BAILII: Recent Decisions
Court of Appeal (Criminal Division)
‘Beach body ready’ ad ‘can’t appear again in its current form’ says watchdog – Daily Telegraph
‘The Advertising Standards Authority will establish if the controversial ad for Protein World breaks harm and offence rules or is socially irresponsible.’
Daily Telegraph, 29th April 2015
Source: www.telegraph.co.uk
McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily
‘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
‘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
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
‘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
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
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
‘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
‘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
Stalking victim warns of legal loophole – BBC News
‘Stalkers must be stopped from using a loophole in the legal system to harass their targets, a victim has said.’
BBC News, 29th April 2015
Source: www.bbc.co.uk
GCHQ conducted illegal surveillance, investigatory powers tribunal rules – The Guardian
‘GCHQ, Britain’s national security surveillance agency, has been ordered to destroy legally privileged communications it unlawfully collected from a Libyan rendition victim.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
What amounts to a “human rights claim” generating a new right of appeal? – Free Movement
‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’
Free Movement, 29th April 2015
Source: www.freemovement.org.uk
Recovering penalties from directors and employees: Safeway revisited – Competition Bulletin from Blackstone Chambers
‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’
Competition Bulletin from Blackstone Chambers, 29th April 2015
Source: www.competitionbulletin.com
Senior judge says the UK needs a new Copyright Act – OUT-LAW.com
‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’
OUT-LAW.com, 29th April 2015
Source: www.out-law.com
Teenager found guilty of grooming man to carry out Lee Rigby copycat killing – The Guardian
‘A teenager has been found guilty of a bungled terror plot to groom a young man with learning difficulties to carry out a Lee Rigby copycat killing.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
Alleged sex abuser’s legal claim challenged in court – Daily Telegraph
‘Man claimed to have abused former partner’s daughter should not have lawyers’ fees paid by the taxpayer, Government argues.’
Daily Telegraph, 29th April 2015
Source: www.telegraph.co.uk
Late applications to amend come a cropper in High Court – Litigation Futures
‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story
Litigation Futures, 29th April 2015
Source: www.litigationfutures.com
Child abuse inquiry judge to investigate Lord Janner allegations – The Guardian
‘A high court judge is to investigate whether child sexual abuse allegations against Lord Janner were the subject of an establishment cover-up.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
