‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’
OUT-LAW.com, 12th March 2014
Source: www.out-law.com
Mohamoud v Birmingham City Council: [2014] EWCA Civ 227; [2014] WLR (D) 119
‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’
WLR Daily, 7th March 2014
Source: www.iclr.co.uk
Regina v Dang (Manh Toan) and others; [2014] EWCA Crim 348; [2014] WLR (D) 118
‘For a defendant to be guilty of conspiring, contrary to the section 1 of the Criminal Law Act 1977, “to be concerned” in the production of a controlled drug, contrary to section 4(1)(b) of the Misuse of Drugs Act 1971, by supplying equipment to assist others to produce the drug, he had to share in the drug producer’s purpose and had to lend his assistance for that purpose. A generalised awareness that the equipment might be used for the unlawful purpose would not suffice.’
WLR Daily, 7th March 2014
Source: www.iclr.co.uk
Rubin v Rubin: [2014] EWHC 611 (Fam); [2014] WLR (D) 116
‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’
WLR Daily, 10th March 2014
Source: www.iclr.co.uk
‘David Bedingfield of 4 Paper Buildings charts the recent history of scientific research into serious non-accidental head injuries suffered by babies and the response of the family and criminal courts in England and Wales.’
Family Law week, 11th March 2014
Source: www.familylawweek.co.uk
‘Demonstrators facing eviction from an anti-fracking camp have won 11th-hour permission to stay put while they go to the court of appeal. On Monday a judge at Manchester’s high court made an order for possession against the collective occupying land at Barton Moss in Salford, Greater Manchester. The order was to take effect from midday today. But eviction was stayed just before the noon deadline by the appeal court to give the protesters an opportunity to apply for permission to appeal.’
The Guardian, 11th March 2014
Source: www.guardian.co.uk
‘The London Borough of Camden has successfully fought off a High Court challenge to its proposed regime for the licensing of busking.
Following a two-day hearing last month, Mrs Justice Patterson has now ruled that the introduction of the scheme was lawful.’
Local Government Lawyer, 11th March 2014
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has upheld the High Court’s rejection of a judicial review challenge to the decision by Wycombe District Council to designate a smaller area as a Neighbourhood Area than the one applied for.’
OUT-LAW.com, 10th March 2014
Source: www.out-law.com
Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217; [2014] WLR (D) 113
‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’
Daily Telegraph, 10th March 2014
Source: www.telegraph.co.uk
‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’
Zenith Chambers, 6th March 2014
Source: www.zenithchambers.co.uk
‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’
WLR Daily, 27th February 2014
Source: www.iclr.co.uk
‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’
WLR Daily, 3rd March 2014
Source: www.iclr.co.uk
‘Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal’s judgment in the appeal from CW v SG.’
Family Law Week, 4th March 2014
Source: www.familylawweek.co.uk
‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’
NearlyLegal, 4th March 2014
Source: www.nearlylegal.co.uk
‘In Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd (“PMS”) had infringed registered Community design number 43427-0001 (“the RCD”), some of Magmatic Ltd (“Magmatic”)’s design rights and Magmatic’s literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax’s product. In Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal.’
NIPC Law, 4th March 2014
Source: www.nicplaw.blogspot.co.uk
‘A pioneering compensation claim on behalf of a child who was severely damaged by her mother’s heavy drinking during pregnancy is to go before the court of appeal.’
The Guardian, 4th March 2014
Source: www.guardian.co.uk
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