May 2014 – Page 9 – Current Awareness

BAILII: Recent Decisions

Posted May 17th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

AS v R. [2014] EWCA Crim 927 (14 May 2014)

Attorney General Reference No 16 of 2014 [2014] EWCA Crim 956 (07 May 2014)

Court of Appeal (Civil Division)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 576 (14 May 2014)

Lakatamia Shipping Company Ltd v Su & Ors [2014] EWCA Civ 636 (14 May 2014)

JSC BTA Bank v (Ablyazov & Ors [2014] EWCA Civ 602 (14 May 2014)

Bank St Petersburg Ojsc & Anor v Arkhangelsky & Ors (Rev 1) [2014] EWCA Civ 593 (14 May 2014)

Thompson v James [2014] EWCA Civ 600 (14 May 2014)

Marks And Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2014] EWCA Civ 603 (14 May 2014)

Burry & Knight Ltd & Anor v Knight [2014] EWCA Civ 604 (14 May 2014)

Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652 (15 May 2014)

Stoute v LTA Operations Ltd (t/a Lawn Tennis Association) [2014] EWCA Civ 657 (15 May 2014)

DA (Iran), R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 654 (15 May 2014)

AE (Algeria) v Secretary of State for the Home Department [2014] EWCA Civ 653 (15 May 2014)

High Court (Queen’s Bench Division)

Wissa v Associated Newspapers Ltd [2014] EWHC 1518 (QB) (14 May 2014)

Groves v Studley [2014] EWHC 1522 (QB) (14 May 2014)

Cutting v Islam [2014] EWHC 1515 (QB) (14 May 2014)

Bright v Motor Insurers’ Bureau [2014] EWHC 1557 (QB) (15 May 2014)

High Court (Chancery Division)

Twentieth Century Fox Film Corporation & Ors v Harris & Ors [2014] EWHC 1568 (Ch) (16 May 2014)

Hannon & Anor v News Group Newspapers Ltd & Anor [2014] EWHC 1580 (Ch) (16 May 2014)

Source: www.bailii.org

Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

Posted May 17th, 2014 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, families, human rights, local government, news by sally

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

Man who drove into lollipop lady found guilty of driving without due care – The Guardian

Posted May 17th, 2014 in accidents, driving without due care & attention, fines, news by sally

‘A motorist who ploughed into a lollipop lady and a group of children outside a primary school during a coughing fit has been found guilty of driving without due care and attention.’

The Guardian, 16th May 2014

Source: www.guardian.co.uk

Inheritance and Trustees’ Powers Act 2014

Posted May 17th, 2014 in legislation by sally

Inheritance and Trustees’ Powers Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Pensions Act 2014

Posted May 17th, 2014 in legislation by sally

Pensions Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

House of Lords Reform Act 2014

Posted May 17th, 2014 in legislation by sally

House of Lords Reform Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Defence Reform Act 2014

Posted May 17th, 2014 in legislation by sally

Defence Reform Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Water Act 2014

Posted May 17th, 2014 in legislation by sally

Water Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 17th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Global Vision College Ltd, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 659 (15 May 2014)

Surrey County Council v S [2014] EWCA Civ 601 (15 May 2014)

Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634 (14 May 2014)

High Court (Queen’s Bench Division)

SPA v TAS [2014] EWHC 1512 (QB) (14 May 2014)

Finglands Coachways Ltd v O’Hare [2014] EWHC 1513 (QB) (14 May 2014)

AB v Regional Court In Poznan, Poland [2014] EWHC 1560 (QB) (15 May 2014)

High Court (Chancery Division)

Gabb v Earthly Energy Ltd [2014] EWHC 1576 (Ch) (02 May 2014)

High Court (Administrative Court)

W & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1532 (Admin) (15 May 2014)

Bar Standards Board, R (on the application of) v Disciplinary Tribunal of the Council of the Inns of Court & Anor [2014] EWHC 1570 (Admin) (16 May 2014)

Harrogate Borough Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 1506 (Admin) (13 May 2014)

High Court (Technology and Construction Court)

Travis Perkins Trading Company Ltd v Caerphilly County Borough Council [2014] EWHC 1498 (TCC) (15 May 2014)

Family Court Decisions (High Court Judges)

L v C (Applications by non-biological mother) [2014] EWFC 1 (02 May 2014)

Solovyev v Solovyeva [2014] EWFC 1546 (15 May 2014)

High Court (Patents Court)

Actavis UK Ltd & Ors v Eli Lilly & Company [2014] EWHC 1511 (Pat) (15 May 2014)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 1559 (Pat) (15 May 2014)

Source: www.bailii.org

Unsted Park ‘self-harm blades’ head teacher cleared – BBC News

Posted May 17th, 2014 in codes of practice, disciplinary procedures, mental health, news, professional conduct, school children, self-harm, teachers by sally

‘A former head teacher who gave a girl at a special school equipment for self-harming has been cleared of unacceptable professional misconduct.’

