Savile estate cash ‘to go to lawyers, not victims’ – BBC News

Posted July 31st, 2014 in charities, compensation, fees, legal profession, news, victims by michael

‘A charity set up by Jimmy Savile has warned a compensation scheme for the sex abuser’s victims could result in millions being paid in lawyers’ fees.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Barristers can be fearless, but they must keep to the rules – The Guardian

‘How fearless can a barrister afford to be when representing a defendant at a criminal trial? That was the question I asked here exactly six months ago. The answer, we learned this week, is not as fearless as Lawrence McNulty was when he represented Munir Farooqi at a terrorist trial in the summer of 2011. A disciplinary tribunal of the inns of court has now convicted McNulty on four charges of professional misconduct arising from Farooqi’s trial, while acquitting the barrister of a fifth’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

‘Toilet phone’ teacher Andrew Eades gets life ban – BBC News

Posted July 31st, 2014 in disciplinary procedures, disqualification, news, teachers, voyeurism by michael

‘A teacher who set his mobile phone to record in a secondary school’s toilets has been banned from the profession for life.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Transgender person’s claim for female state pension rejected by appeal court – The Guardian

‘A transgender person’s claim to be entitled to receive the female state pension at the age of 60 has been rejected by the appeal court.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

Kevin Chambers jailed after Llandudno door banging death – BBC News

Posted July 31st, 2014 in harassment, homicide, news, offensive weapons, sentencing by michael

‘A hammer-wielding drug addict has been jailed after a woman suffered a heart attack and died when she was terrorised in her own home.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Driver jailed for killing a man while using two mobiles – The Guardian

Posted July 31st, 2014 in dangerous driving, homicide, news, sentencing, telecommunications by michael

‘A driver who killed a man while using two mobile phones behind the wheel has been jailed by a judge who branded such crimes “a plague on society”.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

George Galloway’s ex-aide discharged over data breach – BBC News

‘A former aide to George Galloway MP who admitted obtaining personal data illegally has received a 12-month conditional discharge.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 31st, 2014 in law reports by michael

Supreme Court

Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49 (30 July 2014)

David T Morrison & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd & Ors (Scotland) [2014] UKSC 48 (30 July 2014)

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014)

Court of Appeal (Civil Division

R, Re [2014] EWCA Civ 1110 (31 July 2014)

IG Index Ltd v Cloete [2014] EWCA Civ 1128 (31 July 2014)

Hussein v Secretary of State for Defence [2014] EWCA Civ 1087 (31 July 2014)

Landau v The Big Bus Company Ltd & Anor [2014] EWCA Civ 1102 (31 July 2014)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2014] EWCA Civ 714 (31 July 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor [2014] EWCA Civ 1106 (31 July 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 (31 July 2014)

Young v Anglo American South Africa Ltd & Ors [2014] EWCA Civ 1130 (31 July 2014)

Wagenaar v Weekend Travel Limited (t/a Ski Weekend) [2014] EWCA Civ 1105 (31 July 2014)

MB v Secretary of State for Work And Pensions [2014] EWCA Civ 1112 (31 July 2014)

Rawlinson And Hunter Trustees S.A. & Ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129 (31 July 2014)

Drysdale v The Department of Transport (The Maritime And Coastguard Agency) [2014] EWCA Civ 1083 (31 July 2014)

Buer, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1109 (31 July 2014)

Khan v Royal Mail Group Ltd & Ors [2014] EWCA Civ 1082 (30 July 2014)

Regent Wealth Ltd & Ors v Wiggins [2014] EWCA Civ 1078 (30 July 2014)

Aster Communities Ltd v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014)

Sebastian Holdings, Inc v Deutsche Bank AG [2014] EWCA Civ 1100 (30 July 2014)

Sunico A/S & Ors v Revenue And Customs [2014] EWCA Civ 1108 (30 July 2014)

Browning v The Information Commissioner the Department for Business, Innovation and Skills [2014] EWCA Civ 1050 (30 July 2014)

