Bone v North Essex Partnership NHS Foundation Trust – WLR Daily

Posted May 22nd, 2014 in appeals, employment tribunals, jurisdiction, law reports, trade unions by sally

Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652; [2014] WLR (D) 214

‘It was not necessary in a claim for detriment under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the independence of the relevant trade union to be established in order for an employment tribunal to have jurisdiction.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 22nd, 2014 in appeals, banking, injunctions, jurisdiction, law reports by sally

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Church Comrs for England v Hampshire County Council – WLR Daily

Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207

‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

CA upholds negligence ruling in miner’s compensation case – Legal Futures

Posted May 22nd, 2014 in appeals, compensation, industrial injuries, miners, negligence, news by sally

‘The Court of Appeal has upheld a ruling that Yorkshire law firm Raleys was negligent in its handling of a claim under the government compensation scheme for ex-miners suffering from vibration white finger (VWF).’

Full story

Legal Futures, 22nd May 2014

Source: www.legalfutures.co.uk

FCA succeeds in reversing stay in Operation Cotton trial – The Lawyer

Posted May 22nd, 2014 in appeals, financial regulation, fraud, news, stay of proceedings, trials by sally

‘The Financial Conduct Authority (FCA) has won its appeal against the stay in the high-cost fraud trial known as Operation Cotton, with the Court of Appeal (CoA) ruling that proceedings should resume.’

Full story

The Lawyer, 21st May 2014

Source: www.thelawyer.com

Fraud trial legal aid ruling overturned by appeal court – The Guardian

Posted May 21st, 2014 in appeals, barristers, budgets, costs, fraud, judges, legal aid, legal representation, news by sally

‘A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

The Common Law and the Spirit of Kennedy – Panopticon

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

Full story

Panopticon, 20th May 2014

Source: www.panopticonblog.com

Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com

‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’

Full story

OUT-LAW.com, 21st May 2014

Source: www.out-law.com

Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

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Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 21st, 2014 in appeals, enforcement, injunctions, jurisdiction, law reports by sally

Bank St Petersburg OJSC and another v Arkhangelsky and another: Arkhangelsky and others v Bank St Petersburg OJSC and another: [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by sally

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette

‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’

Full story

Law Society’s Gazette, 20th May 2014

Source: www.lawgazette.co.uk

Former sniper Danny Nightingale loses bid to overturn conviction – BBC News

Posted May 21st, 2014 in appeals, armed forces, courts martial, firearms, news, suspended sentences by sally

‘Former SAS sniper Danny Nightingale has lost his latest bid against his conviction for illegally possessing a gun and ammunition.’

Full story

BBC News, 20th May 2014

Source: www.bbc.co.uk

Businesses win riot damage ruling at Court of Appeal – BBC News

Posted May 21st, 2014 in appeals, arson, compensation, insurance, news, police, violent disorder by sally

‘Businesses whose property is damaged in riots can recover “consequential” losses stemming from the incident, the Court of Appeal has ruled. Previously it was believed compensation payable by police under the Riot Act was limited to physical damage.’

Full story

BBC News, 20th May 2014

Source: www.bbc.co.uk

Woman abused by stepfather fights for compensation – Daily Telegraph

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

Full story

Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

Joss Stone murder plotters’ jail sentences reduced – The Guardian

Posted May 20th, 2014 in appeals, conspiracy, learning difficulties, murder, news, robbery, sentencing by sally

‘The jail sentences of two men who plotted to rob and kill the pop singer Joss Stone have been reduced by the appeal court.’

Full story

The Guardian, 20th May 2014

Source: www.guardian.co.uk

In the matter of K (A child) (Northern Ireland) – Supreme Court

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in April.’

Full story

Family Law Week, 17th May 2014

Source: www.familylawweek.co.uk

Golf course judicial review case reversed on appeal – UK Human Rights Blog

‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’

Full story

UK Human Rights Blog, 18th May 2014

Source: www.ukhumanrightsblog.co.uk