Gulati v MGN Ltd – WLR Daily

Posted June 3rd, 2015 in compensation, damages, interception, law reports, media, personal injuries, privacy, telecommunications by sally

Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232

‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc – WLR Daily

Posted June 3rd, 2015 in company law, interpretation, law reports, pensions, trusts by sally

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc [2015] EWHC 1499 (Ch); [2015] WLR (D) 231

‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted June 3rd, 2015 in appeals, homelessness, housing, law reports, local government, mental health, Supreme Court by sally

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

Posted June 3rd, 2015 in boundaries, environmental protection, judicial review, law reports, local government, planning by sally

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted June 3rd, 2015 in appeals, EC law, interest, law reports, restitution, VAT by sally

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) [2015] EWCA Civ 515; [2015] WLR (D) 228

‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily

Posted June 3rd, 2015 in data protection, disclosure, employment, human rights, judicial review, law reports, police, privacy, professional conduct, teachers by sally

Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225

‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

Macris v Financial Conduct Authority – WLR Daily

Posted June 3rd, 2015 in appeals, banking, financial regulation, identification, law reports, third parties by sally

Macris v Financial Conduct Authority [2015] EWCA Civ 490; [2015] WLR (D) 219

‘When determining whether, for the purposes of section 393 of the Financial Services and Markets Act 2000, “matters” in a notice issued by the Financial Conduct Authority as against a bank had “identified” a person who was not directly named, a simple objective test was to be applied.’

WLR Daily, 19th May 2015

Source: www.iclr.co.uk

Solicitor jailed for role in £4.3m land-banking scam – Legal Futures

Posted June 3rd, 2015 in banking, confiscation, fraud, news, proceeds of crime, sale of land, sentencing, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been jailed for five and a half years for his role in a £4.3m land-banking scam.’

Full story

Legal Futures, 3rd June 2015

Source: www.legalfutures.co.uk

Oliver Sargent death: Safeguarding opportunities missed – BBC News

Posted June 3rd, 2015 in causing death of children or vulnerable adults, children, doctors, homicide, hospitals, news by sally

‘Health professionals missed “several opportunities” to safeguard an 11-month-old boy before he died of a skull fracture inflicted by his father, a serious case review has found.’

Full story

BBC News, 2nd June 2015

Source: www.bbc.co.uk

Medieval laws face axe in legal pruning – The Guardian

Posted June 3rd, 2015 in bills, debts, news, repeals, statute law revision, treason by sally

‘Legislation dating back to the reign of King Henry II – preventing removal of debtors’ goods from beyond their native county – will shortly disappear from the UK’s lawbooks.’

Full story

The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Woman who sold her ex-husband’s grave space without his knowledge has to pay him £4,000 – Daily Telegraph

Posted June 3rd, 2015 in burials and cremation, compensation, divorce, fraud, married persons, news by sally

‘A woman who sold her ex-husband’s graveyard plot after forging his signature has been ordered to pay him more than £4,000.’
Full story

Daily Telegraph, 2nd June 2015

Source: www.telegraph.co.uk

The Conservative Party’s Proposals for human rights – John Wadham – UK Human Rights Blog

Posted June 3rd, 2015 in consultations, human rights, jurisdiction, news, political parties by sally

‘End the ability of the European Court of Human Rights to force the UK to change the law. Every judgement that UK law is incompatible with the Convention will be treated as advisory and we will introduce a new Parliamentary procedure to formally consider the judgement.’

Full story

UK Human Rights Blog, 2nd June 2015

Source: www.ukhumanrightsblog.com

Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

Posted June 3rd, 2015 in appeals, civil procedure rules, news, service out of jurisdiction, Supreme Court, time limits by sally

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
Full story

Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

51 year sentence for men in Leeds child sexual exploitation case – CPS News Brief

Posted June 3rd, 2015 in child abuse, news, sentencing, sexual grooming, sexual offences by sally

‘Four men have today been sentenced at Leeds Crown Court to a total of 51 years for child sexual exploitation.’

Full story

CPS News Brief, 2nd June 2015

Source: http://blog.cps.gov.uk

Surge in rape reports is overwhelming the police – Daily Telegraph

Posted June 3rd, 2015 in budgets, news, police, rape, sexual offences, statistics, terrorism by sally

‘Met Chief Sir Bernard Hogan-Howe says rape will be given the same priority as counter terrorism, but warns that hundreds more officers will be needed if the force is to avoid being overwhelmed.’

Full story

Daily Telegraph, 2nd June 2015

Source: www.telegraph.co.uk

‘Unhealthily underweight model’ Yves Saint Laurent advert banned – BBC News

Posted June 3rd, 2015 in advertising, complaints, health, news, ombudsmen by sally

‘An Yves Saint Laurent advertisement featuring an “unhealthily underweight” model has been banned by the Advertising Standards Authority (ASA).’

Full story

BBC news, 3rd June 2015

Source: www.bbc.co.uk

Education bill to close loopholes blocking academies expansion – The Guardian

Posted June 3rd, 2015 in bills, consultations, education, government departments, local government, news, school children by sally

‘The education secretary, Nicky Morgan, has vowed to “sweep away bureaucratic and legal loopholes” obstructing the takeover of as many as 1,000 struggling local authority schools in England and their rapid conversion into academies.’

Full story

The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Courtroom abuse sparks new McKenzie friend fears – Law Society’s Gazette

Posted June 2nd, 2015 in barristers, consultations, judiciary, legal services, McKenzie friends, news by sally

‘An imminent consultation by the judiciary on the proliferation of paid McKenzie friends in court is ringing alarm bells among lawyers, after a former nightclub bouncer was banned from providing such a service for grossly offensive behaviour.’

Full story

Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

If You Can’t Stand the Heat – Nearly Legal

Posted June 2nd, 2015 in EC law, energy, news, regulations by sally

‘The Heat Network (Metering and Billing) Regulations 2014 were passed near the end of 2014 by the Government. They have been starting to excite interest after the production of a scoping document in April 2015 which attempts, badly, to explain their application.’

Full story

Nearly Legal, 2nd June 2015

Source: www.nearlylegal.co.uk