Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

European Commission v United Kingdom (Kingdom of Denmark and another intervening) – WLR Daily

Posted February 17th, 2014 in costs, EC law, law reports, protective costs orders by sally

European Commission v United Kingdom (Kingdom of Denmark and another intervening) (Case C‑530/11); [2014] WLR (D) 69

‘A European Union (“EU”) Directive could not be transposed by national case law since EU law conferred on individuals specific rights which would need unequivocal rules in order to be effective. In the field of public participation in decision‑making and access to justice in environmental matters, the costs regime laid down by United Kingdom case law did not ensure a claimant reasonable predictability in relation to both whether the costs of the judicial proceedings in which he became involved were payable by him and their amount, although such predictability appeared particularly necessary because judicial proceedings in the United Kingdom entailed high lawyers’ fees. Moreover, the United Kingdom’s system of cross-undertakings in respect of the grant of interim relief constituted an additional element of uncertainty and imprecision so far as concerned compliance with the requirement that proceedings not be prohibitively expensive.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Svensson and others v Retriever Sverige AB – WLR Daily

Posted February 17th, 2014 in copyright, EC law, internet, law reports by sally

Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67

‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer

Posted February 17th, 2014 in appeals, equality, local government, news, road traffic by sally

‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’

Full story

Local Government Lawyer, 14th February 2014

Source: www.localgovernmentlawyer.co.uk

Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities – OUT-LAW.com

Posted February 17th, 2014 in environmental protection, news, strict liability, waste by sally

‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘

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OUT-LAW.com, 14th February 2014

Source: www.out-law.com

Customers lose right to sue after taking ombudsman compensation – Daily Telefgraph

Posted February 17th, 2014 in compensation, financial advice, news, ombudsmen by sally

‘Financial services customers who have accepted compensation from the ombudsman can no longer sue for further redress in court following a landmark Court of Appeal ruling.’

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Daily Telegraph, 14th February 2014

Source: www.telegraph.co.uk

Linking to free web content is legal, says EU Court – BBC News

Posted February 17th, 2014 in copyright, EC law, internet, news by sally

‘Websites can link to freely available content without the permission of the copyright holder, the European Court of Justice says.’

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BBC News, 14th February 2014

Source: www.bbc.co.uk

High Court untangles claim and counterclaim over law firm sale – Legal Futures

Posted February 17th, 2014 in insurance, law firms, limited liability partnerships, news by sally

‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action against the firm led to sharp increases in the cost of its indemnity insurance.’

Full story

Legal Futures, 17th February 2014

Source: www.legalfutures.co.uk

Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog

Posted February 17th, 2014 in environmental protection, judicial review, listed buildings, news by sally

‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’

Full story

UK Human Rights Blog, 16th February 2014

Source: www.ukhumanrightsblog.com

BNP activist Adam Walker loses Michael Gove teaching ban challenge – BBC News

‘A British National Party (BNP) activist who was given a lifetime teaching ban has lost his legal challenge against Education Secretary Michael Gove.’

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BBC News, 14th February 2014

Source: www.bbc.co.uk

‘Logbook lenders’ are flouting the law, say debt advisers – The Guardian

Posted February 17th, 2014 in debts, financial regulation, loans, news by sally

‘Innocent car buyers can lose their vehicles under ‘bills of sale’ rules dating back to the Victorian era.’

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The Guardian, 16th February 2014

Source: www.guardian.co.uk

Record number of foreign criminals cannot be deported – Daily Telegraph

Posted February 17th, 2014 in deportation, human rights, news, statistics by sally

‘In 2012/2013 602 appeals were allowed by the immigration courts, including 324 criminals allowed to stay in Britain because of their right to a family life.’

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Daily Telegraph, 15th February 2014

Source: www.telegraph.co.uk

Ryaheen Banimuslem balcony death: Sheffield man jailed over girl’s fall – BBC News

Posted February 17th, 2014 in children, homicide, negligence, news, sentencing by sally

‘A maintenance worker has been jailed over the death of a girl who fell 60ft (18m) from a balcony in Sheffield.’

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BBC News, 14th February 2014

Source: www.bbc.co.uk

Muslim convert who agitated for sharia state in UK given groundbreaking asbo – The Guardian

Posted February 17th, 2014 in ASBOs, inciting religious hatred, news, terrorism by sally

‘A Muslim convert who targeted members of the public as part of a campaign for a sharia state in Britain has been given a groundbreaking asbo, police have said.’

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The Guardian, 15th February 2014

Source: www.guardian.co.uk

These Things Take Time – Zenith Chambers

Posted February 14th, 2014 in limitations, negligence, news, personal injuries by sally

‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

Chat Rooms and 21st Century Insider Dealing – Six Pump Court

Posted February 14th, 2014 in banking, financial regulation, insider dealing, internet, news by sally

‘Just when the bankers and financiers of the world thought it was safe to begin trading again in the shark infested waters of high finance after showing their contrition with the payment of multi-billion dollar fines to various regulators worldwide following the debacle of the Libor Scandal, a further scandal is looming which has the potential to dwarf Libor and lead to further collateral investigations into other asset classes across the board – welcome to the year of the Forex!’

Full story

Six Pump Court, 12th February 2014

Source: www.6pumpcourt.co.uk

Extensions of time for witness statements post Mitchell and Lloyd ~ Don’t be caught out – 11 Stone Buildings

Posted February 14th, 2014 in civil procedure rules, consent orders, news, time limits, witnesses by sally

‘The recent decision in MA A Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB) provides that parties who agree to extend time for service of witness statements must also apply to the Court for an order by consent. A mere written agreement is not sufficient. In the post-Mitchell, post-Lloyd world, parties are increasingly unlikely to agree extensions of time. Tom Shepherd considers the decision in Lloyd and highlights some practical pointers which parties who need to make or respond to an application to extend time for witness statements can consider. He also explains why this decision leaves us with a few unresolved questions.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

Fact or Friction – Horner v Norman – Zenith Chambers

Posted February 14th, 2014 in accidents, evidence, expert witnesses, negligence, news, personal injuries, road traffic by sally

‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

The High Court’s new Planning Court – Thirty Nine Essex Street

Posted February 14th, 2014 in bills, courts, judicial review, news, planning by sally

‘The High Court is now to include a formally designated Planning Court and permission to apply will be required for section 288 applications against planning decisions in the latest government reforms to judicial review and related proceedings. Ministers have just published their response to the latest reform proposals and the Criminal Justice and Courts Bill 2014 proposing changes to judicial review.’

Full story

Thirty Nine Essex Street, February 2014

Source: www.39essex.com