Legal aid immigration case guidance ‘unlawful’ – BBC News
‘Guidance on granting legal aid for exceptional immigration cases is “unlawful”, judges have ruled.’
BBC News, 15th December 2014
Source: www.bbc.co.uk
Cosmetics tested on animals banned in the EU – or are they? – UK Human Rights Blog
‘R (on the application of the European Federation for Cosmetic Ingredients) v Secretary of State for Business, Innovation and Skills and the Attorney General, British Union for the Abolition of Vivisection and the European Coalition to End Animal Experiments (intervening) [2014] EWHC 4222 (Admin) 12 December 2014. Conscientious shoppers who check the labelling of shampoos and other cosmetic products for the “not tested on animals” legend may not be aware that there is in place an EU Regulation (“the Cosmetics Regulation”), enforceable by criminal sanctions, prohibiting the placing on the market of any product that has been tested on laboratory animals. Any comfort drawn from this knowledge however may be displaced by the uncertainty concerning the status of cosmetics whose ingredients have been tested on animals in non-EU or “third” countries. (Incidentally the Cruelty Cutter app is designed to enable consumers to test, at the swipe of a smart phone, whether the product they are contemplating purchasing has been tested on animals.)’
UK Human RIghts Blog, 12th December 2014
Source: www.ukhumanrightsblog.com
High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com
‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’
OUT-LAW.com, 15th December 2014
Source: www.out-law.com
What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law
‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’
NIPC Law, 13th December 2014
Source: www.nipclaw.blogspot.co.uk
Suspending belief – Nearly Legal
‘We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the contract of sale, that the buyer will grant the seller a tenancy after the sale, does the seller have that right so as not only to bind the buyer but also the buyer’s lender? I think, when framed as a question like that, the answer seems obvious. Call me a weak-kneed liberal, but all the equity (colloquially speaking) is in favour of the seller. They have entered in to the transaction on that basis and would not have entered in to the transaction otherwise. We all make bad deals which the law doesn’t get us out of, but the equity isn’t really in our favour: why should the law get us out of a bad deal?’
Nearly Legal, 14th December 2014
Source: www.nearlylegal.co.uk
Conscious Re-coupling and Succession – Nearly Legal
‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.
Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’
Nearly Legal, 14th December 2014
Source: www.nearlylegal.co.uk/blog/
High Court judge quashes selective licensing scheme over consultation failings – Local Government Lawyer
‘The High Court has quashed a selective licensing scheme that Enfield Council was seeking to apply to the entire borough.’
Local Government Lawyer, 12th December 2014
Source: www.localgovernmentlawyer.co.uk
HMRC raid on claims management company was lawful, High Court rules – Litigation Futures
‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’
Litigation Futures, 15th December 2014
Source: www.litigationfutures.com
Solicitors From Hell founder wins surprise High Court victory – Legal Futures
‘He has been sued 18 times in relation to the website he founded, and lost each time, but now Rick Kordowski, the man behind SolicitorsFromHell.co.uk, has recorded an unexpected High Court win.’
Legal Futures, 15th December 2014
Source: www.legalfutures.co.uk
Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning – Judiciary of England and Wales
‘Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning at the Bristol University School of Law on 8 December 2014.’
Judiciary of England and Wales, 12th December 2014
Source: www.judiciary.gov.uk
The Lord Chief Justice’s Report 2014 – Judiciary of England and Wales
‘The Lord Chief Justice has today laid his annual report before Parliament. His report looks back at the past 12 months and explains how the judiciary have administered justice across all jurisdictions by focusing on key priorities.’
Judiciary of England and Wales, 15th December 2014
Source: www.judiciary.gov.uk
Solicitor General speech on business and human rights – Attorney General’s Office
‘On Human Rights day Solicitor General Robert Buckland QC MP delivered a speech on business and human rights at the Law Society Conference.’
Attorney General’s Office, 10th December 2014
Source: www.gov.uk/ago
Proceeds of Crime Act 2002: codes of practice consultation – Attorney General’s Office
‘A consultation on a revised code of practice that governs the use of investigatory powers in the Proceeds of Crime Act 2002.’
