Enforced Academisation – Education Law Blog

Posted July 15th, 2014 in education, news by tracey

‘A judicial review challenge to an enforced academisation has failed in R (Governing Body of the Warren Comphrehensive School) v Secretary of State for Education [2014] EWHC 2252 (Admin).’

Full story

Education Law Blog, 14th July 2014

Source: www.education11kbw.com

Emergency data retention law could fail same tests as the existing law – OUT-LAW.com

Posted July 15th, 2014 in bills, EC law, electronic mail, news, telecommunications by tracey

‘FOCUS: The new law proposed by the UK government to ensure that telecoms companies keep communications data for a year could be challenged in the same way as the court-revoked law it is replacing.’

Full story

OUT-LAW.com, 15th July 2014

Source: www.out-law.com

Successful A1P1 claims by photovoltaics – Human Rights Blog

Posted July 15th, 2014 in contracts, energy, human rights, news by tracey

‘Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB). This is an important judgment on governmental liability for a rather shabby retrospective change of the rules about subsidies for photovoltaic schemes.’

Full story

UK Human Rights Blog, 13th July 2014

Source: www.ukhumanrightsblog.com

Criminal injuries compensation: a guide – Ministry of Justice

Posted July 15th, 2014 in compensation, criminal injuries compensation, news by tracey

‘A guide to applying for compensation under the Criminal Injuries Compensation Scheme.’

Full text

Ministry of Justice, 14th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Court of Appeal warns of consequences for overly long bundles and skeletons – Litigation Futures

‘The Court of Appeal has hit out forcefully at unnecessarily long bundles and skeleton arguments that are anything but.’

Full story

Litigation Futures, 15th July 2014

Source: www.litigationfutures.com

Guide on Firearms Licensing Law 2014 – Home Office

Posted July 15th, 2014 in firearms, licensing, news by tracey

‘This document provides consolidated guidance on firearms licensing legislation. This guide is not intended to be a definitive statement of the law, but a cohesive explanation of the often complex area of firearms licensing.’

Full guidance

Home Office, 14th July 2014

Source: www.gov.uk/home-office

Lord Chief Justice speech: Dinner for Her Majesty’s Judges – CrimeLine

Posted July 15th, 2014 in judges, judiciary, speeches by tracey

‘Lord Chief Justice speech: Dinner for Her Majesty’s Judges, 9th July.’

Full speech

CrimeLine, 14th July 2014

Source: www.crimeline.info

Recent Statutory Instruments – legislation.gov.uk

Posted July 15th, 2014 in legislation by tracey

The Banking Act 2009 (Exclusion of Investment Firms of a Specified Description) Order 2014

The Banking Act 2009 (Banking Group Companies) Order 2014

The Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) (Amendment) Regulations 2014

The Banking Act 2009 (Restriction of Partial Property Transfers) (Recognised Central Counterparties) Order 2014

The South Sudan (European Union Financial Sanctions) Regulations 2014

The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2014

The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) Order 2014

The Presumption of Death Act 2013 (Commencement and Transitional and Saving Provision) Order 2014

The Taxes (Definition of Charity) (Relevant Territories) (Amendment) Regulations

The Immigration Act 2014 (Specified Anti-fraud Organisation) Order 2014

The Care Quality Commission (Reviews and Performance Assessments) Regulations 2014ion) Order 2014

The Communications Act 2003 (Disclosure of Information) Order 2014

The Water Act 2014 (Commencement No. 1) Order 2014

The Electoral Administration Act 2006 (Commencement No. 2) (Northern Ireland) Order 2014

The Donations to Candidates (Anonymous Registration) Regulations 2014

The Northern Ireland Assembly (Elections) (Amendment) Order 2014

Source: www.legislation.gov.uk

 

Pall Mall Investments (London) Ltd v Gloucester City Council – WLR Daily

Posted July 15th, 2014 in law reports, local government, rates by tracey

Pall Mall Investments (London) Ltd v Gloucester City Council: [2014] EWHC 2247 (Admin); [2014] WLR (D) 301

‘The owner of a non-domestic hereditament which was unoccupied in consequence of its own failure to carry out necessary maintenance and repair, was not entitled to exemption from unoccupied rates pursuant to regulation 4(c) of the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 unless occupation was prohibited by law either expressly or by necessary implication.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

Smithton Ltd v Naggar – WLR Daily

Posted July 15th, 2014 in appeals, company directors, law reports by tracey

Smithton Ltd v Naggar; [2014] EWCA Civ 939; [2014] WLR (D) 306

‘The Court of Appeal set out points of general practical importance in determining whether a person was a de facto director.’

