BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Levi and another v Bates and others – WLR Daily
Levi and another v Bates and others [2015] EWCA Civ 206; [2015] WLR (D) 119
‘It was not a requirement of the statutory tort of harassment under the Protection from Harassment Act 1997 that the claimant be a target of the perpetrator’s conduct.’
WLR Daily, 12th March 2015
Source: www.iclr.co.uk
Regina (Demetrio) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission (PC Harrington and another, interested parties) – WLR Daily
‘Section 10(6) of the Police Reform Act 2002 enabled the Independent Police Complaints Commission to do anything calculated to facilitate the carrying out of its functions, which included the power to reopen an investigation into allegations against a police constable, which had resulted in a final report that there was no case to answer.’
WLR Daily, 6th March 2015
Source: www.iclr.co.uk
RTA (Business Consultants) Ltd v Bracewell – WLR Daily
RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117
‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’
WLR Daily, 12th March 2015
Source: www.iclr.co.uk
Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor – WLR Daily
‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’
WLR Daily, 3rd March 2015
Source: www.iclr.co.uk
In re St John the Baptist, Penshurst – WLR Daily
In re St John the Baptist, Penshurst [2015] WLR (D) 115
‘Since the decision to grant a faculty for the removal of a chancel screen of artistic merit from a Grade 1 listed church had been based on an erroneous evaluation of the facts, applying the test in In re St Edburga’s, Abberton [1962] P 10, the appeal had to be allowed and the grant set aside; but, considering the matter anew, the faculty would nevertheless issue.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
Delaney v Secretary of State for Transport – WLR Daily
Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112
‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily
‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’
WLR Daily, 25th February 2015
Source: www.iclr.co.uk
Kololo v Commissioner of Police of the Metropolis – WLR Daily
Kololo v Commissioner of Police of the Metropolis [2015] EWHC 600 (QB); [2015] WLR (D) 111
‘A data subject access request made pursuant to section 7 of the Data Protection Act 1998 for the purpose of verifying the accuracy of the data held about the subject with a view to employing such data in foreign criminal appeal proceedings was not an abuse of process. In such circumstances, there was nothing to indicate that the Crime (International Co-operation) Act 2003 was the sole procedure by which evidence for use in foreign criminal proceedings could be obtained.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
Dangerous dog offences guideline – Sentencing Council
‘The Sentencing Council issued a dangerous dog offences guideline in August 2012. In May 2014 amendments to the Dangerous Dogs Act 1991 were enacted through the Anti-social Behaviour, Crime and Policing Act 2014, which made such substantial changes to the offence and the maximum penalties that the Council considered it would be appropriate to revise comprehensively the existing guideline.
Sentencing Council, 17th March 2015
Source: http://consult.justice.gov.uk
Civil litigation: indemnity costs – Law Society’s Gazette
‘The recent case of Siegel v Pummell [2015] EWHC 195 (QB) demonstrates judicial willingness to make a costs order on the indemnity basis where circumstances exist which justify such an order being made.’
Law Society’s Gazette, 16th March 2015
Source: www.lawgazette.co.uk
Three judges removed and a fourth resigns for viewing pornography at work – The Guardian
‘Three judges have been removed and a fourth has resigned following an investigation into an allegation that they viewed pornographic material on office computers.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
Greens lose out in latest TV ruling but Ukip gain after being classed as ‘major party’ – The Independent
‘Television viewers will have to endure even more coverage of Nigel Farage in the run-up to the election but will not be forced to sit through as many awkward Natalie Bennett interviews.’
The Independent, 16th March 2015
Source: www.independent.co.uk
Rotherham abuse: Ofsted ‘failed to detect abuse’ – BBC News
‘Government inspectors failed to detect child sexual exploitation in Rotherham because they trusted council staff, a report by MPs has said.’
BBC News, 17th March 2015
Source: www.bbc.co.uk
Lecturer sues ex-wife for £100,000 after being told IVF son is not his – Daily Telegraph
‘The man, who cannot be named, claims he had no idea that his then wife used her ex-boyfriend’s sperm rather than his to father her child.’
Daily Telegraph, 16th March 2015
Source: www.telegraph.co.uk
Dangerous dogs sentencing consultation begins – BBC News
‘People who breed dogs to be aggressive or used as weapons could be among those most severely punished under new dangerous dog sentencing guidelines. ‘
BBC News, 17th March 2015
Source: www.bbc.co.uk
CPS decision to stop private prosecutions of doctors charged with abortion offences – CPS News Brief
‘In February 2012 Drs Sivaraman and Rajmohan were the subject of an undercover operation organised by The Daily Telegraph at various abortion clinics in England. The evidence obtained was passed to the police and, after an investigation, considered by the Crown Prosecution Service (CPS). It was concluded that in each case there was sufficient evidence of an abortion offence, although this was a finely balanced decision, but that it was not in the public interest to prosecute. On 5 September 2013 and, in more detail, on 7 October 2013 the CPS issued public statements explaining the decision making in these cases.’
CPS News Brief, 13th March 2015
Source: http://blog.cps.gov.uk
Man who groomed 15-year-old girl for sex given suspended sentence – The Guardian
‘A man has been spared jail after he groomed a “vulnerable” 15-year-old schoolgirl over Facebook.’
The Guardian, 16th March 2015
Source: www.guardian.co.uk
More health and safety offenders likely to appeal, says expert, as magistrates get power to issue unlimited fines – OUT-LAW.com
‘Companies and individuals charged with health and safety offences in England and Wales will be likely to change their tactics in the courts following last week’s removal of the cap on fines imposed by the magistrates’ courts, an expert has said.’
OUT-LAW.com, 16th March 2015
Source: www.out-law.com
Law degree drop-out Malachi Lindo jailed for murder – BBC News
‘A law degree drop-out has been jailed for life for repeatedly battering a stranger’s head with a brick while in a “drug-induced psychosis”.’
BBC News, 16th March 2015
Source: www.bbc.co.uk
