Haroon Aswat extradition decision postponed until June – BBC News

Posted April 16th, 2014 in extradition, human rights, mental health, news, terrorism by tracey

‘Home Secretary Theresa May has been given two months to seek assurances from the US about how a terror suspect will be treated if he is extradited.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

Schedule 7 Code of Practice – Home Office

‘Consultation on changes made to Schedule 7 to the Terrorism Act 2000 by the Anti-Social Behaviour, Crime and Policing Act 2014.’

Full text

Home Office, 15th April 2014

Source: www.gov.uk/home-office

Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

Full story

UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

Spoiling the Broth – NearlyLegal

‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin);   [2014] WLR (D)  166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 16th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Communities And Local Government v Hopkins Developments Ltd [2014] EWCA Civ 470 (15 April 2014)

Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 472 (15 April 2014)

Court of Appeal (Criminal Division)

Gary Hyde v The Queen [2014] EWCA Crim 713 (15 April 2014)

High Court (Administrative Court)

Derrin Brother Properties Ltd, R (on the application of) v HM Revenue and Customs & Ors [2014] EWHC 1152 (Admin) (15 April 2014)

Rose, R (on the application of) v Thanet Clinical Commissioning Group [2014] EWHC 1182 (Admin) (15 April 2014)

E v Secretary of State for the Home Department [2014] EWHC 1030 (Admin) (15 April 2014)

Gomes, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1169 (Admin) (15 April 2014)

High Court (Chancery Division)

Kaneria v Kaneria & Ors [2014] EWHC 1165 (Ch) (15 April 2014)

Christophorus 3 Ltd & Anor, Re [2014] EWHC 1162 (Ch) (15 April 2014)

Balevents Ltd & Anor v Sartori [2014] EWHC 1164 (Ch) (15 April 2014)

Briggs & Ors v Gleeds (Head Office) & Ors [2014] EWHC 1178 (Ch) (15 April 2014)

Gaydamak v Leviev [2014] EWHC 1167 (Ch) (15 April 2014)

High Court (Family Division)

P (A Child), Re [2014] EWHC 1146 (Fam) (15 April 2014)

London Borough of Haringey v Musa [2014] EWHC 1200 (Fam) (11 April 2014)

High Court (Queen’s Bench Division)

Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)

Murray v Associated Newspapers Ltd [2014] EWHC 1170 (QB) (15 April 2014)

High Court (Technology and Construction Court)

MT Højgaard A/s v E.ON Climate And Renewables & Ors [2014] EWHC 1088 (TCC) (15 April 2014)

Source: www.bailii.org

Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

Full story

Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk

Callum Wilson murder: Mum Emma Wilson sentence increased – BBC News

‘A mother convicted of beating her 11-month-old son to death has had her “unduly lenient” sentence increased.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News

Posted April 16th, 2014 in assisted reproduction, health, human tissue, judicial review, news by tracey

‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

Baby in Alessandra Pacchieri forced caesarean case adopted – The Guardian

Posted April 16th, 2014 in adoption, birth, children, consent, Court of Protection, Italy, mental health, news by tracey

‘The daughter of an Italian woman who had a forced caesarean section while in the UK has been adopted by “good and loving people”, the country’s top family judge has announced.’

Full story

The Guardian, 15th April 2014

Source: www.guardian.co.uk

War Horse musicians lose court bid for reinstatement – The Guardian

Posted April 16th, 2014 in contracts, employment, news, theatre by tracey

‘Five musicians who performed as a live band for four years in the West End production of the National Theatre’s hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were “strong”.’

Full story

The Guardian, 15th April 2014

Source: www.guardian.co.uk

Woman woke up on operating table as surgeons prepared to remove appendix – Daily Telegraph

Posted April 16th, 2014 in damages, hospitals, medical treatment, news, psychiatric damage by tracey

‘A woman who woke up on the operating table as surgeons prepared to remove her appendix but was unable to scream out, has won damages from the hospital responsible for the anaesthetic error.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk