Wickland (Holdings) Ltd v Telchadder – WLR Daily

Posted November 7th, 2014 in agreements, law reports, nuisance, repossession by sally

Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469

‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Regina (B and others) v Westminster Magistrates’ Court and others – WLR Daily

Posted November 7th, 2014 in closed material, disclosure, evidence, extradition, law reports, magistrates by sally

Regina (B and others) v Westminster Magistrates’ Court and others: [2014] UKSC 59; [2014] WLR (D) 470

‘A judge hearing extradition proceedings in the magistrates’ court had no power under the Extradition Act 2003 to hear evidence in a closed court and to make an order prohibiting the disclosure to the government of the requesting state of evidence adduced by individuals whose extradition was being sought. Extradition proceedings were not in a special category which would justify a departure from the principle of open justice.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 7th, 2014 in law reports by sally

Supreme Court

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58 (05 November 2014)

Telchadder v Wickland Holdings Ltd [2014] UKSC 57 (05 November 2014)

VB & Ors v Westminster Magistrates [2014] UKSC 59 (05 November 2014)

Court of Appeal (Civil Division)

Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 (06 November 2014)

L (Costs of Children Proceedings) [2014] EWCA Civ 1437 (05 November 2014)

Interflora Inc & Anor v Marks and Spencer Plc [2014] EWCA Civ 1403 (05 November 2014)

High Court (Administrative Court)

Grabowski v Regional Court In Wloclawek, Poland [2014] EWHC 3602 (Admin) (06 November 2014)

Khan, R (On the Application Of) v London Borough Of Sutton [2014] EWHC 3663 (Admin) (06 November 2014)

Mellat v HM Treasury [2014] EWHC 3631 (Admin) (05 November 2014)

Mosekari v The London Borough of Lewisham [2014] EWHC 3617 (Admin) (05 November 2014)

Cushnie, R (On the Application Of) v Secretary of State for Health [2014] EWHC 3626 (Admin) (05 November 2014)

High Court (Chancery Division)

Avonwick Holdings Ltd v Webinvest Ltd & Anor [2014] EWHC 3661 (Ch) (06 November 2014)

Wright v Waters & Anor [2014] EWHC 3614 (Ch) (06 November 2014)

Knighthead Master Fund Lp & Ors v The Bank of New York Mellon & Anor [2014] EWHC 3662 (Ch) (06 November 2014)

High Court (Commercial Court)

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm) (06 November 2014)

Lakatamia Shipping Co Ltd & Ors v Nobu Su & Ors [2014] EWHC 3611 (Comm) (05 November 2014)

Ipartner Pte Shipping Ltd & Ors v Panacore Resources Dmcc & Ors [2014] EWHC 3608 (Comm) (05 November 2014)

The Connaught Income Fund, Series 1 v (Capita Financial Managers Ltd & Anor [2014] EWHC 3619 (Comm) (05 November 2014)

Source: www.bailii.org

Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

Posted November 7th, 2014 in compensation, conveyancing, disciplinary procedures, disclosure, fiduciary duty, news, solicitors by sally

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

Full story

Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

Speech by The Hon. Mr Justice Green: Advocacy in Peril? – Judiciary of England and Wales

Posted November 7th, 2014 in advocacy, continuing professional development, legal aid, quality assurance, speeches by sally

‘Key note address “Advocacy in Peril?” for the International Advocacy Teaching Conference, Nottingham Trent University on 28 June 2014 by The Honourable Mr Justice Green, Chairman, Advocacy Training Council.’

Full speech

Judiciary of England and Wales, 5th November 2014

Source: www.judiciary.gov.uk

Home Secretary’s oral statement on child abuse inquiry – Home Office

Posted November 7th, 2014 in child abuse, documents, evidence, government departments, inquiries, sexual offences, speeches by sally

‘With permission, Mr Speaker, I would like to make a statement on the independent panel inquiry into child abuse, which has been established to consider whether institutions in England and Wales have taken seriously their duty of care to protect children from sexual abuse.’

Full statement

Home Office, 3rd November 2014

Source: www.gov.uk/home-office

Consultation on out of court disposals – Attorney General’s Office

Posted November 7th, 2014 in cautions, consultations, drug offences, penalties, police by sally

‘The response to the joint government and police consultation on Out of Court Disposals (OOCD) sets out plans for a streamlined and more effective system.’

Full text

Attorney General’s Office, 3rd November 2014

Source: www.gov.uk/ago

Ann Maguire murder: Judge defends naming Will Cornick – BBC News

Posted November 7th, 2014 in anonymity, murder, news, public interest, reporting restrictions, young offenders by sally

‘The judge who sentenced the teenage killer of teacher Ann Maguire has defended his decision to identify him.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

Sophie Jones methadone death: Father found guilty – BBC News

Posted November 7th, 2014 in child cruelty, drug abuse, homicide, news by sally

‘The father of a two-year-old girl who died after drinking a heroin substitute has been found guilty of manslaughter.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

Jimmy Savile NHS investigations widened to include 41 hospitals – The Independent

Posted November 7th, 2014 in child abuse, hospitals, inquiries, news, sexual offences by sally

‘A total of 12 NHS Trusts have become embroiled in fresh abuse allegations against late BBC presenter Jimmy Savile, raising the number of NHS organisations undertaking investigations to 41.’

