“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”
Family Law Week, 17th November 2013
Source: www.familylawweek.co.uk
Supreme Court, 6th November 2013
Supreme Court, 6th November 2013
TFL Management Services Ltd v Lloyds Bank plc [2013] EWCA Civ 1415; [2013] WLR (D) 437
“In determining whether a party had a claim for restitution based on unjust enrichment, the court ought to consider the following four questions: (i) has the defendant benefited or been enriched?; (ii) was the enrichment at the expense of the claimant?; (iii) was the enrichment unjust?; and (iv) was there any specific defence available to the defendant. The issue of whether any benefit was incidental and therefore amounted to a defence to an unjust enrichment claim was to be determined by reference to consideration of those four questions, rather than a formulation of a general exception based on characterisation of the nature of the benefit alone.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436
“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
“The appeal hearing for Mairead Philpott and Paul Mosley, convicted of killing six children in a Derby house fire, is expected to be filmed for television.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
“The Court of Appeal has recently handed down judgements in Société des Produits Nestlé SA v Cadbury UK Limited and JW Spear & Sons Limited, Mattel Inc & Mattel UK Limited v Zynga Inc, which emphasise the importance of complying with the conditions of Article 2 of the Trade Marks Directive 2008/95/EC as being a ‘sign’ capable of graphic representation.”
Technology Law Update, 15th November 2013
Source: www.technology-law-blog.co.uk
“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
“Five Royal Marines have lodged a challenge against a ruling they can be named, after one of them was convicted of the murder of an Afghan insurgent, the Judicial Office has said.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
“A human rights organisation that supports gay and lesbian individuals in countries where homosexuality is outlawed has been denied charitable status on the grounds that it is not sufficiently of ‘public benefit’.”
The Guardian, 17th November 2013
Source: www.guardian.co.uk
“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”
Panopticon, 14th November 2013
Source: www.panopticonblog.com
“A pharmaceuticals company did not act in breach of UK competition rules when it placed restrictions on its supply of a drug to one of its customers, the Court of Appeal has ruled.”
OUT-LAW.com, 14th November 2013
Source: www.out-law.com
Moss v The Queen: [2013] UKPC 32; [2013] WLR (D) 434
“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
“A bar operator has been ordered to pay a local authority £72,000 in legal costs after it lost an appeal over restrictions imposed on its opening hours.”
Local Government Lawyer, 14th November 2013
Source: www.localgovernmentlawyer.co.uk
“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432
“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”
WLR Daily, 6th November 2013
Source: www.iclr.co.uk
Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D) 433
“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
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