Fraudster jailed for £4m boiler room scam – Daily Telegraph

Posted April 15th, 2014 in conspiracy, fraud, news, sentencing by tracey

‘John Curtin, one of five conspirators convicted for their roles in a £4 million boiler room scam, was jailed for three years yesterday. The 38 year old was the last of the five conspirators to be jailed. Brian James O’Brien, Lynne Jane D’Albertson, James Py and Damien Rodney Smith were sentenced in 2012.’

Full story

Daily Telegraph, 15th April 2014


Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014


Director of Public Prosecutions v Issler and others – WLR Daily

Posted April 15th, 2014 in emergency services, law reports, road traffic by tracey

Director of Public Prosecutions v Issler and others: [2014] EWHC 669 (Admin);   [2014] WLR (D)  164

‘For the purposes of the Road Vehicle (Construction and Use) Regulations 1986 and the Road Vehicles Lighting Regulations 1989 a vehicle used for “ambulance purposes” had to be capable of conveying sick, injured or disabled persons and do so with such frequency that that core activity might fairly and properly be designated as its primary use.’

WLR Daily, 12th March 2014


Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014


Recent Statutory Instruments –

Posted April 15th, 2014 in legislation by tracey

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2014

The Social Security (Contributions) (Amendment No. 3) Regulations 2014

The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014

The Finance Act 2009, Sections 101 and 102 (Interest on Late Payments and Repayments), Appointed Days and Consequential Provisions Order 2014

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 2) Regulations 2014

The Plant Health (England) (Amendment) Order 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014

The Dentists Act 1984 (Medical Authorities) Order 2014

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014

The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014

The National Health Service (Property Expenses Scheme) (Amendment) Regulations 2014

The National Health Service (Liabilities to Third Parties Scheme) (Amendment) Regulations 2014

The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2014

The Local Audit and Accountability Act 2014 (Commencement No. 2) Order 2014

The Local Government Finance Act 2012 (Transitional Provisions) Order 2014

The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment No.2) Regulations 2014

The European Parliamentary Elections (Amendment) Regulations 2014

The Police and Crime Commissioner Elections (Amendment) Order 2014

The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2014

The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014

The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014

The Social Security (Habitual Residence) (Amendment) Regulations 2014

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2014

The Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2014

The Stamp Duty and Stamp Duty Reserve Tax (Exchange Traded Funds) (Exemption) Regulations 2014

The Network Rail (Norton Bridge Area Improvements) Order 2014

The High Court and County Court Jurisdiction (Amendment) Order 2014

The Immigration and Nationality (Fees) Regulations 2014

The Customs (Inspections by Her Majesty’s Inspectors of Constabulary and the Scottish Inspectors) (Amendment) Regulations 2014

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2014

The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014

The Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) (Great Britain and Northern Ireland) Order 2014

The Legal Officers (Annual Fees) (Amendment) Order 2014

The Legal Officers (Annual Fees) Order 2014


Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

Full story

Local Government Lawyer, 14th April 2014


Rule committee allays concern over unintended consequences of costs budgeting extension – Litigation Futures

Posted April 15th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The Civil Procedure Rule Committee (CPRC) has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.’

Full story

Litigation Futures, 14th April 2014


Expert questions UK chancellor’s proposed ‘strict liability’ criminal offence for taxable funds held offshore –

Posted April 15th, 2014 in fines, imprisonment, news, proportionality, strict liability, tax evasion by tracey

‘It would be disproportionate to introduce automatic unlimited fines and prison sentences for UK taxpayers with offshore assets on which they have not paid the correct taxes, as trailed by the Chancellor of the Exchequer at the weekend, an expert has said.’

Full story, 14th April 2014


No implied copyright licence following takeover, rules Court of Appeal –

Posted April 15th, 2014 in appeals, computer programs, copyright, documents, forgery, licensing, news by tracey

‘A businessman who forged a document and lied about its authenticity has won a legal battle against a major financial institution over copyright.’