Attorney General’s Office, 12th December 2014
Source: www.gov.uk/ago
Recent Statutory Instruments – legislation.gov.uk
The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014
The Scotland Act 2012 (Commencement No. 4) Order 2014
The Social Security (Contributions) (Amendment No. 6) Regulations 2014
The Income Tax (Recommended Medical Treatment) Regulations 2014
The Local Audit (Auditor Panel) Regulations 2014
The Health Education England Regulations 2014
The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014
The Double Taxation Relief and International Tax Enforcement (Tajikistan) Order 2014
The Double Taxation Relief and International Tax Enforcement (Canada) Order 2014
The Income Tax (Indexation) Order 2014
The Nursing and Midwifery (Amendment) Order 2014
The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2014
The Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014
The High Court (Distribution of Business) Order 2014
The Constitutional Reform and Governance Act 2010 (Commencement No. 9) Order 2014
The Plant Health (Fees) (England) (Amendment) Regulations 2014
The Heathrow and Gatwick Airports – London Noise Insulation Grants (Revocations) Scheme 2014
The Child Poverty Act 2010 (Persistent Poverty Target) Regulations 2014
The Civil Aviation (Miscellaneous Revocations) Regulations 2014
The Pensions Act 2014 (Consequential Amendments) (Units of Additional Pension) Order 2014
The Offshore Installations (Safety Zones) (No. 3) Order 2014
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Re P-K (Children) [2014] EWCA Civ 1602 (11 December 2014)
Hague Plant Ltd v Hague & Ors [2014] EWCA Civ 1609 (11 December 2014)
O’Kelly v Davies [2014] EWCA Civ 1606 (11 December 2014)
A (A Child) [2014] EWCA Civ 1577 (10 December 2014)
Chenembo v London Borough of Lambeth [2014] EWCA Civ 1576 (10 December 2014)
Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz
MN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1601 (09 December 2014)
Court of Appeal (Criminal Division)
Henwood, R. v [2014] EWCA Crim 1615 (10 December 2014)
Henwood, R. v (Rev 1) [2014] EWCA Crim 2615 (10 December 2014)
George, R v [2014] EWCA Crim 2507 (09 December 2014)
High Court (Administrative Court)
Pham v The United States of America [2014] EWHC 4167 (Admin) (12 December 2014)
High Court (Chancery Division)
Seton House Group Ltd & Anor v Mercer Ltd [2014] EWHC 4234 (Ch) (12 December 2014)
Destine Estates Ltd & Anor v Muir & Anor [2014] EWHC 4191 (Ch) (11 December 2014)
High Court (Commercial Court)
HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc [2014] EWHC 4176 (Comm) (12 December 2014)
Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 4199 (Comm) (11 December 2014)
Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2014] EWHC 4178 (Comm) (11 December 2014)
Amtrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014)
NRAM Plc v McAdam & Anor [2014] EWHC 4174 (Comm) (10 December 2014)
High Court (Family Division)
Cooper-Hohn v Anthony Hohn [2014] EWHC 4122 (Fam) (12 December 2014)
A v D & Ors [2014] EWHC 3851 (Fam) (09 December 2014)
NG v OG [2014] EWHC 4182 (Fam) (09 December 2014)
High Court (Queen’s Bench Division)
Sobolewska v Threlfall [2014] EWHC 4219 (QB) (12 December 2014)
Gardner v Northampton General Hospital NHS Trust [2014] EWHC 4217 (QB) (12 December 2014)
QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)
Heneghan v Manchester Dry Docks Ltd & Ors [2014] EWHC 4190 (QB) (11 December 2014)
Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)
Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)
High Court (Technology and Construction Court)
Imtech Inviron Ltd v Loppingdale Plant Ltd [2014] EWHC 4109 (TCC) (12 December 2014)
Source: www.bailii.org.uk
Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week
‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’
Family Law Week, 11th December 2014
Source: www.familylawweek.co.uk
DWP urged to publish inquiries on benefit claimant suicides – The Guardian
‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’
The Guardian, 14th December 2014
Source: www.guardian.co.uk
Policing cuts put public safety at risk, warns Met chief – Daily Telegraph
‘The head of the Metropolitan Police has warned that large cuts to police budgets and other services will put public safety at risk.’
Daily Telegraph, 14th December 2014
Source: www.telegraph.co.uk
