Maria Miller expenses report: minister must repay expenses and apologise – Daily Telegraph

Posted April 3rd, 2014 in expenses, news, parliament, repayment, reports by tracey

‘Maria Miller must pay back £5,800 worth of expenses and apologise for her behaviour in a personal statement in the House of Commons, says report.’

Full story

Daily Telegraph, 3rd April 2014

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted April 3rd, 2014 in law reports by tracey

High Court (Chancery Division)

Littlewoods Retail Ltd & Ors v HM Revenue & Customs [2014] EWHC 868 (Ch) (28 March 2014)

High Court (Commercial Court)

Yemgas Fzco & Ors v Superior Pescadores S.A. Panama [2014] EWHC 971 (Comm) (02 April 2014)

Sonatrach v Statoil [2014] EWHC 875 (Comm) (02 April 2014)

Geden Operations Ltd v Dry Bulk Handy Holdings Inc M/V “Bulk Uruguay” [2014] EWHC 885 (Comm) (28 March 2014)

Leni Gas & Oil Investments Ltd & Anor v Malta Oil Pty Ltd & Anor [2014] EWHC 893 (Comm) (27 March 2014)

High Court (Family Division)

Cambra v Jones & Anor [2014] EWHC 913 (Fam) (31 March 2014)

High Court (Queen’s Bench Division)

Fern Advisers Ltd v Burford & Ors [2014] EWHC 762 (QB) (01 April 2014)

Milton Furniture Ltd v Brit Insurance Ltd [2014] EWHC 965 (QB) (01 April 2014)

Coghlan v Bailey & Anor [2014] EWHC 924 (QB) (01 April 2014)

Tippett v Guy’s & St Thomas’ Hospital NHS Foundation Trust [2014] EWHC 917 (QB) (01 April 2014)

Mitchell v News Group Newspapers Ltd [2014] EWHC 879 (QB) (27 March 2014)

Mole v Hunter [2014] EWHC 658 (QB) (27 March 2014)

High Court (Technology and Construction Court)

The Bodo Community & Ors v The Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 958 (TCC) (28 March 2014)

Co -Operative Group Ltd v Carillion JM Ltd & Anor [2014] EWHC 837 (TCC) (27 March 2014)

Source: www.bailii.org

Ramdeen v State of Trinidad and Tobago – WLR Daily

Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149

‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another – WLR daily

Posted April 3rd, 2014 in copyright, EC law, internet, law reports by tracey

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another: (Case C-314/12); [2014] WLR (D) 148

‘A person who made protected subject matter available to the public on a website without the agreement of the copyright holder, for the purpose of article 3(2) of Parliament and Council Directive 2001/29/EC, was using the services of the Internet service provider of the persons accessing that subject matter, which had to be regarded as an “intermediary” within the meaning of article 8(3) of the Directive. The fundamental rights recognised by EU law did not preclude a court injunction prohibiting an Internet service provider from allowing its customers access to a website placing protected subject matter online without the agreement of the rightholders when that injunction did not specify the measures which that access provider had to take and when that access provider could avoid incurring coercive penalties for breach of that injunction by showing that it had taken all reasonable measures, provided that (i) the measures taken did not unnecessarily deprive Internet users of the possibility of lawfully accessing the information available and (ii) that those measures had the effect of preventing unauthorised access to the protected subject matter or, at least, of making it difficult to achieve and of seriously discouraging Internet users who were using the services of the addressee of that injunction from accessing the subject-matter that had been made available to them in breach of the intellectual property right, that being a matter for the national authorities and courts to establish.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Kent hospitals admit failings over Simon Willson death – BBC News

Posted April 3rd, 2014 in health, hospitals, mental health, negligence, news, suicide by tracey

‘Two NHS trusts have admitted failures in the care of a father of two who was found hanged in a hospital toilet.’

Full story

BBC News, 3rd April 2014

Source: www.bbc.co.uk

Bar Council launches post-LASPO research project – LegalVoice

Posted April 3rd, 2014 in barristers, legal aid, news by tracey

‘The Bar Council marked the first anniversary of the Legal Aid, Sentencing and Punishment of Offenders Act by launching a major research project on its impact. The project will begin with a survey of the family and civil Bar, costs lawyers, clerks and practice managers to provide ‘an empirical evidence base’ for a full report to be published in September.’

Full story

LegalVoice, 2nd April 2014

Source: www.legalvoice.org.uk

 

User Guide to Police Powers and Procedures – Home Office

Posted April 3rd, 2014 in investigatory powers, news, police, statistics by tracey

‘This guide to Police Powers and Procedures Statistics is designed to be a useful reference guide with explanatory notes on the statistics.’

Full guide

Home Office, 3rd April 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted April 3rd, 2014 in legislation by tracey

The Income Tax (Professional Fees) Order 2014

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) (Amendment) (Wales) Order 2014

The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2014

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) (No. 2) Order 2014

The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2014

The Financial Assistance Scheme (Qualifying Pension Scheme Amendments) Regulations 2014

The Aggregates Levy (Registration and Miscellaneous Provisions) (Amendment) Regulations 2014

The Family Court (Contempt of Court) (Powers) Regulations 2014

The Protection of Freedoms Act 2012 (Commencement No. 3) (Amendment) Order 2014

The Crime and Courts Act 2013 (Commencement No. 9) Order 2014

The Contracting Out (Local Authorities Social Services Functions) (England) Order 2014

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 4 and Saving Provision) (Amendment) Order 2014

The West Northamptonshire Development Corporation (Dissolution) Order 2014

The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014

The Access to the Countryside (Coastal Margin) (Cumbria) Order 2014

The Access to the Countryside (Coastal Margin) (Durham, Hartlepool and Sunderland) Order 2014

The Crime and Courts Act 2013 (Consequential, Transitional and Saving Provisions) Order 2014

The Civil Courts Order 2014

Source: www.legislation.gov.uk

BAILII: Recent decisions

Posted April 3rd, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Haining v Warrington Borough Council [2014] EWCA Civ 398 (02 April 2014)

Mulla v Hackney Learning Trust [2014] EWCA Civ 397 (02 April 2014)

Kazakhstan Kagazy Plc & Ors v Arip [2014] EWCA Civ 381 (02 April 2014)

Underwood & Anor v Mayers & Anor [2014] EWCA Civ 406 (02 April 2014)

Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 (02 April 2014)

Smith, R (on the application of) v Secretary of State for Justice & Ors [2014] EWCA Civ 380 (01 April 2014)

Samsung Electronics Co Ltd v Apple Retail UK Ltd & Anor [2014] EWCA Civ 376 (01 April 2014)

Rashid & Anor v Sharif & Anor [2014] EWCA Civ 377 (31 March 2014)

Sukhoruchkin & Ors v Van Bekestein & Ors [2014] EWCA Civ 399 (31 March 2014)

Ashburton Trading Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWCA Civ 378 (31 March 2014)

Harrison v Madejski & Anor [2014] EWCA Civ 361 (28 March 2014)

Relfo Ltd v Varsani [2014] EWCA Civ 360 (28 March 2014)

Secretary of State for the Department of Energy And Climate Change & Anor v Jones & Ors [2014] EWCA Civ 363 (27 March 2014)

Lombard-Knight & Anor v Rainstorm Pictures Inc [2014] EWCA Civ 356 (27 March 2014)

Patel & Anor v Peters & Ors [2014] EWCA Civ 335 (27 March 2014)

TW v Enfield Borough Council [2014] EWCA Civ 362 (27 March 2014)

Asda Stores Ltd v The Commissioners for Her Majesty’s Revenue And Customs [2014] EWCA Civ 317 (27 March 2014)

West & Anor v Ian Finlay & Associates (a firm) [2014] EWCA Civ 316 (27 March 2014)

B (A Child) (1980 Hague Convention Proceedings) [2014] EWCA Civ 375 (27 March 2014)

Court of Appeal (Criminal Division)

