Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

Full story

NearlyLegal, 5th August 2014


Yvette Hallsworth murder: Mateusz Kosecki jailed for Derby stabbing – BBC News

Posted August 6th, 2014 in murder, news, prostitution, sentencing by sally

‘A teenager who lured a prostitute into an alleyway and then stabbed her to death has been jailed for life.’

Full story

BBC News, 5th August 2014


Gambling addict who sold stamps from late father’s collection spared jail – The Guardian

Posted August 6th, 2014 in community service, gambling, news, sentencing, theft by sally

‘The son of a renowned philatelist who stole part of his late father’s stamp collection to fund his obsession with a single fruit machine in a bookmaker’s shop has been spared jail after his mother asked for leniency.’

Full story

The Guardian, 5th August 2014


Regina (Hussein) v Secretary of State for Defence – WLR Daily

Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361

‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’

WLR Daily, 31st July 2014


Regina v Rogers (Bradley) and others – WLR Daily

Posted August 5th, 2014 in fraud, jurisdiction, law reports, money laundering, proceeds of crime by sally

Regina v Rogers (Bradley) and others [2014] EWCA Crim 1680; [2014] WLR (D) 362

‘Both the provisions relating to money laundering contained in the Proceeds of Crime Act 2002 and earlier authority provided jurisdiction in the English courts to cover an allegation of converting criminal property obtained by fraud in the United Kingdom by a person living and working in Spain who permitted the money to be received into his Spanish bank account and then withdrawn from it.’

WLR Daily, 1st August 2014


Command Papers – GOV.UK

Posted August 5th, 2014 in parliamentary papers by sally

Transport resilience review: a review of the resilience of the transport network to extreme weather events, Cm 8874

Government’s response to the independent review of the operation of Jobseeker’s Allowance sanctions validated by the Jobseekers Act 2013, Cm 8904

Response to the House of Commons European Scrutiny Committee report 2013-14, Cm 8914

Response to the House of Lords European Union Committee report on the role of national Parliaments in the European Union 2013-14, Cm 8913

Post-legislative assessment of the Health and Social Care Act 2012: memorandum to the House of Commons Health Select Committee, Cm 8909

Post-legislative assessment of the Health Act 2009: memorandum to the House of Commons Health Select Committee, Cm 8908

Effects of treatment and the medical assessment of chronic bronchitis and emphysema (PD D12, chronic obstructive pulmonary disease), Cm 8906

Government response to the House of Commons European Scrutiny Committee Report 43rd Report, 2013–14, HC979, The application of the EU Charter of Fundamental Rights in the UK: a state of confusion, Cm 8915

Country Series: China No 2 (2014), Cm 8911

Insurance Contract Law: Business Disclosure; Warranties; Insurers’ Remedies for Fraudulent Claims; and Late Payment, Cm 8898

Public Expenditure Statistical Analyses 2014 complete document including annexes, Cm 8902

Memorandum to the Energy and Climate Change Committee: Post legislative scrutiny of the Energy Act 2008, Cm 8893

Treasury minutes: progress on implementing recommendations of Public Accounts Committee (July 2014), Cm 8899

Government response to consultation: options for a New Lower Thames Crossing, Cm 8895

Caught red-handed: why we can’t count on police recorded crime statistics, Cm 8910


BAILII: Recent Decisions

Posted August 5th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pitts & Ors, R. v [2014] EWCA Crim 1615 (31 July 2014)

Watkins & Anor v R. (Rev 2) [2014] EWCA Crim 1677 (31 July 2014)

Loveless & Ors, R v [2014] EWCA Crim 1679 (01 August 2014)

Court of Appeal (Civil Division)

Innes v Information Commissioner & Anor [2014] EWCA Civ 1086 (31 July 2014)

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

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

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

B & Anor, Re [2014] EWCA Civ 1133 (01 August 2014)

PNM v Times Newspapers Ltd & Ors [2014] EWCA Civ 1132 (01 August 2014)

High Court (Queen’s Bench Division)

Al-Waheed v Ministry of Defence [2014] EWHC 2714 (QB) (31 July 2014)

Chweidan v Mischcon De Reya Solicitors [2014] EWHC 2685 (QB) (31 July 2014)

JXL & Anor v Britton [2014] EWHC 2571 (QB) (31 July 2014)

Zurich Insurance Plc v Kay & Ors [2014] EWHC 2734 (QB) (01 August 2014)

Leeds United Football Club Ltd v West Yorkshire Police [2014] EWHC 2738 (QB) (01 August 2014)

High Court (Chancery Division)

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014)

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2014] EWHC 2720 (Ch) (31 July 2014)

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd & Anor [2014] EWHC 2683 (Ch) (31 July 2014)

