WPc’s cut thumb will cost force £100,000 – Daily Telegraph

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

Full story

Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk

Peers clash over right-to-die ‘spin’ – Daily Telegraph

Posted May 13th, 2013 in appeals, assisted suicide, barristers, bills, doctors, euthanasia, murder, news by sally

“Lord Carlile of Berriew QC said that plans due to be put before Parliament by
Lord Falconer on Wednesday to allow doctors to help terminally ill people to die
would not ‘pass the public safety test’. Lord Carlile makes his warning, in an
article in today’s Sunday Telegraph, as the biggest combined assault on
Britain’s ban on euthanasia for a generation is about to be instigated.”

Full text

Daily Telegraph, 11th May 2013

Source: www.telegraph.co.uk

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

Posted May 10th, 2013 in appeals, immigration, judicial review, law reports, tribunals by sally

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Khans Solicitors (a firm) v Chifuntwe and another – WLR Daily

Posted May 10th, 2013 in appeals, costs, law firms, law reports, solicitors by sally

Khans Solicitors (a firm) v Chifuntwe and another [2013] EWCA Civ 481; [2013] WLR (D) 167

“The court would intervene to protect a solicitor’s claim on funds recovered or due to be recovered by a client or former client if the paying party was on notice that the other party’s solicitor had a claim on the funds for outstanding fees.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

“Is the test for capacity to cohabit the same as the test for capacity to marry?” – UK Human Rights Blog

Posted May 10th, 2013 in appeals, cohabitation, learning difficulties, mental health, news by sally

“It may seem strange that the same individual, with learning difficulties, can be considered to have capacity to marry, but not the capacity to decide whether to live with the person they have espoused. What, in essence, is marriage, that puts it on such a different footing to informal cohabitation?”

Full story

UK Human Rights Blog, 9th May 2013

Source: www.ukhumanrightsblog.com

Wyatt v Vince – WLR Daily

 Wyatt v Vince: [2013] EWCA Civ 495;   [2013] WLR (D)  166

“The court should not allow either party to a former marriage to be harassed by claims for financial relief which were issued many years after the divorce and had no real prospect of success. Such claims should be struck out under FPR r 4.4(1)(b) as an abuse of process.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Burr v OM Property Management Ltd – WLR Daily

Burr v OM Property Management Ltd: [2013] EWCA Civ 479;   [2013] WLR (D)  164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Attorney General ‘wrong to overrule judges who ordered Government to publish letters Prince Charles wrote to ministers’ – The Independent

“The Attorney General Dominic Grieve got the law wrong when he overruled judges who ordered the government to publish letters Prince Charles wrote to ministers, a court heard today.”

Full story

The Independent, 8th May 2013

Source: www.independent.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 8th, 2013 in appeals, landlord & tenant, law reports, service charges, time limits by sally

Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Regina (JL) v Secretary of State for Defence – WLR Daily

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

Bleddyn King loses web date murder minimum term appeal – BBC News

Posted May 7th, 2013 in appeals, murder, news, sentencing, young offenders by sally

“A teenager found covered in the blood of a 64-year-old man he stabbed 72 times has failed to cut his 28-year minimum jail term for the murder.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

Regina v Radjpaul – WLR Daily

Posted May 3rd, 2013 in appeals, harassment, insanity, law reports, reasons by sally

Regina v Radjpaul: [2013] EWCA Crim 591;   [2013] WLR (D)  160

“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily

Posted May 3rd, 2013 in appeals, costs, detention, hospitals, law reports, mental health by sally

Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471;   [2013] WLR (D)  158

“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

Attrill and others v Dresdner Kleinwort Ltd and another – WLR Daily

Posted May 3rd, 2013 in appeals, contract of employment, law reports, remuneration by sally

Attrill and others v Dresdner Kleinwort Ltd and another: [2013] EWCA Civ 394;   [2013] WLR (D)  156

“A unilateral promise to pay discretionary bonuses introduced into a pre-existing contractual relationship was legally binding.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

Teachers accused: 4 recent cases – Education Law Blog

“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”

Full story

Education Law Blog, 1st May 2013

Source: www.education11kbw.com

When is Article 8 available at the enforcement stage of the eviction process? – NearlyLegal

Posted May 2nd, 2013 in appeals, armed forces, enforcement, human rights, news, repossession by sally

“In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal ‘broke new ground’ by considering how Article 8 applied to the stage at which possession orders are enforced.”

Full story

NearlyLegal, 1st May 2013

Source: www.nearlylegal.co.uk

An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers

Posted May 1st, 2013 in appeals, civil procedure rules, costs, damages, fees, news by sally

“In ‘part-payment’ for the loss of recoverability of the CFA success fee, Lord Justice Jackson gave Claimants a 10% uplift on general damages, which was enacted in rather peculiar fashion by the Court of Appeal in Simmons v Castle by means that can only be described as ‘judicial legislating’.”

Full story

Hardwicke Chambers, 19th April 2013

Source: www.hardwicke.co.uk

Dappy loses appeal against conviction – The Guardian

Posted April 30th, 2013 in affray, appeals, assault, news by sally

“N-Dubz rapper Dappy, who was found guilty of assault and affray, has lost a challenge against his conviction.”

Full story

The Guardian, 30th April 2013

Source: www.guardian.co.uk

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others – WLR Daily

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367; [2013] WLR (D) 154

“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 30th, 2013 in adoption, appeals, law reports, parental rights by sally

In re C (A Child) (Adoption: Placement order) [2013] EWCA Civ 431; [2013] WLR (D) 151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk