‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’
OUT-LAW.com, 10th September 2014
Source: www.out-law.com
‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the third of this four–part series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.’
No. 5 Chambers, 3rd September 2014
Source: www.no5.com
Supreme Court
Robertson v Swift [2014] UKSC 50 (09 September 2014)
Family Court Decisions (other Judges)
Chd1 & Chd1 (Children : care orders) [2014] EWFC B113 (09 September 2014)
Source: www.bailii.org
‘Sir Ross Cranston will interview the Lord Chief Justice, Lord Thomas of Cwmgiedd, about his career in the law.’
Date: 25th November 2014, 6.30-8.00pm
Location: Old Theatre, Old Building
Charge: Free
More information can be found here.
The Register of Presumed Deaths (Fees) Regulations 2014
The Tuberculosis (England) Order 2014
The Pensions Act 2014 (Commencement No. 2) Order 2014
The Plant Health (England) (Amendment) (No.2) Order 2014
The Renewables Obligation Closure Order 2014
The Register of Presumed Deaths (Prescribed Information) Regulations 2014
Source: www.legislation.gov.uk
‘Changes to allow children and abuse victims in England and Wales to film their evidence before a trial begins should be brought in “as fast as possible”, a justice minister has said.’
BBC News, 9th September 2014
Source: www.bbc.co.uk
‘An ex-Sunday school teacher who raped and sexually abused young girls under his care has been jailed for 14 years.’
BBC News, 9th September 2014
Source: www.bbc.co.uk
‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’
Zenith PI Blog, 9th September 2014
Source: www.zenithpi.wordpress.com
‘Peter Howes forged the signature of his brother and mother, cashed in life insurance policies and siphoned off the proceeds of the sale of the £1m family home.’
Daily Telegraph, 9th September 2014
Source: www.telegraph.co.uk
‘Neglect contributed to the death of an elderly woman found dying at home nine days after her care agency was shut in a police raid, a coroner has concluded.’
BBC News, 10th September 2014
Source: www.bbc.co.uk
‘A woman has been granted permission to look at court files relating to her father’s adoption to discover the identity of her grandmother, in a ground-breaking judgment that sets a precedent for revealing secret family histories.’
The Guardian, 9th September 2014
Source: www.guardian.co.uk
‘A company has been fined £150,000 after a worker was killed when a crane wheel he was dismantling “exploded like a bomb”.’
BBC News, 9th September 2014
Source: www.bbc.co.uk
Supreme Court
Robertson v Swift [2014] UKSC 50 (09 September 2014)
Court of Appeal (Criminal Division)
Jones & Ors, R, v [2014] EWCA Crim 1762 (16 July 2014)
High Court (Family Division)
King (A Child), Re [2014] EWHC 2964 (Fam) (08 September 2014)
High Court (Commercial Court)
Comau UK Ltd v Lotus Lightweight Structures Ltd [2014] EWHC 2122 (Comm) (27 June 2014)
Source: www.bailii.org
The Gas and Electricity Regulated Providers (Redress Scheme) (Amendment) Order 2014
The Vehicle Excise and Registration (Consequential Amendments) Regulations 2014
The Police (Promotion) (Amendment) Regulations 2014
The Financial Services Act 2012 (Consequential Amendments) Order 2014
The Appointment of Chief Officers of Police (Overseas Police Forces) Regulations 2014
The Police (Amendment) Regulations 2014
Source: www.legislation.gov.uk
Deckmyn and another v Vandersteen and others (Case C-201/13; ECLI:EU:C:2014:2132; [2014] WLR (D) 385
‘The concept of “parody” within the meaning of article 5(3)(k) of Parliament and Council Directive 2001/29/EC was an autonomous concept of EU law and its essential characteristics were to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept was not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; and it should relate to the original work itself or mention the source of the parodied work. However, the application of the exception for parody, within the meaning of article 5(3)(k) of Directive had to strike a fair balance between the interests and rights of persons referred to in articles 2 and 3 of the Directive, and the freedom of expression of the user of a protected work who was relying on the exception for parody and it was for the national court to determine, in the light of all the circumstances of the case, whether the application of the exception for parody preserved a fair balance.’
WLR Daily, 3rd September 2014
Source: www.iclr.co.uk
‘Article 3(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings meant that, where winding-up proceedings were opened in respect of a company in a member state other than that in which it had its registered office, secondary insolvency proceedings could also be opened in respect of that company in the other member state in which its registered office was situated and in which it possessed legal personality. The question as to which person or authority was empowered to seek the opening of secondary proceedings had to be determined on the basis of the national law of the member state within the territory of which the opening of such proceedings was sought pursuant to article 29(b) of the Regulation. The right to seek the opening of secondary proceedings could not, however, be restricted to creditors who had their domicile or registered office within the member state in whose territory the relevant establishment was situated, or to creditors whose claims arose from the operation of that establishment. Where the main insolvency proceedings were winding-up proceedings, the decision as to whether the court before which the action seeking the opening of secondary insolvency proceedings had been brought could take account of criteria as to appropriateness was governed by the national law of the member state within the territory of which the opening of secondary proceedings was sought. However, when establishing the conditions for the opening of secondary proceedings, member states had to comply with EU law and, in particular, its general principles, as well as the provisions of the Regulation.’
WLR Daily, 4th September 2014
Source: www.iclr.co.uk
‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’
WLR Daily, 4th September 2014
Source: www.iclr.co.uk
‘Ministers are to review how payment of the TV licence fee is enforced amid concerns about the number of people appearing in court for evasion.’
BBC News, 9th September 2014
Source: www.bbc.co.uk
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