PricewaterhouseCoopers v Saad Investments Co Ltd – WLR Daily
PricewaterhouseCoopers v Saad Investments Co Ltd: [2014] UKPC 35; [2014] WLR (D) 475
‘A court would not normally entertain submissions from strangers to a winding up to the effect that a winding up order should not have been made, but general rule should not be elevated into an immutable principle, applicable in every case irrespective of its facts.’
WLR Daily, 10th November 2014
Source: www.iclr.co.uk
Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily
Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476
‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’
WLR Daily, 20th November 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Chancery Division)
Lie v Mohile [2014] EWHC 3709 (Ch) (11 November 2014)
Williams v Seals & Ors [2014] EWHC 3708 (Ch) (11 November 2014)
High Court (Commercial Court)
Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2014] EWHC 3704 (Comm) (11 November 2014)
High Court (Family Division)
SB v MB (Costs) [2014] EWHC 3721 (Fam) (10 November 2014)
Source: www.bailii.org.
Post-Adoption Contact: All Change or More of the Same? – Family Law Week
‘Lance Dodgson, barrister of Bank House Chambers, considers the changes concerning post-adoption contact made by the Children and Families Act 2014 and asks what effect they will have in practice.’
Family Law Week, 11th November 2014
Source: www.familylawweek.co.uk
Powerboater injured in crash awarded £5.5m damages – Daily Telegraph
‘A talented young powerboater who suffered catastrophic head injuries when two boats collided during a race has been awarded £5.5 million High Court damages.’
Daily Telegraph, 11th November 2014
Source: www.telegraph.co.uk
Thief with fake baby ‘bump’ who avoided prison by pretending she was pregnant is finally jailed – Daily Telegraph
‘A thief who avoided prison by lying to court about being pregnant, later showing suspicious probation staff photos of a child she claimed was her baby, has been jailed for five months for perverting the course of justice.’
Daily Telegraph, 11th November 2014
Source: www.telegraph.co.uk
Paedophile hunters: the vigilantes taking the law into their own hands – The Guardian
‘The pair of underage girls groomed for sex by a 50-year-old paedophile, Peter Mitchell, could not attend his sentencing at Derby crown court on Tuesday for one simple reason: they did not exist. The satisfaction of justice was instead enjoyed by a middle-aged married couple who have become the latest in a wave of vigilante “hunters” who are so frustrated at police inaction to stop online grooming of children that they are taking the law into their own hands.’
The Guardian, 11th November 2014
Source: www.guardian.co.uk
EU court moves against ‘benefits tourism’ in landmark ruling – The Independent
‘The European Court of Justice has issued a historic ruling against Romanian woman living in Germany that could set a major precedent blocking so-called “benefits tourism” across the continent.’
The Independent, 11th November 2014
Source: www.independent.co.uk
MPs’ calls to prisoners ‘taped’, says Chris Grayling – Daily Telegraph
‘Private conversations between MPs and prisoners from their constituencies may have been recorded and monitored in jails, Chris Grayling, the Justice Secretary has announced. The minister issued an apology to the House of Commons after disclosing that communications by at least 32 current MPs were thought to be involved.’
Daily Telegraph, 11th November 2014
Source: www.telegraph.co.uk
Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian
‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’
The Guardian, 11th November 2014
Source: www.guardian.co.uk
Shoplifter assault case PC dismissed from Met Police – Daily Telegraph
‘A Metropolitan Police officer who punched a suspected shoplifter before pinning her to the ground has been dismissed from the force.’
BBC News, 11th November 2014
Source: www.bbc.co.uk
Domestic violence should be specific criminal offence, says Law Commission – The Guardian
‘A specific criminal offence should be created to deal with cases of domestic violence, the Law Commission has suggested in a consultation launched on Wednesday.’
The Guardian, 12th November 2014
Source: www.guardian.co.uk
Harry Roberts: Police killer released from prison – BBC News
‘Notorious police killer Harry Roberts has been released from prison. Roberts, now 78, was jailed for life for murdering three unarmed officers in Shepherd’s Bush, west London, in 1966.’
BBC News, 12th November 2014
Source: www.bbc.co.uk
Banks fined record £2bn over foreign exchange rigging – The Guardian
‘Regulators on both sides of Atlantic impose fines totalling £2bn on HSBC, Royal Bank of Scotland, UBS, JP Morgan and Citigroup.’
The Guardian, 12th November 2014
Source: www.guardian.co.uk
Connah Smith jailed for nurses murder bid – BBC News
‘A man found guilty of attempting to murder two trainee nurses who were stabbed, doused with petrol and almost set on fire has been jailed for life.’
BBC News, 11th November 2014
Source: www.bbc.co.uk
Secretive terror trial to be re-run after jury is discharged – The Guardian
‘The highly secretive trial of a man accused of plotting a terrorist attack in London is to be re-run after an Old Bailey jury was discharged. Erol Incedal, 26, is expected to appear in court for a second time next year. He had pleaded not guilty to a charge, brought under the Terrorism Act 2006, that he intended to commit acts of terrorism or assist another to commit them between 1 February 2012 and 14 October last year.’
The Guardian, 11th November 2014
Source: www.guardian.co.uk
Be wary of judicial slogans – Jonathan Sumption – UK Human Rights Blog
‘In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.’
UK Human Rights Blog, 10th November 2014
Source: www.ukhumanrightsblog.com
FCA fines and bans senior Swinton management figures over sales culture failings – OUT-LAW.com
‘The former chief executive, finance director and marketing director at a UK insurance provider have been served with fines by the Financial Conduct Authority (FCA) and banned from taking senior positions at other financial services companies in the future.’
OUT-LAW.com, 10th November 2014
Source: www.out-law.com
Tribunal must give disputing parties chance to query legal approach neither party advocates, says High Court – OUT-LAW.com
‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’
OUT-LAW.com, 10th November 2014
Source: www.out-law.com