BBC News, 16th May 2014

Source: www.bbc.co.uk

Here comes the judge – the maverick aiming to tame Britain’s raucous press – The Guardian

Posted May 16th, 2014 in complaints, freedom of expression, judges, media, news by sally

‘Lawyers and fellow judges have queued up to sing the praises of Sir Alan Moses, inaugural chair of the new press regulator.’

The Guardian, 16th May 2014

Source: www.guardian.co.uk

The Killing of Blair Peach – London Review of Books

Posted May 16th, 2014 in coroners, demonstrations, inquests, news, police, reports by sally

‘‘As a campaign meeting, it must have been one of the biggest yet, a hundred National Front supporters, three and a half thousand police and thousands of Asian demonstrators.’ This was the way News at Ten began its report of the clashes in Southall on 23 April 1979, midway through the general election campaign that would end with the victory of Margaret Thatcher. The report contained footage of police officers arresting middle-aged men in turbans, women sitting down in the road and demonstrators with their heads swaddled in bandages. The final images showed around twenty NF supporters, all men, giving Nazi salutes as they went into Southall Town Hall.’

London Review of Books, 22nd May 2014

Source: www.lrb.co.uk

High Court issues proportionality ruling – Litigation Futures

Posted May 16th, 2014 in civil procedure rules, costs, news, personal injuries, proportionality by sally

‘A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.’

Litigation Futures, 16th May 2014

Source: www.litigationfutures.com

Eastenders in Supreme Court: A1P1 filling in the gaps – UK Human Rights Blog

Posted May 16th, 2014 in appeals, costs, Crown Prosecution Service, HM Revenue & Customs, news, proceeds of crime, receivers, remuneration, restraint orders by sally

‘Not Albert Square, but it could be. The Crown Prosecution Service suspect two individuals of a massive duty/VAT fraud in their cash and carry businesses. The CPS go to the Crown Court (in the absence of the individuals) and get an order to appoint a receiver (i.e. a paid manager) to run the affairs of companies (Eastenders) in which the individuals are involved, as well as a restraint order against the individuals. Both receivership and restraint orders are set aside some months later by the Court of Appeal, on the basis that the HMRC investigator’s statements were largely “broad and unsupported assertions”. Problem: by then the receiver had run up £772,547 in fees.’

UK Human Rights Blog, 15th May 2014

Source: www.ukhumanrightsblog.com

Are international students deterred by the UK’s immigration policy? – Halsbury’s Law Exchange

Posted May 16th, 2014 in education, immigration, news, select committees, statistics, universities by sally

‘The Government has been called upon to rethink immigration policy and remove non-EU students from net migration figures in a report published by the House of Lords Science and Technology Committee. The Committee looked specifically at the number of international students in Science, Technology, Engineering and Mathematics (STEM) subjects and whether the UK’s immigration policy has any impact on these numbers. It concludes the Government is simultaneously committed to reducing net migration and attracting increasing numbers of international students, a contradiction which could be removed by excluding students from net migration figures.’

Halsbury’s Law Exchange, 15th May 2014

Source: www.halsburyslawexchange.co.uk

Burglars face tougher punishments if children are in raided house – Daily Telegraph

Posted May 16th, 2014 in burglary, children, news, sentencing, victims by sally

‘Damian Green, the justice minister, says courts should take account of new statements by children and young people setting out how burglary affects them.’

Daily Telegraph, 15th May 2014

Source: www.telegraph.co.uk

Marlon King jailed for 18 months for dangerous driving – BBC News

Posted May 16th, 2014 in dangerous driving, news, sentencing by sally

‘An ex-Premier League footballer who caused a pile-up while eating ice cream at the wheel has been jailed for 18 months for dangerous driving.’

BBC News, 15th May 2014

Source: www.bbc.co.uk

General Medical Council calls for law change after two surgeons escape ban following pregnant woman’s death – Daily Telegraph

Posted May 16th, 2014 in disciplinary procedures, doctors, news, tribunals by sally

‘The seriousness of the incident and subsequent “tragic death” of the mother-of-three warranted the suspension of both doctors’ licence to practise, says head of GMC.’

Daily Telegraph, 15th May 2014

Source: www.telegraph.co.uk

Hertfordshire placenta smoothies firm ban over ‘health risk’ – BBC News

Posted May 16th, 2014 in food, health, human tissue, news by sally

‘A company cannot process raw placentas for new mothers to eat, after a judge ruled it posed a “health risk”.’

BBC News, 16th May 2014

Source: www.bbc.co.uk

Alarm as sexual conviction rate falls six points despite drive for improvements – The Guardian

Posted May 16th, 2014 in news, police, prosecutions, sexual offences, statistics by sally

‘The conviction rate for sex offences has fallen sharply in England and Wales despite drives by the police and prosecutors to put more rape and other sexual assault cases before the courts.’

The Guardian, 15th May 2014

Source: www.guardian.co.uk

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