In re Olympus UK Ltd and others – WLR Daily

Posted May 8th, 2014 in law reports, mergers, regulations, shareholders by tracey

In re Olympus UK Ltd and others; [2014] EWHC 1350 (Ch); [2014] WLR (D) 184

‘A proposed cross-border merger where the shareholders in the transferor company had agreed not to receive shares or other securities in the transferee would be compliant with and effective under the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974).’

WLR Daily, 1st May 2014


Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF; [2014] EWCA Civ 559; [2014] WLR (D) 187

‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’

WLR Daily, 2nd May 2014


Regina (O Twelve Baytree Ltd) v Rent Assessment Panel – WLR Daily

Posted May 8th, 2014 in jurisdiction, landlord & tenant, law reports, leases, tribunals by tracey

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185

‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’

WLR Daily, 16th April 2014


Tchenguiz and another v Director of the Serious Fraud Office – WLR Daily

Posted May 8th, 2014 in civil procedure rules, consent, disclosure, documents, law reports by tracey

Tchenguiz and another v Director of the Serious Fraud Office: [2014] EWHC 1315 (Comm); [2014] WLR (D) 186

‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’

WLR Daily, 29th April 2014


Challenging discretionary housing payments by way of judicial review – Garden Court Chambers Blog

Posted May 8th, 2014 in benefits, housing, judicial review, local government, news, social services by tracey

‘Desmond Rutledge looks at the role discretionary housing payments (DHPs) have assumed in the wake of the Government’s welfare reform programme and examines the scope for challenging DHP decisions.’

Full story

Garden Court Chambers Blog, 7th May 2014


Kaneria’s life ban upheld – Sports Law Bulletin from Blackstone Chambers

Posted May 8th, 2014 in appeals, arbitration, disqualification, news, sport by tracey

‘The Commercial Court has dismissed a challenge by Pakistani international bowler Danish Kaneria to a lifetime ban upheld by the Appeal Panel of the England & Wales Cricket Board’s Disciplinary Commission (“ECB”).’

Full story

Sports Law Bulletin from Blackstone Chambers, 7th May 2014


Police and prison officer killers to face life in prison – Ministry of Justice

Posted May 8th, 2014 in murder, police, press releases, prison officers, sentencing by tracey

‘Anyone who kills a police or prison officer in the course of their duty will face spending the rest of their lives behind bars, Justice Secretary Chris Grayling has announced.’

Full press release

Ministry of Justice, 8th May 2014


Hate crime: Report finds significant progress in reducing hate crime – Home Office

‘The Hate Crime Action Plan documents the government’s work to tackle hate crime.
A report on the progress made in the past 2 years has been published. Achievements include: better education of secondary school pupils, improved recording by police and work with major internet service providers in the UK and USA to reduce the harm caused by hate material on the internet. The report also discusses the spike in anti-Muslim sentiment following the murder of Lee Rigby.’

Full text

Home Office, 7th May 2014


Bar Council to consider Jeffrey report into criminal advocacy – The Bar Council

Posted May 8th, 2014 in barristers, criminal justice, legal profession, press releases, reports by tracey

‘The Bar Council, which represents barristers in England and Wales, will review and consider carefully the findings and recommendations made by Sir Bill Jeffrey in his report, “Independent Criminal Advocacy in England and Wales” published today by the Ministry of Justice.’

Full press release

The Bar Council, 7th May 2014


Recent Statutory Instruments –

Posted May 8th, 2014 in legislation by tracey

The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Department for Work and Pensions) Regulations 2014

The Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2014

The Television Broadcasting Regulations 2014

The Premium Savings Bonds (Maximum Holdings) (Amendment) Regulations 2014


BAILII: Recent Decisions

Posted May 8th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Ahmed v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 566 (07 May 2014)

RB v Brighton & Hove City Council [2014] EWCA Civ 561 (07 May 2014)

HH (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 569 (07 May 2014)

AW Group Ltd v Taylor Walton (a firm) [2014] EWCA Civ 592 (07 May 2014)

Webster & Ors v Mark Liddington & Ors [2014] EWCA Civ 560 (07 May 2014)

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567 (07 May 2014)

Tinkler & Anor v Elliott [2014] EWCA Civ 564 (07 May 2014)

Davies & Anor v Davies [2014] EWCA Civ 568 (07 May 2014)

High Court (Administrative Court)

Best v The Chief Land Registrar & Anor [2014] EWHC 1370 (Admin) (07 May 2014)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency (No. 7) [2014] EWHC 1340 (Admin) (07 May 2014)

High Court (Chancery Division)

FSS Pension Trustees Ltd v The Board of the Pension Protection Fund [2014] EWHC 1397 (Ch) (07 May 2014)

High Court (Commercial Court)

American Overseas Marine Corp v Golar Commodities Ltd [2014] EWHC 1347 (Comm) (07 May 2014)

Kaneria v The English & Wales Cricket Board Ltd [2014] EWHC 1348 (Comm) (06 May 2014)

High Court (Queen’s Bench Division)

Mughal v Telegraph Media Group Ltd [2014] EWHC 1371 (QB) (07 May 2014)


Rules on party political slogans to change amid Rigby row – BBC News

Posted May 8th, 2014 in elections, news, political parties by tracey

‘Rules on the description of political parties will be changed after criticism of the use of a slogan referring to murdered soldier Lee Rigby. The Electoral Commission has apologised to his family for allowing Britain First to put “Remember Lee Rigby” on voting slips in European elections. The watchdog said the use of his name had caused “deep offence and distress”.’

Full story

BBC News, 7th May 2014


Legal Ombudsman and complaints about claims management companies – consultation on the fees framework – Ministry of Justice

Posted May 8th, 2014 in claims management, complaints, consultations, fees, legal ombudsman by tracey

‘In August 2012 the Government announced its intention for customers’ complaints about poor service provided by authorised claims management companies to be dealt with by the Legal Ombudsman. The Legal Ombudsman will provide a new avenue of redress for clients of claims management companies and will assist the Claims Management Regulator in driving out poor standards and practices in the market.

This paper sets out for consultation proposals as to how the costs the Legal Ombudsman will incur in dealing with complaints about authorised claims management companies may be recovered from the authorised claims management industry.’

Full consultation

Ministry of Justice, 7th May 2014


Ajmol Alom murder: Knife warnings as trio jailed – BBC News

Posted May 8th, 2014 in joint enterprise, murder, news, offensive weapons, sentencing, wounding by tracey

‘Three men have been jailed for life for the murder of a “star pupil”. Aspiring doctor Ajmol Alom, 16, was stabbed in the thigh by a masked gang in an unprovoked attack near his home in Poplar, east London, on 12 August. Aminur Nadir Khan, 19, Mashudur Rahman, 22, and Ali Akbar Choudhury, 20, were jailed for a minimum of 23 years.’

Full story

BBC News, 7th May 2014


‘Disquiet’ among judges over lawyer quality, report finds – BBC News

Posted May 8th, 2014 in criminal justice, judiciary, legal profession, reports by tracey

‘There is “disquiet” among judges about the quality of lawyers in England and Wales’s crown courts, a report says. Former civil servant Sir Bill Jeffrey’s report raises concerns about training and the “talent pipeline” for future QCs and judges, and says keeping current arrangements is not “viable”. It also says defence lawyers should get special training before working on rape and other sexual offence cases.’

Full text of report

BBC News, 7th May 2014


Farmer Paul Waterfall cleared over Roger Freeman bull death – BBC News

Posted May 8th, 2014 in animals, Crown Prosecution Service, delay, homicide, negligence, news by tracey

‘A farmer who owned a bull or cow which killed a walker has been cleared of manslaughter by gross negligence..’

Full story

BBC News, 7th May 2014


Chris Grayling orders review of ‘single punch’ killings – Daily Telegraph

Posted May 8th, 2014 in assault, homicide, news, sentencing by tracey

‘Chris Grayling, the Justice Secretary, has ordered a review of the way criminals who kill with a single punch are punished by the courts. The Government’s intervention – which could have a far-reaching impact on the way all types of manslaughter are sentenced – came after judges refused to increase the sentence handed down to an attacker who killed a disabled man.’

Full story

Daily Telegraph, 7th May 2014


Police killers will face ‘life means life’ sentence – Daily Telegraph

Posted May 8th, 2014 in bills, murder, news, prison officers, sentencing by tracey

‘The sentence for criminals who kill a police officer will be increased to the toughest “life means life” tariff under new reforms tabled by the Government.’

Full story

Daily Telegraph, 7th May 2014


Metropolitan Police officers start wearing body cameras – BBC News

Posted May 8th, 2014 in evidence, London, news, pilot schemes, police, video recordings by tracey

‘Met Police officers are to start wearing cameras on their uniforms as part of plans to boost transparency and accelerate convictions.’

Full story

BBC News, 8th May 2014