Full story, 15th April 2014


Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by tracey

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

Full story

UK Human Rights Blog, 14th April 2014


BAILII: Recent Decisions

Posted April 15th, 2014 in law reports by tracey

Supreme Court

Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc [2014] UKSC 24 (9 April 2014)

O’’Brien, R v [2014] UKSC 23 (2 April 2014)

Court of Appeal (Civil Division)

Akzo Nobel N.V. v Competition Commission & Ors [2014] EWCA Civ 482 (14 April 2014)

Beauty Star Ltd v Janmohamed [2014] EWCA Civ 451 (14 April 2014)

Honda Motor Europe Ltd & Anor v Powell & Anor [2014] EWCA Civ 437 (11 April 2014)

The Commissioners for Her Majesty’s Revenue And Customs v British Telecommunications Plc [2014] EWCA Civ 433 (11 April 2014)

Yeung v Potel & Anor [2014] EWCA Civ 481 (11 April 2014)

Lloyds TSB Insurance Services Ltd & Anor v Shanley [2014] EWCA Civ 407 (10 April 2014)

Court of Appeal (Criminal Division)

Singh-Mann & Ors v R [2014] EWCA Crim 717 (15 April 2014)

R v Bowman & Anor [2014] EWCA Crim 716 (15 April 2014)

High Court (Administrative Court)

Odoi-Asare v Nursing & Midwifery Council [2014] EWHC 1151 (Admin) (14 April 2014)

High Court (Chancery Division)

Greenclose Ltd v National Westminster Bank Plc [2014] EWHC 1156 (Ch) (14 April 2014)

Nordic Insulated Doors Ltd v Land Resources Ltd [2014] EWHC 1093 (Ch) (11 April 2014)

Primary Group (UK) Ltd & Ors v The Royal Bank of Scotland Plc & Anor [2014] EWHC 1082 (Ch) (11 April 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 1035 (Fam) (09 April 2014)

High Court (Queen’s Bench Division)

Uppal v Endemol UK Ltd & Ors [2014] EWHC 1063 (QB) (09 April 2014)

High Court (Technology and Construction Court)

Greenwich Millennium Village Ltd & Ors v Essex Services Group Plc & Ors [2014] EWHC 1099 (TCC) (11 April 2014)


First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by tracey

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

Full story

Law Society’s Gazette, 14th April 2014


Police officer sacked over Twitter account which called force bosses ‘scum’ – Daily Telegraph

Posted April 15th, 2014 in appeals, disciplinary procedures, internet, news, police, professional conduct by tracey

‘A police officer who allegedly sent more than 800 tweets criticising his force and called bosses “lower than slime” has been sacked. Tony Ryan, 33, was found to be the face behind @TheBritishCop – a Twitter account which claimed senior figures within Avon and Somerset Police treated “hard-working staff like garbage”.’

Full story

Daily Telegraph, 14th April 2014


Lancashire Police cleared over strip-search Taser use – BBC News

Posted April 15th, 2014 in complaints, detention, firearms, news, police, stop and search by tracey

‘Police were justified in Tasering two men who refused to take off their boxer shorts while being strip-searched, the police watchdog has said.’

Full story

BBC News, 14th April 2014


Man jailed for life for partner’s murder in Walworth – BBC News

Posted April 15th, 2014 in domestic violence, fire, murder, news, sentencing by tracey

‘A man who attacked the mother of his four children with a hammer and then set her on fire has been jailed for life by a judge at the Old Bailey.’

Full story

BBC News, 14th April 2014


Don’t email in capital letters, court tells ‘insensitive’ father in custody dispute – Daily Telegraph

Posted April 15th, 2014 in contact orders, electronic mail, news, parental rights by tracey

‘An “insensitive” father banned by the courts from seeing his children has been warned by a judge not to type his emails to them in capitals – because it looks like he is shouting.’

Full story

Daily Telegraph, 14th April 2014


Chicken breeder faces court over noisy cockerel – Daily Telegraph

Posted April 15th, 2014 in animals, news, noise, prosecutions by tracey

‘A chicken breeder is being prosecuted after villagers complained her crowing cockerel keeps them awake at night.’

Full story

Daily Telegraph, 15th April 2014