Full story

The Independent, 6th November 2014

Source: www.independent.co.uk

MI5, MI6 and GCHQ ‘spied on lawyers’ – BBC News

Posted November 7th, 2014 in disclosure, intelligence services, legal profession, news, privilege, spying by sally

‘British intelligence agencies have policies allowing staff to access confidential communications between lawyers and their clients, official documents have revealed.’

Full story

BBC news, 6th November 2014

Source: www.bbc.co.uk

Wanless review ‘fails to find Dickens’ dossier’ – BBC News

Posted November 7th, 2014 in child abuse, documents, evidence, government departments, inquiries, news, sexual offences by sally

‘An inquiry into the Home Office’s handling of child sex abuse claims in the 1980s has failed to uncover any of the missing documents that prompted the probe, BBC Newsnight has been told.’

Full story

BBC News, 7th November 2014

Source: www.bbc.co.uk

‘Fake sheikh’ Mazher Mahmood seeks injunction against Panorama expose – The Guardian

Posted November 7th, 2014 in BBC, injunctions, media, news, perjury by sally

‘Lawyers for Mazher Mahmood, the so-called “fake sheikh”, are expected to apply for a high court injunction on Friday to prevent a planned BBC documentary revealing his identity or current whereabouts.’

Full story

The Guardian, 7th November 2014

Source: www.guardian.co.uk

DPP orders inquiry into alleged rape victim suicide case – BBC News

Posted November 7th, 2014 in Crown Prosecution Service, inquests, news, perverting the course of justice, private prosecutions, rape, suicide by sally

‘An investigation has been launched into why a woman was prosecuted over an alleged false rape claim – and then killed herself. Eleanor de Freitas, 23, had bipolar disorder, and left notes saying she was frightened of going to court. She said she had been raped but faced trial for allegedly perverting the course of justice.’

Full story

BBC News, 7th November 2014

Source: www.bbc.co.uk

Deportation of Lebanese man with Down’s ‘inhumane’ – Vince Cable – The Guardian

Posted November 7th, 2014 in appeals, deportation, human rights, immigration, learning difficulties, news by sally

‘The proposed deportation of a Lebanese man with Down’s syndrome has been branded “fundamentally inhumane” by the business secretary, Vince Cable. Wadih Chourey, 44, has lived in Twickenham, south-west London, for the past 17 years after seeking refuge from abuse in Beirut. But both his parents have since died and his brother Camil, 52, said he would be unable to care for himself in Lebanon.’

Full story

The Guardian, 6th November 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 6th, 2014 in law reports by sally

Supreme Court

Les Laboratoires Servier & Anor v Apotex Inc & Ors (Rev 1) [2014] UKSC 55 (29 October 2014)

Court of Appeal (Civil Division)

Jacobs v Sesame Ltd [2014] EWCA Civ 1410 (30 October 2014)

Grace & Anor v Black Horse Ltd [2014] EWCA Civ 1413 (30 October 2014)

M (A Child: Long-Term Foster Care) [2014] EWCA Civ 1406 (30 October 2014)

ZZ (Tanzania) v The Secretary of State for the Home Department [2014] EWCA Civ 1404 (29 October 2014)

High Court (Chancery Division)

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014)

High Court (Technology and Construction Court)

Liberty Mercian Ltd v Cuddy Civil Engineering Ltd & Anor [2014] EWHC 3584 (TCC) (30 October 2014)

CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors [2014] EWHC 3546 (TCC) (29 October 2014)

High Court (Commercial Court)

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GMBH [2014] EWHC 3615 (Comm) (04 November 2014)

Source: www.bailii.org

Anxious Scrutiny – Speech by Lord Sumption

Posted November 6th, 2014 in human rights, news, proportionality, speeches, treaties by sally

Anxious Scrutiny (PDF)

Lord Sumption

Administrative Law Bar Association Annual Lecture, 4th November 2014

Source: www.supremecourt.uk

Children Public Law Update – Family Law Week

Posted November 6th, 2014 in adoption, appeals, news, placement orders, reporting restrictions by sally

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

Full story

Family Law Week, 5th November 2014

Source: www.familylawweek.co.uk

‘Worst’ bird of prey poisoner Allen Lambert given suspended sentence – BBC News

Posted November 6th, 2014 in birds, guilty pleas, news, pesticides, poisoning, suspended sentences by sally

‘A gamekeeper convicted of “the worst case of bird of prey poisoning” recorded in England has been given a 10-week suspended sentence.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

Government gives green light to level crossing reform – Law Commission

Posted November 6th, 2014 in health & safety, Law Commission, news, railways, road safety, roads by sally

‘The Government has accepted the majority of the reforms to level crossing law recommended by the Law Commission and Scottish Law Commission, and has committed to review the remainder.’

Full story

Law Commission, 5th November 2014

Source: www.lawcommission.justice.gov.uk