Day: 22 April 2014
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (QB) (16 April 2014)
High Court (Administrative Court)
High Court (Family Division)
S (A Child), Re [2014] EWCC B44 (Fam) (16 April 2014)
Source: www.bailii.org
Briggs and others v Gleeds (Head Office) and others – WLR Daily
Briggs and others v Gleeds (Head Office) and others [2014] EWHC 1178 (Ch); [2014] WLR (D) 174
‘A representation of law could found an estoppel by representation. Estoppel could not be invoked where a document did not even appear to comply with the requirements of section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 on its face or where a document needed to be executed by partners and was stated to be signed, sealed and delivered by each partner but none of those signatures were witnessed. Accordingly members of a pension scheme were not estopped from denying that defective deeds were validly executed.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
You don’t just walk away – NearlyLegal
‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’
NearlyLegal, 20th April 2014
Source: www.nearlylegal.co.uk
High Court overturns “unlawful” Legal Ombudsman decision to cut firm’s fees – Legal Futures
‘The High Court has struck down an “unlawful and irrational” Legal Ombudsman (LeO) decision to reduce a law firm’s fee and compensate its client for distress and inconvenience.’
Legal Futures, 22nd April 2014
Source: www.legalfutures.co.uk
Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog
‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’
UK Human Rights Blog, 18th April 2014
Source: www.ukhumanrightsblog.com
What is the legacy of the Education Act, 70 years on? – The Guardian
‘Rab Butler’s 1944 reforms gave teachers autonomy but schools’ freedom today comes with strings attached’
The Guardian, 22nd April 2014
Source: www.guardian.co.uk
Walter Doe jailed for cutting puppy’s tail off, leaving animal in ‘excruciating pain’ – The Independent
‘A man has been sentenced to twelve weeks imprisonment for cutting off an eight-week-old puppy’s tail using a sharp tool.’
The Independent, 16th April 2014
Source: www.independent.co.uk
Are universities breaking consumer protection laws? – The Guardian
‘Institutions making last-minute changes to courses have prompted an inquiry by the competition authorities.’
The Guardian, 22nd April 2014
Source: www.guardian.co.uk
Planning Court launch marks start of government’s judicial review reforms – Litigation Futures
‘The first stage of the government’s reforms to judicial review – the creation of a Planning Court for England and Wales – has come into operation with the aim of speeding up the court process and reducing delays to hundreds of infrastructure projects.’
Litigation Futures, 22nd April 2014
Source: www.litigationfutures.com
Woman convicted over ‘love rat’ posters – Daily Telegraph
‘Woman sentenced to 18-month conditional discharge for distributing posters of her ex-boyfriend claimIing that he is a ‘love rat’.’
Daily Telegraph, 22nd April 2014
Source: www.telegraph.co.uk
Gonna get myself arrested – NearlyLegal
‘Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.’
NearlyLegal, 18th April 2014
Source: www.nearlylegal.co.uk
Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association
‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’
UK Constitutional Law Association, 18th April 2014
Source: www.ukconstitutionallaw.org
Illegal abortion doctors face no action – Daily Telegraph
‘Doctors who illegally signed dozens of abortion consent forms will not be disciplined, as MPs say this is evidence of the UK’s ‘abortion on demand’ culture.’
Daily Telegraph, 22nd April 2014
Source: www.telegraph.co.uk
Male employees sue university for alleged sexual discrimination, claiming unequal pay to women – The Independent
’26 men are suing a Welsh university over allegations that they have been victims of sexual discrimination in the work place and received unequal pay to their female counterparts.’
The Independent, 18th April 2014
Source: www.independent.co.uk
Fiddler under the roof – NearlyLegal
‘A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.’
NearlyLegal, 20th April 2014
Source: www.nearlylegal.co.uk
Has the Weller case created an image right in relation to the facial expressions of children – RPC Privacy Law
‘The singer Paul Weller, acting on behalf of three of his children, was successful in his privacy action against Associated Newspapers Limited (ANL) in relation to seven unpixellated photographs of the children and their father out shopping on a public street and relaxing in a café in Los Angeles. The photographs, in particular, showed the faces of all three children. They were published on Mail Online on 21 October 2012.’
RPC Privacy Law, 17th April 2014
Source: www.rpc.co.uk
‘Dodgy directors’: Tougher sanctions could see them paying compensation – The Independent
‘The Government is to introduce a law imposing tougher penalties on “rogue and reckless” company directors that could see them paying compensation to victims.’
The Independent, 19th April 2014
Source: www.independent.co.uk
Father wins damages after social worker falsely accused him of abusing daughter – Daily Telegraph
‘A father was arrested and banned from seeing his six-year-old daughter after a social workers falsely accused him of child abuse.’
Daily Telegraph, 22nd April 2014
Source: www.telegraph.co.uk
