Month: May 2014
In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily
‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’
WLR Daily, 15th May 2014
Source: www.iclr.co.uk
Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily
‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily
‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
O’Connell v Rollings & Ors (Administrators of Musion Systems Ltd) [2014] EWCA Civ 639 (21 May 2014)
Darby & Darby (A Firm) v Joyce [2014] EWCA Civ 677 (20 May 2014)
Hines v London Borough of Lambeth [2014] EWCA Civ 660 (20 May 2014)
Northumbrian Water Ltd v McAlpine Ltd [2014] EWCA Civ 685 (20 May 2014)
SA (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 683 (20 May 2014)
Court of Appeal (Criminal Division)
Liverpool & Anor v R. [2014] EWCA Crim 1001 (20 May 2014)
Family Court Decisions (other Judges)
D (Children) [2014] EWFC B57 (20 May 2014)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
AVB v TDD [2014] EWHC 1663 (QB) (20 May 2014)
Source: www.bailii.org
Jackson rules High Court erred in refusing more time – Law Society’s Gazette
‘Lord Justice Jackson, architect of the civil justice reforms, has overturned a High Court decision which wrongly interpreted his own changes to the system.’
Law Society’s Gazette, 19th May 2014
Source: www.lawgazette.co.uk
Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette
‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’
Law Society’s Gazette, 20th May 2014
Source: www.lawgazette.co.uk
Former sniper Danny Nightingale loses bid to overturn conviction – BBC News
‘Former SAS sniper Danny Nightingale has lost his latest bid against his conviction for illegally possessing a gun and ammunition.’
BBC News, 20th May 2014
Source: www.bbc.co.uk
UK man who fought in Syria is first to be convicted of terror offences related with the conflict – Daily Telegraph
‘A man whose wife told him to “go die in battlefield” in a text message as he went off to fight in Syria has become the first person in the UK to be convicted of terrorist offences in connection with the conflict.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
Businesses win riot damage ruling at Court of Appeal – BBC News
‘Businesses whose property is damaged in riots can recover “consequential” losses stemming from the incident, the Court of Appeal has ruled. Previously it was believed compensation payable by police under the Riot Act was limited to physical damage.’
BBC News, 20th May 2014
Source: www.bbc.co.uk
Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph
‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
Woman abused by stepfather fights for compensation – Daily Telegraph
‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’
Daily Telegraph, 21st May 2014
Source: www.telegraph.co.uk
Joss Stone murder plotters’ jail sentences reduced – The Guardian
‘The jail sentences of two men who plotted to rob and kill the pop singer Joss Stone have been reduced by the appeal court.’
The Guardian, 20th May 2014
Source: www.guardian.co.uk
Will there be reform for cohabiting couples? – Halsbury’s Law Exchange
‘The Head of the Family Division, Sir James Munby, recently held a press conference where he addressed the wide ranging reforms of the family justice system that came into force on 22 April 2014. He was also asked to look to the future.’
Halsbury’s Law Exchange, 20th May 2014
Source: www.halsburyslawexchange.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Swarovski-Optik Kg v Leica Camera Ag & Anor [2014] EWCA Civ 637 (15 May 2014)
G (a child), Re [2014] EWCA Civ 680 (19 May 2014)
London Borough of Newham v Ali & Ors [2014] EWCA Civ 676 (19 May 2014)
Hallam Estates Ltd & Anor v Baker [2014] EWCA Civ 661 (19 May 2014)
High Court (Queen’s Bench Division)
Ashton & Ors v The Ministry of Justice [2014] EWHC 1624 (QB) (16 May 2014)
High Court (Chancery Division)
Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 1553 (Ch) (19 May 2014)
Family Court Decisions (other Judges)
H (Revocation of Placement Order) [2014] EWFC B56 (16 May 2014)
Source: www.bailii.org
Wrongfully convicted man Victor Nealon gets apology – BBC News
‘A man who spent 17 years behind bars wrongfully convicted of attempted rape has received an apology from a body set up to examine miscarriages of justice.’
BBC News, 20th May 2014
Source: www.bbc.co.uk
Hire purchase agreement not necessarily supply of goods at the outset, UK tax tribunal rules – OUT-LAW.com
‘Hire purchase (HP) agreements will not necessarily amount to a supply of goods for the purposes of VAT liability at the outset of the contract, the UK’s Upper Tax Tribunal has ruled.’
OUT-LAW.com, 19th May 2014
Source: www.out-law.com
Prison for a day – the real issues continue to be ignored – Halsbury’s Law Exchange
‘Last week we read that the Centre for Social Justice, a think tank set up by Iain Duncan Smith, has promulgated a new approach to sentencing, based on an American model. Those of you who are not of tender years will recall another approach to sentencing we took from the Americans – the sentencing guidelines; look how well they have turned out.’
Halsbury’s Law Exchange, 19th May 2014
Source: www.halsburyslawexchange.co.uk
