Recent Statutory Instruments – legislation.gov.uk

Posted July 7th, 2014 in legislation by sally

The Defence Reform Act 2014 (Commencement No. 1) Order 2014

The Intellectual Property Act 2014 (Commencement No.1) Order 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 3) Order 2014

Source: www.legislation.gov.uk

New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

Full story

Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted July 7th, 2014 in law reports by sally

Supreme Court

Whiston, R (on the application of) [2014] UKSC 39 (2 July 2014)

Henderson v Foxworth Investments Limited & Anor [2014] UKSC 41 (2 July 2014)

The Manchester Ship Canal Company Ltd & Anor v United Utilities Water Plc [2014] UKSC 40 (2 July 2014)

Court of Appeal (Civil Division)

Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 (04 July 2014)

Novoship (UK) Ltd & Ors v Nikitin & Ors [2014] EWCA Civ 908 (04 July 2014)

High Court (Queen’s Bench Division)

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & Anor [2014] EWHC 2178 (QB) (04 July 2014)

High Court (Administrative Court)

Reilly (No. 2) & Anor, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2182 (Admin) (04 July 2014)

Rotary Yorkshire Ltd v Hague (HM’s Health & Safety Inspectors) [2014] EWHC 2126 (Admin) (04 July 2014)

High Court (Chancery Division)

Electrosteel Castings (UK) Ltd v Metalpol Ltd [2014] EWHC 2017 (Ch) (04 July 2014)

MF Global UK Ltd, Re Investment Bank Special Administration Regulations 2011 [2014] EWHC 2222 (Ch) (04 July 2014)

Blue Tropic Ltd & Anor v Chkhartishvili [2014] EWHC 2243 (Ch) (07 July 2014)

Setchim & Anor v Secretary of State for Foreign & Commonwealth Affairs & Ors [2014] EWHC 2218 (Ch) (04 July 2014)

High Court (Family Division)

T (Children) [2014] EWHC 2164 (Fam) (16 June 2014)

High Court (Commercial Court)

Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd [2014] EWHC 2197 (Comm) (04 July 2014)

Source: www.bailii.org

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

Full story

Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

The UT Repays Again – NearlyLegal

Posted July 7th, 2014 in appeals, landlord & tenant, licensing, news, rent, repayment, tribunals, utilities by sally

The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

Full story

UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

Full story

Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange

‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’

Full story

Halsbury’s Law Exchange, 7th July 2014

Source: www.halsburyslawexchange.co.uk

Marriage certificate could include mothers’ name – BBC News

Posted July 7th, 2014 in documents, equality, marriage, names, news by sally

‘Mothers’ names could be included on marriage certificates in England and Wales, under plans being considered by the Home Office.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

Westminster child abuse allegations: Government to set up ‘wide-ranging’ inquiry – The Independent

Posted July 7th, 2014 in child abuse, government departments, inquiries, news, police by sally

‘The Home Secretary Theresa May will this afternoon back down and announce that the Government is planning to set up a “wide-ranging” inquiry into historic sex abuse claims.’

Full story

The Independent, 7th July 2014

Source: www.independent.co.uk

Copycat government websites targeted in crackdown on hoaxers – The Independent

Posted July 7th, 2014 in complaints, consumer protection, fees, fraud, internet, news, passports by sally

‘A crackdown on hoaxers who trick people out of money via copycat government websites has been launched as the Coalition takes action following thousands of complaints over the practice.’

Full story

The Independent, 7th July 2014

Source: www.independent.co.uk

Hull mum Kerry Abel jailed over toddler son’s drowning – BBC News

‘The mother of a toddler, who drowned in a bath in Hull, has been sentenced to three years in prison for his manslaughter.’

Full story

BBC News, 4th July 2014

Source: www.bbc.co.uk

Ministers push for new legislation to track phone usage – The Guardian

‘Ministers are poised to pass emergency laws to require phone companies to log records of phone calls, texts and internet usage, but Labour and Liberal Democrats are warning that they will not allow any new law to become a backdoor route to reinstating a wider “snooper’s charter”.’

Full story

The Guardian, 6th July 2014

Source: www.guardian.co.uk