Author: sally
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Chancery Division)
Hellard (Trustee In Bankruptcy) v Kapoor [2013] EWHC 2204 (Ch) (25 July 2013)
High Court (Administrative Court)
Truro City Council v Cornwall City Council [2013] EWHC 2525 (Admin) (13 August 2013)
High Court (Technology and Construction Court)
Noemalife SPA v Infinitt UK Ltd [2013] EWHC 2376 (TCC) (14 August 2013)
High Court (Commercial Court)
Times Newspapers Ltd v McNamara [2013] EWHC B12 (Comm) (13 August 2013)
Source: www.bailii.org
Solicitor who ignored LeO fined for contempt – Solicitors Journal
“A solicitor who refused to comply with a legal ombudsman decision to return files to a client has been fined £5,000 for contempt by a county court.”
Solicitors Journal, 14th August 2013
Source: www.solicitorsjournal.com
Damian Green: Reforming the role of magistrates – Ministry of Justice
“More than 4,000 defendants each year are sent to the Crown Court for sentencing when they could be dealt with in the magistrates’ court, costing valuable money and time Justice Minister Damian Green said today.”
Ministry of Justice, 14th August 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Criminologists identify family killer characteristics – BBC News
“Men who kill their families can be separated into four distinct types.”
BBC News, 15th August 2013
Source: www.bbc.co.uk
Pet cat’s DNA helps convict owner who killed his friend after an argument – The Independent
“First time genetic code of a cat has been used in a criminal trial in the UK.”
The Independent, 14th August 2013
Source: www.independent.co.uk
Ending it all. Or not – NearlyLegal
“Fareham BC v Miller [2013] EWCA Civ 159 states in no uncertain terms that the common law position is that a landlord’s notice to quit is irrevocable once served.”
NearlyLegal, 14th August 2013
Source: www.nearlylegal.co.uk
Red Bull pursues Redwell brewery in Norwich over name – BBC News
“A Norfolk micro brewery has been told it must change its name or face legal action, because it sounds too similar to the energy drink Red Bull.”
BBC News, 14th August 2013
Source: www.bbc.co.uk
Russian wife awarded £53 million divorce settlement at London’s High Court – Daily Telegraph
“A Russian wife has been awarded one of the highest divorce settlements ever made by an English court after a judge ruled that she should receive more than £53 million from her ex-husband.”
Daily Telegraph, 14th August 2013
Source: www.telegraph.co.uk
Swindon nurse who mistook blood for jam suspended – BBC News
“A nurse who mistook blood around a patient’s mouth for jam has been suspended for 12 months.”
BBC News, 14th August 2013
Source: www.bbc.co.uk
HIV home-testing kits will be available free on NHS after law change – The Independent
“Home-testing kits that allow people to test themselves for HIV will be legal in the UK from next spring.”
The Independent, 14th August 2013
Source: www.independent.co.uk
‘Double’ miscarriage of justice victim Martin Foran speaks – BBC News
“A man who claims to be the UK’s only victim of two miscarriages of justice has said he wants an apology.”
BBC News, 15th August 2013
Source: www.bbc.co.uk
Reform out of date laws on fitness to plead, ministers urged – The Independent
“Mentally ill people are routinely forced to stand trial because the rules on fitness to appear in court are out of date, legal reformers have told the Government.”
The Independent, 14th August 2013
Source: www.independent.co.uk
‘Highly intelligent’ schoolboy jailed for life for attempting to kill 12-year-old girl by ‘gutting her like a pig’ after she spurned sexual advances – The Independent
“A ‘highly intelligent’ schoolboy has been sentenced to a minimum of seven years for attempting to murder a 12-year-old girl by “gutting her like a pig” with a blunt pen-knife after she spurned his sexual advances.”
The Independent, 14th August 2013
Source: www.independent.co.uk
Restrictions on health workers with HIV lifted as ‘outdated’ ban ends – The Guardian
“Surgeons, dentists, midwives and other healthcare workers who have HIV are to be allowed to perform all kinds of procedures on patients, following the lifting of an outdated ban that led in some cases to the loss of careers and livelihoods.”
The Guardian, 15th August 2013
Source: www.guardian.co.uk
Mental health detention powers must be reviewed urgently, says Parliamentary Committee – UK Human Rights Blog
“The House of Commons Health Committee has published a report (PDF) following its inquiries into the Mental Health Act 2007. The MHA 2007 introduced several amendments to the Mental Health Act 1983 (MHA, as amended), some of which were very controversial at the time and continue to be so now. The Health Committee’s report follows post-legislative scrutiny of the legislation by its parent department.”
UK Human Rights Blog, 14th August 2013
Source: www.ukhumanrightsblog.com
In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner – WLR Daily
“Joint liquidators of a company were not data controllers within the meaning of section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to its liquidation.”
WLR Daily, 8th August 2013
Source: www.iclr.co.uk
Regina (Nash) v Barnet London Borough Council – WLR Daily
Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335
“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”
WLR Daily, 2nd August 2013
Source: www.iclr.co.uk
Make better use of magistrates, says justice minister – The Guardian
“Four in 10 people sent to crown court to be sentenced could have been dealt with by magistrates, saving valuable time and money, the justice minister will say on Wednesday.”
The Guardian, 14th August 2013
Source: www.guardian.co.uk
Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com
“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”
OUT-LAW.com, 13th August 2013
Source: www.out-law.com