High Court (Administrative Court)

Silver v Secretary of State for Communities & Local Government & Anor [2014] EWHC 2729 (Admin) (01 August 2014)

High Court (Commercial Court)

Hirtenstein & Anor v Hill Dickinson LLP [2014] EWHC 2711 (Comm) (31 July 2014)

Family Court Decisions (High Court Judges)

A, B, and C (Children : Interim Care Orders ) [2014] EWFC 28 (29 July 2014)

M v B [2014] EWHC 2686 (Fam) (24 July 2014)

High Court (Technology and Construction Court)

Weatherford Global Products Ltd v Hydropath Holdings Ltd & Ors [2014] EWHC 2725 (TCC) (01 August 2014)


Recent Statutory Instruments –

Posted August 5th, 2014 in legislation by sally

The Offshore Funds (Tax) (Amendment) Regulations 2014

The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014

The Gaming Duty (Amendment) Regulations 2014

The Local Government (Transparency) (Descriptions of Information) (England) Order 2014

The Intellectual Property Act 2014 (Commencement No. 2) Order 2014

The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2014

The Registered Pension Schemes (Accounting and Assessment) (Amendment) Regulations 2014

The Representation of the People (Northern Ireland) (Amendment) Regulations 2014

The Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2014

The Agriculture (Miscellaneous Revocations) Regulations 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2014

The Legislative Reform (Patents) Order 2014


High Court upholds recognition of US arbitral award, but delays enforcement to give losing party opportunity to challenge –

Posted August 5th, 2014 in arbitration, enforcement, news by sally

‘The losing party in an arbitration case decided in the US has been prevented from setting aside recognition of the award in England, but can delay enforcement by the winning party until it has had a chance to challenge the award in the US, the High Court in England has said.’

Full story, 5th August 2014


Weybread ‘magic club’ sex groomer jailed – BBC News

Posted August 5th, 2014 in child abuse, news, sentencing, sexual grooming, sexual offences by sally

‘A 46-year-old man has been jailed for eight years for sexually grooming a boy by claiming he could introduce him into a secret magic club.’

Full story

BBC News, 4th August 2014


High Court overturns tribunal’s decision on barrister accused of concealing convictions – Legal Futures

‘The High Court has quashed the decision of a Bar disciplinary tribunal, which resulted in a barrister being disbarred and fined £3,000 following accusations that he failed to disclose criminal convictions.’

Full story

Legal Futures, 5th August 2014


Judge says victim statements make ‘no difference’ – Daily Telegraph

Posted August 5th, 2014 in judges, news, parole, victims by sally

‘Judge apologises for comments overheard by bereaved family at a parole hearing but insists their statements cannot affect judgements over prisoners’ risk.’

Full story

Daily Telegraph, 5th August 2014


Evidence during FOI disputes can be provided in secret, rules Court of Appeal –

‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’

Full story, 4th August 2014


Teenager jailed for life for beating engineer to death in unprovoked cocaine-fuelled attack – Daily Telegraph

Posted August 5th, 2014 in drug abuse, murder, news, sentencing, young offenders by sally

‘Teenager is jailed after he beat an engineer to death while his friend filmed attack on her iPhone.’

Full story

Daily Telegraph, 4th August 2014


Activists complain to IPCC over police efforts to recruit them as informers – The Guardian

Posted August 5th, 2014 in complaints, demonstrations, informers, intimidation, news, police by sally

‘Four campaigners have lodged a complaint with an official watchdog, alleging that they felt intimidated by covert police officers who were trying to persuade them to spy on their political colleagues.’

Full story

The Guardian, 4th August 2014


Two men convicted for possessing extreme ‘WhatsApp porn’ that wasn’t viewed – The Independent

Posted August 5th, 2014 in guilty pleas, news, pornography, telecommunications by sally

‘Two men have been convicted for having “truly disgusting” pornographic images on their mobile phones, sent to them through the WhatsApp messaging service, though one claimed he didn’t watch what he was sent.’

Full story

The Independent, 4th August 2014


Riot damages reforms are questioned by insurers – BBC News

Posted August 5th, 2014 in compensation, criminal damage, insurance, news, police, violent disorder by sally

‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’

Full story

BBC News, 5th August 2014


IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014


Innes v Information Commissioner and another – WLR Daily

Innes v Information Commissioner and another [2014] EWCA 1086; [2014] WLR (D) 358

‘Under section 11(1) of the Freedom of Information Act 2000 a claimant requesting information under section 1(1) of the 2000 Act was entitled to stipulate what software format should be used when the information sought was provided to him.’

WLR Daily, 31st July 2014


Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily

Posted August 4th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin); [2014] WLR (D) 356

‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’

WLR Daily, 30th July 2014