WLR Dail, 10th July 2014

Source: www.iclr.co.uk

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’

WLR Daily, 11th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 15th, 2014 in law reports by tracey

High Court (Administrative Court)

O, R (On the Application Of) v Secretary of State for International Development [2014] EWHC 2371 (Admin) (14 July 2014)

Ilia v Appeal Court In Athens (Greece) & Anor [2014] EWHC 2372 (Admin) (14 July 2014)

Drax Power Ltd, R (On the Application Of) v Secretary of State for Energy And Climate Change [2014] EWHC 2377 (Admin) (14 July 2014)

High Court (Chancery Division)

Thandi v Sands & Ors [2014] EWHC 2378 (Ch) (14 July 2014)

High Court (Patents Court)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

Source: www.bailii.org

Ofcom resolves BBC Daily Politics swearing case – BBC News

Posted July 15th, 2014 in BBC, complaints, media, news, obscenity, ombudsmen by tracey

‘BBC Two’s Daily Politics Show has been cleared by broadcasting watchdog Ofcom after a Conservative MP swore during a live edition of the daytime programme.’

Full story

BBC News, 14th July 2014

Source: www.bbc.co.uk

Hit man jailed for murdering gang boss and shooting accomplice – The Guardian

Posted July 15th, 2014 in attempted murder, attempts, firearms, gangs, murder, news, sentencing by tracey

‘A judge called for an end to a “medieval turf war” on the streets of London as he jailed a hit man for at least 38 years for murdering a gang boss and then shooting his accomplice.’

Full story

The Guardian, 14th July 2014

Source: www.guardian.co.uk

Ethiopian man takes UK to court over resettlement policy – BBC News

Posted July 15th, 2014 in government departments, human rights, judicial review, news by tracey

‘A legal battle has been launched by an Ethiopian citizen who claims the UK has helped to fund a “brutal” resettlement programme in his country. The man, who can only be referred to as “O”, won permission to seek a judicial review at London’s High Court. He wants a ruling that the UK acted unlawfully by providing aid to Ethiopia without assessing its human rights record.’

Full story

BBC News, 14th July 2014

Source: www.bbc.co.uk

Police chiefs end clampdown on whistleblowers to the media – The Guardian

‘Police chiefs have ended a clampdown on whistleblowers to the media with a new code of ethics that puts officers under a “positive obligation” to challenge failings by their colleagues and their bosses.’

Full story

The Guardian, 15th July 2014

Source: www.guardian.co.uk

Women bishops vote welcomed by Archbishop of Canterbury – BBC News

Posted July 15th, 2014 in Church of England, clergy, equality, news, sex discrimination, women by tracey

‘The Archbishop of Canterbury has welcomed the Church of England’s historic vote to allow women to become bishops.’

Full story

BBC News, 15th July 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 14th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Midgley v R [2014] EWCA Crim 1421 (11 July 2014)

Court of Appeal (Civil Division)

Smithton Ltd v Naggar [2014] EWCA Civ 939 (10 July 2014)

Kardi, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 934 (10 July 2014)

Christian v South East London And Kent Bus Company [2014] EWCA Civ 944 (10 July 2014)

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014)

Hamzeh & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 956 (11 July 2014)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2014] EWCA Civ 960 (11 July 2014)

Napier Park European Credit Opportunities Fund Ltd v Harbourmaster Pro-Rata CLO 2 B.V. & Ors [2014] EWCA Civ 984 (11 July 2014)

High Court (Chancery Division)

Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch) (11 July 2014)

High Court (Family Division)

D (Child) [2014] EWHC 2376 (Fam) (20 June 2014)

BE v DE [2014] EWHC 2318 (Fam) (24 June 2014)

High Court (Queen’s Bench Division)

SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs) [2014] EWHC 2293 (QB) (10 July 2014)

Yates v Revenue and Customs & Anor [2014] EWHC 2311 (QB) (17 July 2014)

Haynes v Kingston Hospital NHS Trust [2014] EWHC 2321 (QB) (11 July 2014)

Kucukkoylu v Ozcan [2014] EWHC 1972 (QB) (30 June 2014)

Halcyon House Ltd v Baines & Ors [2014] EWHC 2216 (QB) (11 July 2014)

High Court (Administrative Court)

Schroder Exempt Property Unit Trust & Anor v Birmingham City Council [2014] EWHC 2207 (Admin) (10 July 2014)

The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education [2014] EWHC 2252 (Admin) (10 July 2014)

Tesfay, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2109 (Admin) (10 July 2014)

Sarkandi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWHC 2359 (Admin) (11 July 2014)

Connors & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2358 (Admin) (11 July 2014)

Blakey v Solicitors Regulation Authority [2014] EWHC 2168 (Admin) (11 July 2014)

FI, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) (11 July 2014)

Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) (11 July 2014)

Flatley, R (on the application of) v Hywel DDA University Local Health Board & Anor (Rev 1) [2014] EWHC 2258 (Admin) (10 July 2014)

Jones, R (On the Application Of) v English Heritage [2014] EWHC 2259 (Admin) (09 July 2014)

High Court (Commercial Court)

Glenbrook Capital LP v Hamilton (t/a Hamiltons) [2014] EWHC 2297 (Comm) (11 July 2014)

High Court (Technology and Construction Court)

The Governor And Company of the Bank of Ireland v Faithful & Gould Ltd [2014] EWHC 2217 (TCC) (10 July 2014)

Source: www.bailii.org

Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

Full story

The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk