Supreme court puts archive of recordings of past cases online – The Guardian

Posted May 5th, 2015 in appeals, internet, law reports, news, Supreme Court by sally

‘The supreme court is to make recordings of past cases available online as a free video archive.’

Full story

The Guardian, 5th May 2015

Source: www.guardian.co.uk

ParkingEye Ltd v Beavis (The Consumers’ Association intervening) – WLR Daily

Posted May 1st, 2015 in law reports, news, parking, penalties, unfair contract terms by sally

ParkingEye Ltd v Beavis (The Consumers’ Association intervening: [2015] EWCA Civ 402; [2015] WLR (D) 190

‘A parking charge of £85 imposed once a motorist overstayed a permitted two-hour period of free parking was not extravagant or unconscionable in the circumstances and was enforceable at law.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) – Supreme Court

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) [2015] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellant) v Olympic Airlines SA (Respondent) – Supreme Court

Posted April 30th, 2015 in airlines, appeals, compensation, insolvency, law reports, pensions, Supreme Court by sally

The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellant) v Olympic Airlines SA (Respondent) [2015] UKSC 27 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2015] UKSC 28 & [2013] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) – Supreme Court

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) [2015] UKSC 23 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

R v GH (Respondent) – Supreme Court

R v GH (Respondent) [2015] UKSC 24 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 30th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) [2015] UKSC 23; [2015] WLR (D) 182

‘The defence of ex turpi causa non oritur actio is not available to company directors in a claim by the company for conspiracy to defraud the company because the directors’ conduct cannot be attributed to the company in the context of its claim for a breach of the directors’ duties. Section 213 of the Insolvency Act 1986 has extra territorial effect and can be invoked against the directors.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Regina v Bryon – WLR Daily

Posted April 30th, 2015 in appeals, burglary, crime, DNA, evidence, law reports by sally

Regina v Bryon [2015] WLR (D) 180

‘While DNA evidence taken from a moveable object was on its own insufficient for a prosecution case to go to a jury, DNA evidence combined with admissible evidence of a previous conviction for a similar offence was a sufficient basis.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) – WLR Daily

Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) [2015] EWHC 1077 (Admin); [2015] WLR (D) 181

‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’

WLR Daily, 21st April 2015

Source: www.iclr.co.uk

Aitken v Director of Public Prosecutions – WLR Daily

Posted April 30th, 2015 in law reports, media, publishing, reporting restrictions by sally

Aitken v Director of Public Prosecutions [2015] EWHC 1079 (Admin); [2015] WLR (D) 184

‘The editor of a newspaper did not as a matter of law fall outside the scope of the expression “any person who publishes” for the purposes of the offence of publishing information likely to lead to the identification of a child witness/victim in criminal proceedings, contrary to section 39(2) of the Children and Young Persons Act 1933.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Regina v GH – WLR Daily

Posted April 30th, 2015 in appeals, fraud, law reports, money laundering, proceeds of crime, Supreme Court by sally

Regina v GH [2015] UKSC 24; [2015] WLR (D) 178

‘A person who opened bank accounts which he knew or suspected would then be used by a fraudster to deposit money which the latter hoped to obtain from victims could be charged with entering into an arrangement to facilitate the retention of criminal property, contrary to section 328(1) of the Proceeds of Crime Act 2002, even though there was no criminal property until after victims’ money had been paid into the accounts.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Moreno v Motor Insurers’ Bureau – WLR Daily

Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177

‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

Regina v Hunter (Nigel); Regina v Saruwu (Joseph); Regina v Johnstone (Ian); Regina v Walker (Alan); Regina v Lonsdale (Paul) – WLR Daily

Posted April 30th, 2015 in crime, good character, jury directions, law reports by sally

Regina v Hunter (Nigel); Regina v Saruwu (Joseph); Regina v Johnstone (Ian); Regina v Walker (Alan); Regina v Lonsdale (Paul) [2015] EWCA Crim 631; [2015] WLR (D) 176

‘Only defendants with a good character or deemed to be of effective good character were entitled to a good character direction. Where a defendant had a bad character, a judge was not obliged to give a good character direction; he or she had a discretion.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

Abdelmamoud v The Egyptian Association in Great Britain Ltd and others – WLR Daily

Posted April 30th, 2015 in civil procedure rules, law reports, setting aside by sally

Abdelmamoud v The Egyptian Association in Great Britain Ltd and others [2015] EWHC 1013 (Ch); [2015] WLR (D) 175

‘In order for a non-party to be “directly affected” by a judgment or order for the purpose of CPR r 40.9, it was necessary that some interest capable of recognition by the law was materially and adversely affected by the judgment or order or would be materially and adversely affected by the enforcement of the judgment or order.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk