Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening – WLR Daily

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening (Case C-583/11P); [2013] WLR (D) 370

“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court

Posted October 9th, 2013 in appeals, citizenship, immigration, Iraq, judicial review, law reports, Supreme Court by sally

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) [2013] UKSC 62 | UKSC 2012/0129 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Criminal law – Law Society’s Gazette

Posted October 9th, 2013 in appeals, barristers, criminal justice, defence, incitement, judges, news, sentencing, terrorism by sally

“Defendants being charged with a number of terrorism-related offences – First defendant’s trial counsel’s conduct at trial being criticised by judge and prosecution counsel on numerous occasions during trial.”

Full story

Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk

Court of Appeal upholds CPO by council of site of famous amusement park – Local Government Lawyer

Posted October 9th, 2013 in appeals, compulsory purchase, inquiries, local government, news by sally

“A district council’s compulsory purchase of the site of a famous amusement park has today been upheld by the Court of Appeal.”

Full story

Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Victim suing police for taking too long to arrive – Daily Telegraph

“A crime victim who was beaten almost to death by a baseball bat-wielding gang of thugs is fighting a landmark battle for compensation from Humberside police.”

Full story

Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Christian owners of Chymorvah Hotel who refused to allow gay couple to stay in double room take legal fight to Supreme Court – The Independent

“The Christian owners of a guesthouse who refused to allow a gay couple to stay in a double-bedded room have said they want to avoid a ‘collision’ between two different lifestyles as they prepare to take their case to the Supreme Court.”

Full story

The Independent, 8th October 2013

Source: www.independent.co.uk

Britain pays out millions to criminals after losing 202 human rights cases since 1998 – The Independent

“Britain has had to pay out £4.4 million in taxpayers’ money as a result of losing 202 cases at the European Court of Human Rights (ECHR) in Strasbourg since 1998, figures from the House of Commons reveal.”

Full story

The Independent, 8th October 2013

Source: www.independent.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

Full story

Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk

Bedroom Tax – Exciting but steady on…! – Hardwicke Chambers

Posted October 8th, 2013 in appeals, benefits, housing, news, regulations, social security by sally

“I was fortunate at the end of September in two respects when delivering seminars on the subject of welfare reform; firstly I had been allocated the primary subject of the bedroom tax to talk upon, and secondly I was able to report and expand on exciting news that was breaking in this field.”

Full story

Hardwicke Chambers, 2nd October 2013

Source: www.hardwicke.co.uk

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

Anti-drones protesters who broke into RAF base are praised by judge – The Guardian

Posted October 8th, 2013 in appeals, complaints, costs, criminal damage, news by sally

“Six protesters who broke into RAF Waddington in Lincolnshire, home of Britain’s first unmanned drones base, were described by a judge at their trial on Monday as ‘dutiful people’. He said it was only with a ‘heavy heart’ that he found them guilty of criminal damage to the base.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

Paedophile who received suspended jail term after prosecution branded 13-year-old victim ‘predatory’ to have sentence reviewed – The Independent

“A paedophile who received a suspended jail term after the prosecution branded his 13-year-old victim ‘predatory’ is having his sentence reviewed.”

Full story

The Independent, 8th October 2013

Source: www.independent.co.uk

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening – WLR Daily

Posted October 7th, 2013 in appeals, EC law, internet, interpretation, law reports, publishing, time limits by sally

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening (Case C-626/11P); [2013] WLR (D) 365

“Where the period of time allowed for commencing proceedings against a measure adopted by an European Union institution ran from the publication of that measure, the provisions of rule 102(1) of the Rules of Procedure of the General Court whereby that period was to be calculated from the end of the 14th day after publication in the Official Journal of the European Union, applied to any published measure irrespective of the means of publication.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

French Republic v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, state aids, taxation by sally

French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364

“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

The Dow Chemical Co v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, competition, EC law, joint ventures, law reports, subsidiary companies by sally

The Dow Chemical Co v Commission of the European Union (Case C-179/12P); [2013] WLR (D) 363

“For the purposes of establishing liability for participation in an infringement of article 101FEU of the FEU Treaty, where two parent companies each had a 50% shareholding in a joint venture company which had committed an infringement, and only in so far as the commission had demonstrated that both parent companies did in fact exercise decisive influence over the joint venture, those three entities could be considered to form a single economic unit and therefore form a single undertaking for the purposes of article 101FEU.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Finance and Divorce Update – Family Law Week

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in September.”

Full story

Family Law Week, 3rd October 2013

Source: www.familylawweek.co.uk

The Colour Purple – Société Des Produits Nestlé S.A. v Cadbury UK Ltd – NIPC Law

Posted October 7th, 2013 in appeals, interpretation, news, trade marks by sally

“The colour purple (or rather pantone 2685C) is only slightly less gripping. It is the subject of a tussle between two of the world’s largest confectionery companies the latest stage of which has just ended in the Court of Appeal ( Société Des Produits Nestlé S.A. v Cadbury UK Ltd. [2013] EWCA Civ 1174 (4 Oct 2013)).”

Full story

NIPC Law, 4th October 2013

Source: www.nipclaw.blogspot.co.uk

The (absence of) reasons in Redcar – NearlyLegal

Posted October 7th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, news by sally

“You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a ‘landmark appeal‘ and ‘hope for 440,000 disabled’. Even the tenant’s landlord, who supported her, described it as ‘fantastic news’ which ‘which should give hope to hundreds of thousands of disabled people right across the country’.”

Full story

NearlyLegal, 5th October 2013

Source: www.nearlylegal.co.uk

Master of the Rolls to preside over Plebgate appeal – The Lawyer

Posted October 3rd, 2013 in appeals, budgets, costs, judges, news by sally

“The Master of the Rolls Lord Dyson is expected to decide whether the former chief whip, Andrew Mitchell MP, can break a costs order restricting his legal spend on a defamation claim against The Sun to £2,000.”

Full story

The Lawyer, 3rd October 2013

Source: www.thelawyer.com