R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Khaira and others (Respondents) v. Shergill and others (Appellants) – Supreme Court

Posted June 13th, 2014 in law reports, Sikhism, succession, trusts by sally

Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Vanity cases? – New Law Journal

‘Employees & cosmetic surgery: Sarah Johnson reports.’

Full story

11th June 2014

Source: www.newlawjournal.co.uk

Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP, analyse the financial remedies and divorce news and cases published in May.’

Full story

Family Law Week, 12th June 2014

Source: www.familylawweek.co.uk

Harb v Prince Fahd Bin Abdul Aziz – WLR Daily

Posted June 13th, 2014 in law reports, state immunity, succession by sally

Harb v Prince Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch); [2014] WLR (D) 248

‘A former head of state, regardless of how he ceased to hold office, only enjoyed immunity from suit in respect of official acts during his tenure in post. Therefore, where a sovereign ceased to be head of state on his death, the immunity enjoyed by his estate did not extend to matters of a private nature.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Scotland and another v British Credit Trust Ltd – WLR Daily

Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252

‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’

WLR Daily, 10th June 2014

Source: www.iclr.co.uk

Regina v Bina – WLR Daily

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Kruppa v Benedetti and another – WLR Daily

Posted June 13th, 2014 in arbitration, interpretation, jurisdiction, law reports by sally

Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250

‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 13th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Okedare, R v [2014] EWCA Crim 1173 (15 May 2014)

High Court (Administrative Court)

Lord Mayor And Citizens of the City of Westminster v The Secretary of State for Communities And Local Government & Anor [2014] EWHC 1234 (Admin) (10 June 2014)

Clark v Secretary of State for the Home Department & Anor [2014] EWHC 1879 (Admin) (10 June 2014)

Parmer v Secretary of State for the Home Department [2014] EWHC 1204 (Admin) (27 January 2014)

Mujaranji, R (On the Application Of) v Secretary of state For the home department [2012] EWHC 4408 (Admin) (18 May 2012)

High Court (Commercial Court)

Kruppa v Benedetti & Anor [2014] EWHC 1887 (Comm) (11 June 2014)

High Court (Technology and Construction Court)

Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)

Source: www.bailii.org

On the naughty step: The unacceptable face of London landlords – NearlyLegal

Posted June 13th, 2014 in benefits, housing, landlord & tenant, leases, news, rent, unfair contract terms by sally

‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’

Full story

NearlyLegal, 12th June 2014

Source: www.nearlylegal.co.uk

Offenders caught with knife a second time could face six months in jail – The Guardian

Posted June 13th, 2014 in news, offensive weapons, sentencing by sally

‘A plan to jail any offender caught in possession of a knife for a second time is likely to pass into law next week after the Conservatives announced they are to defy the Liberal Democrats to support the measure.’

Full story

The Guardian, 12th June 2014

Source: www.guardian.co.uk

Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com

Posted June 13th, 2014 in customs and excise, fraud, judicial review, news, search & seizure, taxation by sally

‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’

Full story

OUT-LAW.com, 12th June 2014

Source: www.out-law.com

BSB bids to improve barristers’ reporting of certain diversity data – from abysmal to awful – Legal Futures

Posted June 13th, 2014 in barristers, diversity, news, statistics by sally

‘The Bar Standards Board has set itself a minimum target of 30% for diversity data collection from barristers on sexuality, religion and disability.’

Full story

Legal Futures, 13th June 2014

Source: www.legalfutures.co.uk

‘Monster’ sergeant major jailed for sexually assaulting lesbian soldier – Daily Telegraph

Posted June 13th, 2014 in armed forces, courts martial, news, sentencing, sexual offences by sally

‘A “monster” sergeant major has been jailed for two-and-a-half years for sexually assaulting a lesbian soldier following a drink-fuelled party, in an attack which left her considering suicide.’

Full story

Daily Telegraph, 12th June 2014

Source: www.telegraph.co.uk

Appeal court raises murder jail term of Adam Singer – BBC News

Posted June 13th, 2014 in appeals, domestic violence, murder, news, sentencing by sally

‘A father who killed his ex-girlfriend while their young daughter slept upstairs has had his minimum jail term increased at the Court of Appeal to 23 years.’

Full story

BBC News, 12th June 2014

Source: www.bbc.co.uk

Trial of AB and CD part of creeping move towards secret justice – The Guardian

‘The case of AB and CD has been widely described as “Britain’s first secret trial”. It would be more accurately described as the latest of a number of creeping moves towards secret justice.’

Full story

The Guardian, 12th June 2014

Source: www.guardian.co.uk