‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’
The Independent, 26th March 2014
Source: www.independent.co.uk
‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’
Family Law Week, 26th March 2014
Source: www.familylawweek.co.uk
‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’
Henderson Chambers, 25th March 2014
Source: www.hendersonchambers.co.uk
‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’
Henderson Chambers, 13th March 2014
Source: www.hendersonchambers.co.uk
‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’
WLR Daily, 5th February 2014
Source: www.iclr.co.uk
‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’
Local Government Lawyer, 25th March 2014
Source: www.localgovernmentlawyer.co.uk
Supreme Court, 12th March 2014
Supreme Court, 19th March 2014
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘A four-and-a-half-year jail sentence handed to a man who killed a man with Asperger’s syndrome with a single punch in an unprovoked attack has been referred to the court of appeal for review.’
The Guardian, 20th March 2014
Source: www.guardian.co.uk
‘Information stored electronically does not constitute property which someone can exercise possession of, judges in the UK have ruled.’
OUT-LAW.com, 20th March 2014
Source: www.out-law.com
‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’
BBC News, 19th March 2014
Source: www.bbc.co.uk
‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’
BBC News, 19th March 2014
Source: www.bbc.co.uk
‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’
Daily Telegraph, 18th May 2014
Source: www.telegraph.co.uk
‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’
Panopticon, 18th March 2014
Source: www.panopticonblog.com
‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’
NearlyLegal, 17th March 2014
Source: www.nearlylegal.co.uk
© Inner Temple Library 2024