Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

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Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers

Posted April 8th, 2014 in appeals, ASBOs, housing, local government, news, repossession by sally

‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers

Posted April 8th, 2014 in appeals, competition, news, price fixing, tribunals by sally

‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’

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Competition Bulletin from Blackstone Chambers, 8th April 2014

Source: www.competitionbulletin.com

Director of the Serious Fraud Office v B – WLR Daily

Director of the Serious Fraud Office v B [2014] UKSC 23; [2014] WLR (D) 151

‘A person who had been extradited to the United Kingdom for trial on a criminal charge, and who prior to his extradition had been guilty of contempt of court by disobeying a court order, could be punished for the contempt notwithstanding that it was not the basis of his extradition.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

Haining v Warrington Borough Council – WLR Daily

Haining v Warrington Borough Council [2014] EWCA Civ 398; [2014] WLR (D) 152

‘When assessing whether the school the parents preferred to be named in their child’s statement of special educational needs would incur “unreasonable public expenditure” within section 9 of the Education Act 1996, a local authority was to have regard to all public expenditure by a public body, not only the expenditure incurred by that authority in discharging its education functions.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

Not adding up – NearlyLegal

Posted April 8th, 2014 in appeals, homelessness, housing, local government, news, rent by sally

‘As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.’

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NearlyLegal, 7th April 2014

Source: www.nearlylegal.co.uk

Judges criticise police over ‘bizarre’ penis ID request – Daily Telegraph

‘Sex attacker Kelvyn Lester, 47, declined to take medication for erectile dysfunction so officers could photograph his penis for an identification procedure.’

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Daily Telegraph, 7th April 2014

Source: www.telegraph.co.uk

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) – Supreme Court

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) [2014] UKSC 22 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

R v O’Brien (Appellant) – Supreme Court

R v O’Brien (Appellant) [2014] UKSC 23 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

Call for QC reaccreditation as QASA challenge staggers on – Legal Futures

‘The possibility of introducing re-accreditation for QCs, meaning that silk would no longer be a permanent appointment, and a power to strip them of the rank in the event of misconduct, was floated last week.’

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Legal Futures, 7th April 2014

Source: www.legalfutures.co.uk

Closure of Hartley’s Day Centre in Shrewsbury ‘unlawful’ – BBC News

‘A council’s decision to close a day centre without proper consultation was unlawful, judges have ruled.’

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BBC News, 4th April 2014

Source: www.bbc.co.uk

Ramdeen v State of Trinidad and Tobago – WLR Daily

Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149

‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Student Yashika Bageerathi removed from UK as legal bid fails – BBC News

Posted April 3rd, 2014 in appeals, asylum, deportation, education, immigration, news by sally

‘An A-Level student from north London has been removed from the country and is being flown back to Mauritius after a last ditch legal challenge failed.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

 

 

Ramdeen (Appellant) v The State (Respondent) – Judicial Committee of the Privy Council

Posted April 2nd, 2014 in appeals, death penalty, jurisdiction, law reports, murder, Privy Council by sally

Ramdeen (Appellant) v The State (Respondent) [2014] UKPC 7 (YouTube)

Supreme Court, 27th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) – Supreme Court

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) [2014] UKSC 21 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Kennedy (Appellant) v The Charity Commission (Respondent) – Supreme Court

Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Court of Appeal upholds quashing of Arsenal tower permission – OUT-LAW.com

Posted April 2nd, 2014 in appeals, housing, local government, news, planning by sally

‘A High Court decision to quash planning permission for a 25-storey student tower near Arsenal’s football stadium in north London’s Upper Holloway has been upheld in the Court of Appeal.’

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OUT-LAW.com, 1st April 2014

Source: www.out-law.com

Bone marrow disorder appeal fails – UK Human Rights Blog

Posted April 2nd, 2014 in appeals, consent, duty of care, medical treatment, medicines, news, standards by sally

‘This was an appeal against the finding by HHJ Robinson, sitting as a High Court Judge, that there was no duty of care owed to the appellant in respect of his rare genetic disorder ([2013] EWHC 469 (QB), [2013] Med. L.R. 191). See my previous post for the factual and medical background of the claim. Briefly, the appellant suffered from a rare genetic version of the platelet insufficiency disorder, aplastic anemia (AA), the disorder in question being known as Dyskeratosis Congenita (“DC”).’

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UK Human Rights Blog, 1st April 2014

Source: www.ukhumanrightsblog.com