Taylor v The Queen [2014] EWCA Crim 618 (02 April 2014)

Ahmed, R v [2014] EWCA Crim 619 (01 April 2014)

R v Nealon [2014] EWCA Crim 574 (28 March 2014)

Ruth v R [2014] EWCA Crim 546 (28 March 2014)

Regina v Brahmbhatt [2014] EWCA Crim 573 (27 March 2014)

High Court  (Administrative Court)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 972 (Admin) (02 April 2014)

Arunkalaivanan v General Medical Council [2014] EWHC 873 (Admin) (02 April 2014)

Shankaran v The Government of the State of India & Anor [2014] EWHC 957 (Admin) (01 April 2014)

Oboh & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 967 (Admin) (01 April 2014)

Smith v Secretary of State for Communities and Local Government & Anor [2014] EWHC 935 (Admin) (01 April 2014)S

Gifford v The Governor of HMP Bure & Ors [2014] EWHC 911 (Admin) (31 March 2014)

Abdi v Secretary of State for the Home Department [2014] EWHC 929 (Admin) (28 March 2014)

Potter, R (On the Application Of) v Amber Valley Borough Council [2014] EWHC 888 (Admin) (28 March 2014)

United Company Rusal Plc, R (On the Application Of) v The London Metal Exchange [2014] EWHC 890 (Admin) (27 March 2014)

VB & Ors v Westminster Magistrates’ Court & Ors [2014] EWHC 889 (Admin) (27 March 2014)

Ellaway v Cardiff County Council [2014] EWHC 836 (Admin) (27 March 2014)

Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) (27 March 2014)

Source: www.bailii.org

 

 

Government confirms court fees increase within weeks – Law Society’s Gazette

Posted April 3rd, 2014 in civil justice, consultations, courts, fees, news by tracey

‘The Ministry of Justice has confirmed it will go ahead with a series of changes to court fees from 22 April.’

Full story

Law Society’s Gazette, 2nd April 2014

Source: www.lawgazette.co.uk

Teacher sacked after calling pupils ‘feral’ on Twitter – Daily Telegraph

Posted April 3rd, 2014 in internet, news, professional conduct, teachers by tracey

‘A teacher has been sacked after she called one pupil “cowface” and labelled others “feral” on Twitter.’

Full story

Daily Telegraph, 2nd April 2014

Source: www.telegraph.co.uk

Sentencing for theft offences – consultation launched on sentencing guidelines – Sentencing Council

Posted April 3rd, 2014 in consultations, electricity, press releases, sentencing, theft by tracey

‘The Sentencing Council has launched a 12-week consultation on its proposed guidelines for judges and magistrates to use when sentencing people for theft offences.’

Full press release

Sentencing Council, 3rd April 2014

Source: http://sentencingcouncil.judiciary.gov.uk

UK’s first drone conviction will bankrupt me, says Cumbrian man – The Guardian

Posted April 3rd, 2014 in aircraft, costs, fines, news by tracey

‘A TV-repair shop owner who has become the first person convicted in the UK for “dangerously” flying a drone says the fine and legal costs will bankrupt him.’

Full story

The Guardian, 2nd April 2014

Source: www.guardian.co.uk

Former government vet killed man during sadomasochistic sex session – The Guardian

Posted April 3rd, 2014 in assault, homicide, news by tracey

‘A former government vet has been convicted of killing a man during an extreme drug-fuelled sadomasochistic sex session.’

Full story

The Guardian, 2nd April 2014

Source: www.guardian.co.uk

Housing benefit changes distress disabled people, say MPs – BBC News

‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’

Full story

BBC News, 2nd April 2014

Source: www.bbc.co.uk

Student Yashika Bageerathi removed from UK as legal bid fails – BBC News

Posted April 3rd, 2014 in appeals, asylum, deportation, education, immigration, news by tracey

‘An A-Level student from north London has been removed from the country and is being flown back to Mauritius after a last ditch legal challenge failed.’

Full story

BBC News, 2nd April 2014

Source: www.bbc.co.uk