HM Revenue and Customs v Lloyds TSB Equipment Leasing (No 1) Ltd [2014] EWCA Civ 1062 (30 July 2014)

H, Re [2014] EWCA Civ 1101 (29 July 2014)

Patel v Mirza [2014] EWCA Civ 1047 (29 July 2014)

Lim (An Infant) v Walia [2014] EWCA Civ 1076 (29 July 2014)

Kanu v London Borough of Southwark [2014] EWCA Civ 1085 (29 July 2014)

Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 (29 July 2014)

Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063 (29 July 2014)

Rotherham Borough Council & Ors, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080 (28 July 2014)

W (Children) [2014] EWCA Civ 1065 (25 July 2014)

DE v AB [2014] EWCA Civ 1064 (24 July 2014)

CLP Holding Company Ltd v Singh & Anor [2014] EWCA Civ 1103 (31 July 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 31st, 2014 in legislation by michael

The Data Retention Regulations 2014

The Judicial Appointments and Discipline (Addition of Office) Order 2014

The Immigration and Nationality (Fees) (Consequential Amendments) Order 2014

The Green Deal (Qualifying Energy Improvements) (Amendment) Order 2014

The Local Audit (Delegation of Functions) and Statutory Audit (Delegation of Functions) Order 2014

The Port Security (Port of Rosyth) Designation Order 2014

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) (No. 2) Regulations 2014

The Diocese of Bath and Wells (Educational Endowments) (Newbridge St. John’s Church of England Infants’ School) Order 2014

The Legislative Reform (Patents) Order 2014

Source: www.legislation.gov.uk

Supreme Court calls time on Greek yoghurt food fight – The Lawyer

Posted July 31st, 2014 in appeals, costs, food, injunctions, intellectual property, news, Supreme Court by michael

‘The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.’

Full story

The Lawyer, 30th July 2014

Source: www.thelawyer.com

Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Browning v Information Commissioner and Another – WLR Daily

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Ashraf v General Dental Council – WLR Daily

Ashraf v General Dental Council [2014] EWHC 2618 (Admin);  [2014] WLR (D) 342

‘Whilst it was not inherently unfair for a regulator to pursue disciplinary charges against a professional where he had been acquitted of substantially the same charges in the criminal courts, that did not mean that there would not be circumstances in which it might well be unfair to proceed.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

MacLeod and others v Gold Harp Properties Ltd – WLR Daily

Posted July 31st, 2014 in appeals, land registration, law reports, rectification by michael

MacLeod and others v Gold Harp Properties Ltd [2014] EWCA Civ 1084;  [2014] WLR (D) 345

‘Paragraph 8 of Schedule 4 to the Land Registration Act 2002 permitted the rectification of the land register where there were two competing derivative interests, the first of which had been mistakenly omitted or removed from the register, the second of which had been created during the period of mistaken deregistration and before the rectification of the register by the restoration of the first interest, so that the priority of the interests was changed in order that the first interest upon restoration was given the priority it would have had but for the mistake.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Regina v Martin (Dwain) and Another – WLR Daily

Posted July 31st, 2014 in appeals, crime, drug offences, law reports by michael

Regina v Martin (Dwain) and Another [2014] WLR (D)  341

‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’

WLR Daily, 25th July 2014

Source: www.iclr.co.uk

Charity Commission for England and Wales v Framjee and Another – WLR Daily

Posted July 31st, 2014 in charities, Charity Commission, law reports, trusts by michael

Charity Commission for England and Wales v Framjee and another [2014] EWHC 2507 (Ch);  [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph

Posted July 31st, 2014 in data protection, EC law, internet, news, privacy by michael

‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Council chief reprimanded over use of n-word – BBC News

Posted July 31st, 2014 in local government, news, racism by michael

‘The deputy leader of Powys Council has been “severely reprimanded” for using racially offensive language at a council meeting.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk