BAILII: Recent Decisions

Posted August 4th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Grace, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1091 (09 June 2014)

Rotherham Borough Council & Ors, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080 (28 July 2014)

High Court (Queen’s Bench)

Mitchell v News Group Newspapers Ltd [2014] EWHC 2615 (QB) (28 July 2014)

Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 (QB) (29 July 2014)

St Christopher School (Letchworth) Ltd v Schymanski & Anor [2014] EWHC 2573 (QB) (30 July 2014)

Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)

Knauer v Ministry of Justice [2014] EWHC 2553 (QB) (24 July 2014)

Daniel v Secretary of State for the Department of Health [2014] EWHC 2578 (QB) (28 July 2014)

High Court (Chancery Division)

Walsh & Ors v Needleman Treon (A Firm) & Ors [2014] EWHC 2554 (Ch) (25 July 2014)

High Court (Administrative Court)

Krusinina v Prosecutors General Office of the Republic of Latvia [2014] EWHC 2509 (Admin) (23 July 2014)

Professional Standards Authority for Health And Social Care v General Pharmaceutical Council & Anor [2014] EWHC 2521 (Admin) (23 July 2014)

High Court (Family Division)

P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)

AL v DA [2014] EWHC 2632 (Fam) (09 July 2014)

High Court (Technology and Construction Court)

O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC) (28 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v The Serious Fraud Office [2014] EWHC 2597 (Comm) (28 July 2014)

High Court (Patents Court)

Actavis Group PTC EHF & Anor v Pharmacia LLC [2014] EWHC 2611 (Pat) (24 July 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 4th, 2014 in legislation by sally

The Civil Proceedings Fees (Amendment No. 3) Order 2014

The Civil Procedure (Amendment No. 6) Rules 2014

The Inheritance and Trustees’ Powers Act 2014 (Commencement) Order 2014

The Electricity Market Reform (General) Regulations 2014

The Contracts for Difference (Allocation) Regulations 2014

The Electricity Capacity Regulations 2014

The Contracts for Difference (Definition of Eligible Generator) Regulations 2014

The Green Deal (Qualifying Energy Improvements) (Amendment) Order 2014

The Local Audit (Delegation of Functions) and Statutory Audit (Delegation of Functions) Order 2014

The Judicial Appointments and Discipline (Addition of Office) Order 2014

The Port Security (Port of Rosyth) Designation Order 2014

The Data Retention Regulations 2014

The Contracts for Difference (Standard Terms) Regulations 2014

The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations 2014

The Immigration Act 2014 (Commencement No. 2) Order 2014

The Public Bodies (Abolition of Food from Britain) Order 2014

The Armed Forces Act (Continuation) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Mongolia) Order 2014

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014

The Provision of Services (Amendment) Regulations 2014

The Tax Credits (Settlement of Appeals) Regulations 2014

The Judicial Discipline (Prescribed Procedures) Regulations 2014

Source: www.legislation.gov.uk

Register your s.13 notices – NearlyLegal

Posted August 4th, 2014 in amendments, appeals, enfranchisement, housing, leases, news by sally

‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

Posted August 4th, 2014 in breach of trust, compensation, contract of employment, damages, employment, employment tribunals, loans, news, solicitors, unfair dismissal by sally

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

Full story

Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

Church faces legal challenge after blocking job offer to married gay priest – The Guardian

Posted August 4th, 2014 in Church of England, civil partnerships, disciplinary procedures, equality, homosexuality, marriage, married persons, news, sexual orientation discrimination by sally

‘The first priest to marry his same-sex partner is to issue a legal challenge to the Church of England after his offer of a job as an NHS chaplain was withdrawn when his bishop refused the necessary permission.’

Full story

The Guardian, 4th August 2014

Source: www.guardian.co.uk

Jamie McMahon murder: Pair jailed over churchyard killing – BBC News

Posted August 4th, 2014 in murder, news, robbery, sentencing by sally

‘Two men who kicked a snooker club worker to death in a Northampton churchyard have been jailed for life.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk

Consulting on library cuts – Law Society’s Gazette

Posted August 4th, 2014 in budgets, consultations, libraries, local government, news by sally

‘Local authorities proposing sensitive budget cuts inevitably cross minefields laden with lethal legal ordnance. This generally includes volatile consultation and equalities devices. But following the decision of Collins J on 17 July in Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin), consultation may have become more complex.’

