2014)

Clutterbuck & Anor v Al Amoudi [2014] EWHC 383 (Ch) (20 February 2014)

Cometson & Anor v Merthyr Tydfil County Borough Council [2014] EWHC 419 (Ch) (21 February 2014)

High Court (Family Division)

K v B [2014] EWHC B7 (Fam) (31 January 2014)

SAB (A Child), Re [2014] EWHC 384 (Fam) (23 January 2014)

High Court (Commercial Court)

Mar -Train Heavy Haulage Ltd v Shipping.Dk Chartering A/S (t/a Frank&tobiesen A/S) & Ors [2014] EWHC 355 (Comm) (20 February 2014)

Summit Navigation Ltd & Anor v Generali Romania Asigurare Reasigurare SA Ardaf SA & Anor [2014] EWHC 398 (Comm) (21 February 2014)

Source: www.bailii.org

Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Lee Rigby’s murderers – are whole life terms inevitable? – Halsbury’s Law Exchange

Posted February 25th, 2014 in human rights, murder, news, sentencing by sally

‘Michael Adebolajo and Michael Adebowale were convicted of murdering Fusilier Lee Rigby last year. Sentencing was adjourned, however, until such time as the domestic courts had ruled on the legality of the whole life tariff following the Strasbourg ruling in Vinter v UK.’

Full story

Halsbury’s Law Exchange, 25th February 2014

Source: www.halsburyslawexchange.co.uk

Landlords win legal battle over Game – Daily Telegraph

Posted February 25th, 2014 in appeals, insolvency, landlord & tenant, news, rent by sally

‘Court of Appeal ruling gives high street landlords more protection in administrations’

Full story

Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk

Family set blames legal aid cuts for closure – Law Society’s Gazette

Posted February 25th, 2014 in barristers, legal aid, news by sally

‘Barristers at a leading family law set with 28 members have voted to dissolve the chambers, blaming the impact of legal aid cuts.’

Full story

Law Society’s Gazette, 24th February 2014

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted February 25th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

British Telecommunications Plc v Luck & Ors [2014] EWHC 290 (QB) (17 February 2014)

Krause v Associated Newspapers Ltd [2014] EWHC 293 (QB) (19 February 2014)

Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB) (19 February 2014)

Donkers & Anor v Storm Aviation Ltd [2014] EWHC 241 (QB) (20 February 2014)

Leigh v London Ambulance Service NHS Trust [2014] EWHC 286 (QB) (20 February 2014)

High Court (Administrative Court)

Gul, R (on the application of) v Secretary of State for Justice & Anor [2014] EWHC 373 (Admin) (19 February 2014)

Barrow Upon Soar Parish Council v Secretary of State for Communities & Local Government & Ors [2014] EWHC 274 (Admin) (19 February 2014)

Dunham & Anor v and Government of the United States [2014] EWHC 334 (Admin) (19 February 2014)

Miranda v Secretary of State for the Home Department & Ors [2014] EWHC 255 (Admin) (19 February 2014)

Flynn & Anor v Secretary of State for Communities And Local Government & Anor [2014] EWHC 390 (Admin) (20 February 2014)

Bishop’s Stortford Civic Federation v East Hertfordshire District Council & Ors [2014] EWHC 348 (Admin) (21 February 2014)

Jeyarupan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 386 (Admin) (20 February 2014)

Burrows (on behalf of Wraysbury Action Group), R (on the application of) v The Royal Borough of Windsor and Maidenhead & Anor [2014] EWHC 389 (Admin) (21 February 2014)

Dusza & Anor v Powys Teaching Local Health Board [2014] EWHC 339 (Admin) (21 February 2014)

Miller, R (On the Application Of) v Chief Constable of Merseyside Police [2014] EWHC 400 (Admin) (20 February 2014)

High Court (Technology and Construction Court)

Lincolnshire County Council v Mouchel Business Services Ltd & Anor [2014] EWHC 352 (TCC) (21 February 2014)

Savash v CIS General Insurance Ltd [2014] EWHC 375 (TCC) (20 February 2014)

Source: www.bailii.org

Decision to block Prince Charles’s letters challenged – BBC News

Posted February 25th, 2014 in appeals, attorney general, disclosure, freedom of information, news, royal family, veto by sally

‘A move by the government to block the release of letters from Prince of Wales to ministers are being challenged in the Court of Appeal.’

Full story

BBC News, 24th February 2014

Source: www.bbc.co.uk

Dave Lee Travis faces retrial over sexual assault allegations – The Guardian

Posted February 25th, 2014 in bail, news, retrials, sexual offences by sally

‘The former BBC Radio 1 DJ Dave Lee Travis said he was living a nightmare after being told he will face a retrial over allegations he sexually assaulted two women.’

Full story

The Guardian, 24th February 2014

Source: www.guardian.co.uk

Reforming judicial review: cutting pointless delay or preventing legitimate challenge? – UK Human Rights Blog

Posted February 25th, 2014 in bills, costs, human rights, judicial review, news, public interest by sally

‘For law students who slept their way through their first Latin 101 lessons in ‘ultra vires’, public law and judicial review may have seemed very detached from the realities of everyday life; less relevant to the man on the Clapham Omnibus than the rigours of a good criminal defence or protection from eviction offered by landlord and tenant law.’

Full story

UK Human Rights Blog, 24th February 2014

Source: www.ukhumanrightsblog.com

Stephen Worton jailed for £58,000 benefits fraud – BBC News

Posted February 25th, 2014 in benefits, fraud, news, sentencing, social security by sally

‘A benefits cheat filmed riding an elephant in India, walking unaided and getting into a van while claiming he was too ill to work has been jailed.’

Full story

BBC News, 24th February 2014

Source: www.bbc.co.uk

New evidence delays coroner’s ruling on death of soldier who said she was raped – The Guardian

Posted February 25th, 2014 in armed forces, disclosure, evidence, inquests, news, rape by sally

‘A coroner’s ruling into the death of a soldier who said she had been raped and bullied has been unexpectedly delayed after lawyers for the military revealed they had uncovered new documents, including a reference to a diary and mobile phones the woman’s family say were never passed to them.’

Full story

The Guardian, 24th February 2014

Source: www.guardian.co.uk

Kristy Robinson wins £2,350 damages over wrongful arrest – BBC News

Posted February 25th, 2014 in alcohol abuse, assault, damages, domestic violence, news, wrongful arrest by sally

‘A victim of domestic violence has been awarded £2,350 from Gwent Police after she was arrested when she phoned for help.’

Full story

BBC News, 24th February 2014

Source: www.bbc.co.uk

Fighting corporate crime – DPAs hit the UK – Halsbury’s Law Exchange

Posted February 25th, 2014 in corruption, deferred prosecution agreements, news, prosecutions by sally

‘“White-collar crime is a crime like any other and should be prosecuted and punished as such”.

“Corrupt companies cannot buy their way out of trouble”

Statements like these have been the impetus behind “credible deterrence”, and the growth of high-profile investigations into the alleged criminal actions of corporate bodies.’

Full story

Halsbury’s Law Exchange, 24th February 2014

Source: www.halsburyslawexchange.co.uk

Judge calls for tougher sentences for dangerous dog owners after attack on toddler – Daily Telegraph

Posted February 25th, 2014 in dogs, judges, news, sentencing by sally

‘A judge has called for tougher sentences for people who keep fighting dogs as he said the current law prevented him from handing a more severe punishment to a man whose pit bull terrier savaged a toddler in the street.’

Full story

Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk

Women prisoners ‘coerced into sex with staff’ – BBC News

Posted February 25th, 2014 in harassment, news, prison officers, prisons, reports, women by sally

‘Female prisoners in England and Wales have been coerced into having sex with staff in return for favours such as alcohol and cigarettes, a report says.’

Full story

BBC News, 25th February 2014

Source: www.bbc.co.uk

Revealed: How the CPS betrays victims of crime – numbers of witness protection staff falls by 57% in just three years – The Independent

Posted February 25th, 2014 in Crown Prosecution Service, news, reports, victims, witnesses by sally

‘The Crown Prosecution Service has cut the number of staff it employs to look after witnesses – some of whom are victims of crime – by more than half in just three years, an investigation has revealed.’

Full story

The Independent, 24th February 2014

Source: www.independent.co.uk

Bridge is a game not a sport, tribunal rules – Daily Telegraph

Posted February 25th, 2014 in fees, HM Revenue & Customs, news, sport, tribunals, VAT by sally

‘The English Bridge Union loses legal challenge against HM Revenue and Customs aimed at reclaiming VAT on competition entry fees.’

Full story

Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk

Court of Appeal puts law firm in the dock after being duped in mortgage fraud – Legal Futures

Posted February 25th, 2014 in appeals, conveyancing, fraud, law firms, mortgages, news by sally

‘The Court of Appeal has overturned a ruling which excused from liability a law firm which was duped into releasing £150,000 of mortgage funds.’

Full story

Legal Futures, 25th February 2014

Source: www.legalfutures.co.uk

Pop stars’ daughter who glued herself to anti-fracking protester found guilty – The Guardian

‘The daughter of musicians Ray Davies and Chrissie Hynde has been found guilty after supergluing herself to a fellow anti-fracking protester outside the main gate of an exploratory oil drilling site.’

Full story

The Guardian, 24th February 2014

Source: www.guardian.co.uk