Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, environmental protection, law reports, local government, planning, trees by sally

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250; [2015] WLR (D) 510

‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Tanir v Tanir – WLR Daily

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Social background determines career prospects, say almost nine out of ten law students – Legal Week

Posted December 14th, 2015 in diversity, equality, law firms, legal education, legal profession, news, statistics by sally

‘Survey of law students finds strong feelings on influence of upbringing on career prospects, as law firms take new approaches to improve diversity’

Full story

Legal Week, 10th December 2015

Source: www.legalweek.com

Intentional infliction of harm in tort law – OUP Blog

Posted December 14th, 2015 in compensation, damages, news, personal injuries, psychiatric damage by sally

‘The tort of intentional infliction of harm would seem to encapsulate a basic moral principle – that if you injure someone intentionally and without just cause or excuse, then you should be liable for the commission of a tort – in addition to any crime that you commit. Occasionally, judges have held that there is such a principle, which is of general application: eg, Bowen LJ in Mogul Steamship v McGregor Gow & Co (1889). While this principle is now uncontroversial in cases of the intended infliction of physical harm (see Bird v Holbrook [1828]), the position has been unclear in so far as it concerns the causation of psychiatric harm. The most important case on intended infliction of psychiatric harm (IIPH) was Wilkinson v Downton (1897). But that case has long been doubted because the defendant had been playing a practical joke upon the claimant, telling her that her husband had been involved in an accident and was lying ‘smashed up’ at Leytonstone. Wright J could find no actual intention to harm, but held that an imputed intention to harm was sufficient to create liability.’

Full story

OUP Blog, 14th December 2015

Source: www.blog.oup.com

More cases to be heard by magistrates – Law Society’s Gazette

‘Criminal cases should be sent to the Crown court only if they are “clearly unsuitable” for trial in the magistrates’ court, the Sentencing Council says in fresh guidance to ensure cases are tried and sentenced in the appropriate court.’

Full story

Law Society’s Gazette, 10th December 2015

Source: www.lawgazette.co.uk

Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

Full story

OUT-LAW.com, 11th December 2015

Source: www.out-law.com

When might deportation orders be revoked before 10 years is up? – Free Movement

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

Full story

Free Movement, 14th December 2015

Source: www.freemovement.org.uk

Fake ambulance drug smugglers jailed for between 18 and 28 years – The Guardian

Posted December 14th, 2015 in drug offences, drug trafficking, news, sentencing by sally

‘Three drug smugglers have been jailed for at least 18 years each for transporting as much as £1.6bn worth of cocaine and heroin into the UK using a fleet of fake ambulances.’

Full story

The Guardian, 11th December 2015

Source: www.guardian.co.uk

Mother of murdered son calls for jail time for all knife crimes – BBC News

‘The mother of a young man who was stabbed to death in west London has pleaded with judges to impose jail terms on anyone caught with a knife.’

Full story

BBC News, 11th December 2015

Source: www.bbc.co.uk

Home Office ‘used wrong law’ in bid to send high-risk Jamaican criminal home – Daily Telegraph

Posted December 14th, 2015 in deportation, drug offences, government departments, human rights, immigration, news by sally

‘Michael Evans Clarke will be allowed to stay in Britain indefinitely under human rights laws following the Home Office gaffe.’

Full story

Daily Telegraph, 12th December 2015

Source: www.telegraph.co.uk

Disrepair miscellany: Good, bad and ugly – Nearly Legal

Posted December 14th, 2015 in appeals, damages, housing, landlord & tenant, local government, news, repairs by sally

‘Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual “housing repairs update”. We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably this time including some Councils taking cases to trial. As ever, our thanks to Beatrice Prevatt and Legal Action.’

Full story

Nearly Legal, 13th December 2015

Source: www.nearlylegal.co.uk

Shaker Aamer: ‘No plans to sue’ over Guantanamo – BBC News

Posted December 14th, 2015 in Afghanistan, compensation, detention, intelligence services, news, terrorism, torture by sally

‘The last British resident held at Guantanamo Bay has said he does not intend to take legal action against the UK government over his imprisonment.’

Full story

BBC News, 14th December 2015

Source: www.bbc.co.uk

RSPCA ‘reserves right’ to prosecute hunt cases despite controversy – Daily Telegraph

‘Changes to the animal protection charity’s prosecution policy will not mean a final end to cases brought against members of fox hunts.’

Full story

Daily Telegraph, 13th December 2015

Source: www.telegraph.co.uk

Alice Gross inquest will probe authorities’ role – BBC News

Posted December 14th, 2015 in coroners, human rights, inquests, murder, news by sally

‘The inquest into the death of Alice Gross will examine whether failures by the government and police contributed to her death, a coroner has ruled.’

Full story

BBC News, 11th December 2015

Source: www.bbc.co.uk

Murderer sues Prison Service over ‘heart attack’ – Daily Telegraph

Posted December 14th, 2015 in assault, compensation, health, murder, news, pornography, prisons by sally

‘Extreme-pornography obsessive Graham Coutts claims he was made to wait and change into different clothing before being transferred.’

Full story

Daily Telegraph, 14th December 2015

Source: www.telegraph.co.uk

Islamists actively seek prison sentences to radicalise other convicts, say officers – The Guardian

Posted December 14th, 2015 in Islam, news, prison officers, prisons, sentencing, statistics, terrorism by sally

‘Islamist extremists are attempting to radicalise prisoners by deliberately getting custodial sentences or gaining jobs in jails, according to the Prison Officers Association (POA).’

Full story

The Guardian, 12th December 2015

Source: www.guardian.co.uk