‘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
‘In December the High Court gave judgment in NA v Nottinghamshire County Council [2014] EWHC 4005 (QB). The claimant (who was born in 1977) said that while in her mother’s care she had suffered physical and emotional abuse, and that the defendant local authority had failed in their common law duty of care by failing either to remove her or protect her from the abuse.’
Full story
Law Society’s Gazette, 23rd February 2015
Source: www.lawgazette.co.uk
‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.
WLR Daily, 17th February 2015
Source: www.iclr.co.uk
In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76
‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
‘Those responsible for employment decisions in firms and businesses with multiple office locations will have been relieved that the Advocate General recommended a reversal of the Employment Appeal Tribunal’s interpretation of ‘one establishment’ in the Woolworths cases (USDAW v Ethel Austin Ltd (In administration) UKEAT/0547/12/kn[2013] IRL886) when his opinion was handed down on 5 February 2015. However, as the European Court of Justice is not obliged to follow the AG’s opinion, we still have some time to wait for further clarity on this issue.’
The Futures of Law, 19th February 2015
Source: www.blogs.lexisnexis.co.uk
‘The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin Court judgment is here, and, to be honest, I’m not sure that the Court of Appeal adds much to that judgment. Much the same arguments were rehearsed and much the same conclusion is reached.’
NearlyLegal, 19th February 2015
Source: www.nearlylegal.co.uk
‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’
BBC News, 20th February 2015
Source: www.bbc.co.uk
Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)
Supreme Court, 18th February 2015
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