‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’
Family Law Week, 3rd March 2015
Source: www.familylawweek.co.uk
Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96
‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘A tortious claim for inducement of breach of a contractual term providing for exclusive jurisdiction of the English Court brought against a defendant domiciled in Germany where the harmful event did not occur in England could not be brought in the English court since article 5(3) of Council Regulation (EC) No 44/2001 did not apply.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94
‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’
WLR Daily, 27th February 2015
Source: www.iclr.co.uk
Regina v Akhtar (Itzaz) [2015] EWCA Crim 176; [2015] WLR (D) 91
‘Where a jury brought in a guilty verdict on one count but were unable to agree on another count, a retrial on that other count was not an abuse of process unless the two counts were true alternatives in that they were mutually exclusive alternatives.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92
‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’
WLR Daily, 25th February 2015
Source: www.iclr.co.uk
Supreme Court, 25th February 2015
R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. [2015] UKSC 6 (YouTube
Supreme Court, 25th February 2015
‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’
Litigation Futures, 2nd March 2015
Source: www.litigationfutures.com
‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’
UK Human Rights Blog, 27th February 2015
Source: www.ukhumanrightsblog.com
‘The insurance industry today claimed they had achieved a major success after the Court of Appeal ruled that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’
Litigation Futures, 26th February 2015
Source: www.litigationfutures.com
‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84
‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’
WLR Daily, 19th February 2015
Source: www.iclr.co.uk
Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80
Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘Barry Beavis is in court with the aim of striking a blow “for every motorist, in every car park”.’
The Independent, 24th February 2015
Source: www.independent.co.uk
‘An environmental activist has been jailed for two years for putting the lives of police officers in danger by targeting patrol cars with homemade tyre-deflation spikes to “give them a taste of their own medicine”.’
The Guardian, 24th February 2015
Source: www.guardian.co.uk
‘An Appeal court judge has told the ex-wife of a millionaire horse surgeon to seek employment, warning that she has no right to expect “an income for life” at her former husband’s expense.’
The Guardian, 24th February 2015
Source: www.guardian.co.uk
‘The Court of Appeal has overturned a High Court decision that a Sussex law firm wrongly paid out £2.28m it had received from a group of investors in what turned out to be a doomed airport investment scheme.’
Legal Futures, 20th February 2015
Source: www.legalfutures.co.uk
© Inner Temple Library 2024