BAILII: Recent Decisions

Posted May 30th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

R v DS [2014] EWCA Crim 933 (01 May 2014)

Family Court Decisions (other Judges)

Calderdale Metropolitan Borough Council v RB & Ors [2014] EWFC B62 (OJ) (21 May 2014)

Surrey County Council v H & Ors [2014] EWFC B63 (OJ) (23 May 2014)

Source: www.bailii.org

Sean Rigg custody death officer quits Metropolitan Police – BBC News

‘The police watchdog has urged the Metropolitan Police to stop an officer quitting so he can face misconduct proceedings after a death in custody.’

Full story

BBC News, 29th May 2014

Source: www.bbc.co.uk

Care for teenage karate champion so bad it ‘breached human rights’, coroner rules – Daily Telegraph

‘Dana Baker, who represented Great Britain in karate, killed herself after “serious and systematic failings” in her care by a council that was too busy and overworked to help her.’

Full story

Daily Telegraph, 29th May 2014

Source: www.telegraph.co.uk

Competition law and covenants restrictive of land use – Competition Bulletin from Blackstone Chambers

Posted May 30th, 2014 in competition, news, restrictive covenants by sally

‘Covenants restricting use of land to particular commercial purposes are commonplace. Until recently, the potential for competition law to regulate them was limited, because “land agreements” were excluded from the reach of the Chapter I Prohibition under the Competition Act 1998. The exclusion has, however, been revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation Order) 2010. The OFT has also provided guidance on the application of competition law in this field.’

Full story

Competition Bulletin from Blackstone Chambers, 30th May 2014

Source: www.competitionbulletin.com

Skull Cracker jailed for life after raiding same building society 13 years later – Daily Telegraph

Posted May 30th, 2014 in fugitive offenders, news, robbery, sentencing by sally

‘Michael Wheatley, who is known as the Skull Cracker, is jailed for life for raiding building society while on the run from an open prison.’

Full story

Daily Telegraph, 29th May 2014

Source: www.telegraph.co.uk

‘Witch doctor’ faces jail for £1m con tricks – The Independent

Posted May 30th, 2014 in complementary medicine, fraud, news by sally

‘A “witch doctor” who conned vulnerable people into giving her £1m to pay for spiritual cures for their serious health problems is facing a substantial jail term, a judge said on Thursday.’

Full story

The Independent, 29th May 2014

Source: www.independent.co.uk

Deportation reprieve for Nigerians amid female genital mutilation fears – The Guardian

Posted May 30th, 2014 in deportation, female genital mutilation, news by sally

‘Government lawyers cancel the removal of Afusat Saliu and her two daughters, after they were taken from their home in Leeds.’

Full story

The Guardian, 29th May 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Clayton & Anor v R [2014] EWCA Crim 1030 (23 May 2014)

Court of Appeal (Civil Division)

Birmingham Hippodrome Theatre Trust Ltd v Revenue And Customs [2014] EWCA Civ 684 (22 May 2014)

Hone & Ors v Abbey Forwarding Ltd & Anor [2014] EWCA Civ 711 (23 May 2014)

Collins v Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717 (23 May 2014)

Dar Al Arkan Real Estate Development Co & Anor v Al Refai & Ors [2014] EWCA Civ 715 (23 May 2014)

C (N, W & H), Re [2014] EWCA Civ 705 (23 May 2014)

Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWCA Civ 708 (23 May 2014)

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716 (23 May 2014)

High Court (Chancery Division)

Contrarian Funds Llc v Lomas & Ors [2014] EWHC 1687 (Ch) (23 May 2014)

High Court (Queen’s Bench Division)

Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice & Ors [2014] EWHC 1662 (QB) (23 May 2014)

Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

High Court (Administrative Court)

Jones, R (on the application of) v Judicial Appointments Commission [2014] EWHC 1680 (Admin) (23 May 2014)


Revenue And Customs, R (On the Application Of) v HM Coroner for the City of Liverpool [2014] EWHC 1586 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

X (A Child) (care and placement orders) [2014] EWFC B59 (09 May 2014)

J and S (Children), Re [2014] EWFC 4 (23 May 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1615 (TCC) (23 May 2014)

High Court (Commercial Court)

BM Amro Commercial Finance Plc v McGinn & Ors [2014] EWHC 1674 (Comm) (23 May 2014)

High Court (Patents Court)

Shanks v Unilever Plc & Ors [2014] EWHC 1647 (Pat) (23 May 2014)

Source: www.bailii.org

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents) – Supreme Court

Posted May 28th, 2014 in commons, land registration, law reports, local government by sally

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents)[2014] UKSC 31 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Distinctive behaviour – New Law Journal

Posted May 28th, 2014 in disclosure, divorce, fraud, news by sally

‘Kirstie Gibson considers allegations of non-disclosure, misconduct & adverse inferences.’

Full story

New Law Journal, 23rd May 2014

Source: www.newlawjournal.co.uk

Planning Court judge rules claim brought by store developer “totally without merit” – Local Government Lawyer

Posted May 28th, 2014 in judicial review, local government, news, planning by sally

‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Re B-S and the Perils of the ‘Balance Sheet’ Approach – Family Law Week

‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’

Full story

Family Law Week, 23rd May 2014

Source: www.familylawweek.co.uk

New sentencing guidelines bring increased focus to the impact of fraud on victims – Sentencing Council

Posted May 28th, 2014 in bribery, fraud, money laundering, news, sentencing by sally

‘The Sentencing Council has published a new guideline for how people convicted of fraud, money laundering and bribery should be sentenced.’

Full story

Sentencing Council, 23rd May 2014

Source: www.sentencingcouncil.judiciary.gov.uk

Hate crime: should the current offences be extended? – Law Commission

In a report published today the Law Commission recommends reforms to ensure that the criminal justice system is able to make a stronger and more coherent response to hate crime.

Full story

Law Commission, 28th May 2014

Source: www.lawcommission.justice.gov.uk

Richard III: fairness and public interest litigation – UK Human Rights Blog

‘Some 527 years after his death, Richard III’s skeleton was found beneath a car park in Leicester. The Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants, sought judicial review of the decision taken by the Secretary of State to exhume and re-inter the monarch in Leicester Cathedral without consulting them and a wide audience.’

Full story

UK Human Rights Blog, 28th May 2014

Source: www.ukhumanrightsblog.com

How people resolve ‘legal’ problems – Legal Services Board

Posted May 28th, 2014 in legal services, Legal Services Board, news, statistics by sally

‘The Legal Services Board commissioned Professor Pascoe Pleasence and Dr Nigel Balmer to produce a statistical analysis of existing legal needs survey data to understand how consumers demographics, attitudes, capabilities and beliefs impact on their response to legal problems. How people resolve legal problems presents the findings of this analysis.’

Full story

Legal Services Board, 22nd May 2014

Source: www.legalservicesboard.org.uk

Reforming the regulation of taxis and private hire vehicles – Law Commission

Posted May 28th, 2014 in Law Commission, licensing, news, taxis by sally

‘Taxis and private hire services, which include minicabs, are an essential link in the transport network of England and Wales, with passengers spending in excess of £2.5 billion a year on fares.’

Full story

Law Commission, 23rd May 2014

Source: www.lawcommission.justice.gov.uk

Nuptial Agreements: Limiting the Family Lawyer’s Exposure to Negligence Claims – Family Law Week

Posted May 28th, 2014 in barristers, drafting, negligence, news, prenuptial agreements, solicitors by sally

‘The authors consider whether family lawyers are assuming unlimited liability when advising upon or drafting nuptial agreements and look at the practicalities of limiting that liability.’

Full story

Family Law Week, 21st May 2014

Source: www.familylawweek.co.uk