“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
Regina v Dawes; Regina v Hatter; Regina v Bowyer [2013] EWCA Crim 322; [2013] WLR (D) 130
“For the purposes of the defence of loss of self-control, on a charge of murder, the questions whether the circumstances were extremely grave and whether the defendant’s sense of being seriously wronged by them was justifiable required objective assessment by the judge at the end of the evidence and, if the defence was left, by the jury considering their verdict. They were not to be decided by the defendant on the basis of any assertions he might make in evidence or any account he might give in the investigative process.”
WLR Daily, 26th March 2013
Source: www.iclr.co.uk
Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129
“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
Regina (Patel) v General Medical Council [2013] EWCA Civ 1938; [2013] WLR (D) 128
“A professional medical body with responsibility for registering doctors was not entitled to defeat the legitimate expectation of registration of a British resident who had undertaken a long course of study by distance learning at an overseas university, relying on e-mail assurances from the defendant body that he would be entitled to register his medical qualification once awarded on completion of all the clinical requirements. The decision to refuse him registration because the criteria for accepting overseas qualifications had since changed could not stand.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
Regina (Dowsett) v Secretary of State for Justice [2013] EWHC 687 (Admin); [2013] WLR (D) 126
“The Secretary of State’s policy that male prisoners could not normally object to “rub-down” searches being conducted by a female prison officer except on genuine religious or cultural grounds was not discriminatory on grounds of sex or lack of religion. The exceptions to the policy were a proportionate way of dealing with genuine objections by male prisoners to being searched by female officers and the width of the exceptions to the policy did not lead to an unacceptable risk of unlawful decision-making.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”
Full story (PDF)
Zenith Chambers, 28th March 2013
Source: www.zenithchambers.co.uk
“The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”
Competition Bulletin from Blackstone Chambers, 28th March 2013
Source: www.competitionbulletin.com
“Hot on the Home Secretary’s loss of the Abu Qatada appeal, a reverse for her in another deportation case about someone whom the Court of Appeal described as ‘an important and significant member of a group of Islamist extremists in the UK,’ and who was said to have links – direct or indirect – with men involved in the failed July 21 2005 bombing plot.”
UK Human Rights Blog, 31st March 2013
Source: www.ukhumanrightsblog.com
“Omar Othman is a resident of this country – guilty of no crime and up to now facing no charges – whose home country wants to put him on trial in a case where the key evidence against him will in all likelihood have been procured by torture. The only reason he probably won’t be tortured is because the state concerned has reluctantly promised (as an inducement to get him back) not to follow its usual routine.”
UK Constitutional Law Group, 30th March 2013
Source: www.ukconstitutionallaw.org
Parshall v Hackney: [2013] EWCA Civ 240; [2013] WLR (D) 124
“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”
WLR Daily, 26th March 2013
Source: www.iclr.co.uk
“UK courts have ruled against sending Abu Qatada to Jordan, but now he might be charged for allegedly breaching bail conditions.”
The Guardian, 27th March 2013
Source: www.guardian.co.uk
“Home Secretary Theresa May has lost her appeal against a ruling preventing the
deportation of preacher Abu Qatada.”
BBC News, 27th March 2013
Source: www.bbc.co.uk
“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”
NearlyLegal, 24th March 2013
Source: www.nearlylegal.co.uk/blog/
“Villagers who have spent almost three years blockading an illegal gipsy camp
declared victory after a High Court judge ordered the travellers to leave.”
Daily Telegraph, 27th March 2013
Source: www.telegraph.co.uk
“Home Secretary Theresa May is due to learn whether she has won an appeal to
overturn a decision to allow radical cleric Abu Qatada to stay in the UK.”
BBC News, 27th March 2013
Source: www.bbc.co.uk
“Kevin Lane was jailed for life for the 1994 murder of Robert Magill, and given a tariff of eighteen years. As his daily updated website indicates, he has now completed that tariff plus 46 days. However, he has not yet been released because he continues to protest his innocence.”
The Guardian, 26th March 2013
Source: www.guardian.co.uk
“The Legal Ombudsman (‘LeO’) publishes brief summaries of its decisions on its website. Where awards have been made against lawyers to date the amounts have usually been very modest: hundreds rather than thousands of pounds. There has not been much for lawyers or their insurers to worry about. But things could be about to change.”
Full story (PDF)
4 New Square, 21st March 2013
Source: www.4newsquare.com
“The company contracted by the Ministry of Justice to provide court interpreters has won an appeal against a decision to award a third-party costs order after a sentencing hearing was adjourned due an interpreter’s non-appearance.”
Law Society’s Gazette, 26th March 2013
Source: www.lawgazette.co.uk
“Last year the Divisional Court upheld the Home Secretary’s decision to prevent a dissident Iranian politician coming to the United Kingdom to address the Palace of Westminster: see that decision here and my post discussing the ‘Politics of Fear’.”
UK Human Rights Blog, 22nd March 2013
Source: www.ukhumanrightsblog.com
“In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was ‘in the teeth’ of the medical evidence. How could the case have got this far, one might well ask? At heart in this case, there is something interesting about the reception by homelessness officers about medical evidence (see comments at the end). The final point by way of introduction is a hat-tip to Debra Wilson at Anthony Gold who, I’m told, took Mr El-Dinnaoui’s appeal pro bono (and won).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
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