‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’
Local Government Lawyer, 27th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’
UK Human Rights Blog, 24th November 2013
Source: www.ukhumanrightsblog.com
R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)
Supreme Court, 23rd October 2013
“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”
UK Human Rights Blog, 23rd October 2013
Source: www.ukhumanrightsblog.com
“Joint liquidators of a company were not data controllers within the meaning of section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to its liquidation.”
WLR Daily, 8th August 2013
Source: www.iclr.co.uk
“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”
Local Government Lawyer, 23rd July 2013
Source: www.localgovernmentlawyer.co.uk
Hunt v Conwy County Borough Council [2013] EWHC 1154 (Ch); [2013] WLR (D) 205
“It was open to the court to entertain an application under section 320(2)(c) to vest a dwelling in its occupants notwithstanding that the applicant occupied only part of the disclaimed property as his dwelling house and it was open to the court, on such an application, to make an order relating to only a part of the disclaimed property.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”
UK Constitutional Law Group, 3rd June 2013
Source: www.ukconstitutionallaw.org
“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”
Full story (PDF)
11 Stone Buildings, 13th May 2013
Source: www.11sb.com
“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 8th May 2013
Source: www.out-law.com
“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”
WLR Daily, 7th February 2013
Source: www.iclr.co.uk
Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055; [2012] WLR (D) 244
“Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other addressees of the decision until the appeal had been determined.”
WLR Daily, 31st July 2012
Source: www.iclr.co.uk
“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”
WLR Daily, 14th May 2012
Source: www.iclr.co.uk
“An analysis by the Times (‘Legislation gap makes light work for MPs’, 27 January) has revealed that MPs have spent a mere 24% of their time in the last four months considering government legislation. During the same period in the previous year, the figure was 62%.”
Halsbury’s Law Exchange, 2nd February 2012
Source: www.halsburyslawexchange.co.uk/
“The phone-hacking scandal has spilled over into an extraordinary public clash between the Metropolitan police and the director of public prosecutions, with each side implying the other has misled parliament.”
The Guardian, 24th March 2011
Source: www.guardian.co.uk
41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62
“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”
WLR Daily, 25th February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
DCC Holdings (UK) Ltd v Revenue and Customs Comrs [2010] UKSC 58; [2010] WLR (D) 333
“When interpreting a deeming provision in a taxing statute it was important not to take the hypothesis further than was warranted. It followed that the deeming provisions in corporation tax legislation on sale and resale ‘repo’ transactions — whereby the parties’ accounts were to be debited and credited on the basis that it was a deemed loan relationship between them — were to be construed so that they reflected the statutory purpose of taxing such transactions on a uniform basis and not so that one party could claim a debit which could be set off against other liabilities.”
WLR Daily, 16th December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274
“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”
WLR Daily, 3rd November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200
“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”
WLR Daily, 28th July 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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