Full story

Law Society’s Gazette, 4th August 2014

Source: www.lawgazette.co.uk

Parents accused of ’emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph

Posted August 4th, 2014 in adoption, appeals, care homes, children, learning difficulties, names, news by sally

‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’

Full story

Daily Telegraph, 1st August 2014

Source: www.telegraph.co.uk

Requests for FOI disclosures in particular formats must generally be adhered to, rules Court of Appeal – OUT-LAW.com

Posted August 4th, 2014 in appeals, disclosure, freedom of information, interpretation, news by sally

‘Public bodies must generally adhere to individuals’ requests for information to be provided in a specific electronic format under freedom of information (FOI) laws, the Court of Appeal in London has ruled.’

Full story

OUT-LAW.com, 1st August 2014

Source: www.out-law.com

Spencer v Taylor- Some Analysis – NearlyLegal

Posted August 4th, 2014 in appeals, landlord & tenant, news, notification, repossession, Supreme Court by sally

‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Wikipedia link to be hidden in Google under ‘right to be forgotten’ law – The Guardian

Posted August 4th, 2014 in freedom of expression, internet, news, privacy, statistics by sally

Google is set to restrict search terms to a link to a Wikipedia article, in the first request under Europe’s controversial new “right to be forgotten” legislation to affect the 110m-page encyclopaedia.

Full story

The Guardian, 2nd August 2014

Source: www.guardian.co.uk

Daniel Spargo-Mabbs death: Man jailed for drug supply – BBC News

Posted August 4th, 2014 in drug offences, news, sentencing by sally

‘A man has been jailed for five years for supplying drugs after a 16-year-old boy died at a rave in west London.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk

Bar Standards Board to “research need for accreditation schemes” – Legal Futures

Posted August 4th, 2014 in barristers, complaints, disciplinary procedures, judicial review, news, quality assurance, statistics by sally

‘The Bar Standards Board (BSB) has promised to research “the need for other quality assurance schemes and/or accreditation schemes” so the public can have confidence in barristers.’

Full story

Legal Futures, 4th August 2014

Source: www.legalfutures.co.uk

Family loses fight to keep autistic daughter in Swansea – BBC News

Posted August 4th, 2014 in autism, care homes, disabled persons, families, news by sally

‘A Swansea family has lost its bid to prevent a health board moving their autistic daughter to a specialist unit in Brighton.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk

Independent review urges NHS whistleblowers to speak – Daily Telegraph

Posted August 4th, 2014 in hospitals, inquiries, news, standards, whistleblowers by sally

Sir Robert Francis, head of the Mid Staffs public inquiry, calls for an end to a culture of ‘denial and fear’ as he launches first ever independent review of whistleblowing

Full story

Daily Telegraph, 3rd August 2014

Source: www.telegraph.co.uk

Father cleared of manslaughter of son who died 12 years after he shook him – The Guardian

Posted August 4th, 2014 in children, grievous bodily harm, homicide, news by sally

‘A man who shook his newborn son, causing catastrophic brain injuries said to have led to the child’s death more than a decade later, has been found not guilty of manslaughter following a landmark trial.’

Full story

The Guardian, 1st August 2014

Source: www.guardian.co.uk

Whiplash assessment report fees cut to tackle fake claims – BBC News

Posted August 4th, 2014 in accidents, bills, compensation, fees, fraud, insurance, medical treatment, news, personal injuries by sally

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

Full story

BBC News, 3rd August 2014

Source: www.bbc.co.uk

Legal aid cuts: In the new landscape, it’s the lawyers who could now suffer – The Independent

Posted August 4th, 2014 in barristers, budgets, fees, legal aid, legal profession, news, solicitors by sally

‘Public access work allows barristers to bypass solicitors to gain clients on fixed fees agreed in advance.’

Full story

The Independent, 3rd August 2014

Source: www.independent.co.uk

The death of privacy – The Guardian

Posted August 4th, 2014 in bills, data protection, electronic mail, freedom of expression, intelligence services, internet, investigatory powers, media, news, police, privacy, public interest, telecommunications by sally

‘Google knows what you’re looking for. Facebook knows what you like. Sharing is the norm, and secrecy is out. But what is the psychological and cultural fallout from the end of privacy?’

Full story

The Guardian, 3rd August 2014

Source: www.guardian.co.uk

Rolf Harris challenges indecent assault conviction – BBC News

Posted August 1st, 2014 in appeals, news, sexual offences by sally

‘Entertainer Rolf Harris has applied for permission to appeal against his conviction for indecent assaults, a spokesman for the Judicial Office says.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk