Recent Statutory Instruments –

Posted July 1st, 2014 in legislation by sally

The Serious Crime Act 2007 (Specified Anti-fraud Organisations) Order 2014

The Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014

The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2014

The Criminal Procedure Rules 2014

The Pensions Act 2011 (Commencement No. 5) Order 2014

The Electricity and Gas (Billing) Regulations 2014

The Energy Savings Opportunity Scheme Regulations 2014

The Code of Practice (Handling in a Reasonable Manner Requests to Work Flexibly) Order 2014


BAILII: Recent Decisions

Posted July 1st, 2014 in law reports by sally

Supreme Court

Nicklinson & Anor R (on the application of) [2014] UKSC 38 (25 June 2014)

Court of Appeal (Criminal Division)

Ashford & Ors v Southampton City Council [2014] EWCA Crim 1244 (25 June 2014)

Langley, R v [2014] EWCA Crim 1284 (12 June 2014)

Court of Appeal (Civil Division)

CF Asset Finance Ltd v Okonji [2014] EWCA Civ 870 (24 June 2014)

Akhtar v Boland [2014] EWCA Civ 872 (25 June 2014)

J (A Child) [2014] EWCA Civ 875 (27 June 2014)

Interfish Ltd v Revenue And Customs [2014] EWCA Civ 876 (27 June 2014)

EV (Philippines) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 874 (26 June 2014)

A (A Child) [2014] EWCA Civ 871 (26 June 2014)

Temur v London Borough of Hackney [2014] EWCA Civ 877 (26 June 2014)

High Court (Queen’s Bench Division)

Barclay Pharmaceuticals Ltd v OPD Laboratories Ltd & Ors [2014] EWHC 1977 (QB) (18 June 2014)

Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)

RMJ v The Secretary of State for the Home Department [2014] EWHC 2048 (QB) (24 June 2014)

High Court (Chancery Division)

Group Seven Ltd & Anor v Allied Investment Corporation Ltd & Ors [2014] EWHC 2046 (Ch) (26 June 2014)

Swynson Ltd & Anor v Lowick Rose Llp [2014] EWHC 2085 (Ch) (30 June 2014)

American Leisure Group Ltd v Garrard & Ors [2014] EWHC 2101 (Ch) (26 June 2014)

Fibria Celulose S/A v Pan Ocean Co. Ltd & Anor [2014] EWHC 2124 (Ch) (30 June 2014)


France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

Full story

UK Human Rights Blog, 1st July 2014


Law Commission clarifies law on pension trust investment – Law Commission

Posted July 1st, 2014 in Law Commission, news, pensions, reports, trusts by sally

‘Pension fund trustees do not have to “maximise returns” in the short-term at the expense of risks over the longer term, according to a report published today by the Law Commission.’

Full story

Law Commission, 1st July 2014


Environmental offences guideline comes into force – Sentencing Council

Posted July 1st, 2014 in environmental protection, news, sentencing, waste by sally

‘The new guideline for environmental offences comes into force today. It covers a variety of offences related to the disposal of waste and rubbish, mostly covered by the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010.’

Environmental Offences: Definitive Guidelines (PDF)

Sentencing Council, 1st July 2014


Unintended consequences of family justice reform – Family Law Week

‘Byron James, barrister, Fourteen considers some of the less publicised consequences of the reform of the family justice system.’

Full story

Family Law Week, 27th June 2014


Women in the Judiciary – Lady Hale

Posted July 1st, 2014 in diversity, judiciary, speeches, women by sally

Women in the Judiciary (PDF)

Lady Hale

Fiona Woolf Lecture for the Women Lawyers’ Division of the Law Society, 27th June 2014


Culture of the Public Domain – A Good Thing? – UCL

Posted July 1st, 2014 in copyright, intellectual property, internet, speeches by sally

‘Speakers: Professor Hugh Hansen, Fordham Law School.’


UCL, 25th June 2014


Should prisoners have the right to vote? – Halsbury’s Law Exchange

Posted July 1st, 2014 in elections, human rights, news, prisons, select committees, treaties by sally

‘Since 1969 no convicted prisoner in the UK has been allowed to vote. This prohibition was imposed, without debate, by the Representation of the People Act 1969. For two years before that there was no statutory bar to prisoners voting by post, albeit that there were, in many cases, administrative restrictions that prevented them from doing so.’

Full story

Halsbury’s Law Exchange, 30th June 2014


Paul O’Hara jailed for whole-life term over second girlfriend’s murder – BBC News

Posted July 1st, 2014 in domestic violence, murder, news, recidivists, sentencing by sally

‘A man has been given a whole-life prison sentence for murdering his girlfriend a year after his release for killing a previous partner.’

Full story

BBC News, 30th June 2014


Son sues mother after she squanders £50,000 July 7 compensation payout – Daily Telegraph

Posted July 1st, 2014 in appeals, compensation, families, news by sally

‘Adam Gray, whose father died in the London Underground bombings, took legal action against his mother, Louise, who lavished the money on home renovations, seven chihuahuas and meals at the Ritz.’

Full story

Daily Telegraph, 30th June 2014


Barristers lay out plans for range of new entities – Legal Futures

Posted July 1st, 2014 in alternative business structures, barristers, news by sally

‘Barristers are looking at creating a wide range of legal businesses – with solicitors, paralegals and others – once the Bar Standards Board’s (BSB) application to become an entity regulator is approved, it has emerged.’

Full story

Legal Futures, 1st July 2014


Bad reviews and a future of bunk beds – NearlyLegal

Posted July 1st, 2014 in appeals, homelessness, housing, judgments, news by sally

‘This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come to a finding which is substantially worse for the applicant that the original s.184 decision; ii) whether a review officer should conduct a hazard assessment (Housing Act 2004) when considering whether it is reasonable for an applicant to occupy their accommodation; and iii) how far should a review officer look to the future when considering whether the applicant is homeless.’

Full story

NearlyLegal, 30th June 2014


High Court upholds refusal of residential consent at site designated for mixed-use scheme –

Posted July 1st, 2014 in housing, local government, news, planning by sally

‘A High Court judge has upheld Reading Council’s decision to refuse consent for a plan to build a residential development on a site designated in local planning documents for a mixed-use scheme.’

Full story, 30th June 2014


Legal aid child residence tests breach international rights, say MPs and peers – The Guardian

‘Depriving children of legal representation by introducing a residence test is in breach of their international rights, a parliamentary committee has warned.’

Full story

The Guardian, 30th June 2014


More than 1,000 children under 10 stopped and searched in five years – The Guardian

Posted July 1st, 2014 in children, inquiries, news, reports, statistics, stop and search by sally

‘More than 1,000 children under the age of 10 – and some as young as four – have been stopped and searched by the police in England and Wales over the past five years, according to official figures.’

Full story

The Guardian, 1st July 2014