Section 11 FOIA and the Form of a Request – Panopticon

Posted August 1st, 2014 in electronic mail, freedom of information, news, school admissions by sally

‘In the usual end of term rush, the Court of Appeal has handed down judgment in Innes v Information Commissioner [2014] EWCA Civ 1086 on the provision in section 11 FOIA which allows a requestor to express a preference for communication by a particular means, so long as it is reasonably practicable to give effect to the preference. The issue in Innes was that Mr Innes had requested certain school admissions information and had sent a further email shortly afterwards asking for that information to be supplied to him in Excel format. The ICO, the FTT and the Upper Tribunal had all ruled against Mr Innes, in part relying on the Scottish decision of Glasgow City Council v Scottish Information Commissioner [2009] CSIH 73; [2010] SC 125.’

Full story

Panopticon, 1st August 2014

Source: www.panopticonblog.com

President of Family Division hits out at non-compliance with court timetables – Local Government Lawyer

Posted August 1st, 2014 in case management, delay, family courts, news by sally

‘The President of the Family Division has fired another warning to parties in cases in the Family Court that they are not permitted to amend a timetable fixed by the court without the prior approval of the court.’

Full story

Local Government Lawyer, 31st July 2014

Source: www.localgovernmentlawyer.co.uk

The new conduct and remuneration regime for bankers: “Making individual accountability a reality” – Employment Law Blog

Posted August 1st, 2014 in banking, financial regulation, news, remuneration by sally

‘On Wednesday 30 July 2014, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) released consultation papers relating to individual accountability and remuneration in the banking industry. The changes apply, broadly speaking, to banks, building societies, credit unions and the nine investment firms designated by the PRA.’

Full story

Employment Law Blog, 30th July 2014

Source: www.employment11kbw.com

Shirtmaker Thomas Pink wins infringement case against Victoria’s Secret Pink line – Daily Telegraph

Posted August 1st, 2014 in news, trade marks by sally

Victoria’s Secret could be ordered to withdraw its Pink brand from UK stores after a High Court judge ruled that it could cause a detriment to the repute of Thomas Pink’s mark

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

‘Concern’ over more than fifth of prisons – BBC News

Posted August 1st, 2014 in death in custody, fugitive offenders, news, prisons, statistics, suicide by sally

‘The performance of more than a fifth of prisons in England and Wales is “of concern”, a government body has said.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Six years for woman who texted on two phones before fatal crash – The Independent

Posted August 1st, 2014 in dangerous driving, homicide, news, sentencing, telecommunications by sally

‘A judge condemned motorists who use mobiles while driving as a “plague on society” as he jailed a woman who caused a fatal pile-up after texting and taking calls on two phones while travelling at 70mph.’

Full story

The Independent, 31st July 2014

Source: www.independent.co.uk

Savile estate cash ‘to go to lawyers, not victims’ – BBC News

Posted July 31st, 2014 in charities, compensation, fees, legal profession, news, victims by michael

‘A charity set up by Jimmy Savile has warned a compensation scheme for the sex abuser’s victims could result in millions being paid in lawyers’ fees.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Barristers can be fearless, but they must keep to the rules – The Guardian

Posted July 31st, 2014 in appeals, barristers, disciplinary procedures, inns of court, news, professional conduct, tribunals by michael

‘How fearless can a barrister afford to be when representing a defendant at a criminal trial? That was the question I asked here exactly six months ago. The answer, we learned this week, is not as fearless as Lawrence McNulty was when he represented Munir Farooqi at a terrorist trial in the summer of 2011. A disciplinary tribunal of the inns of court has now convicted McNulty on four charges of professional misconduct arising from Farooqi’s trial, while acquitting the barrister of a fifth’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

‘Toilet phone’ teacher Andrew Eades gets life ban – BBC News

Posted July 31st, 2014 in disciplinary procedures, disqualification, news, teachers, voyeurism by michael

‘A teacher who set his mobile phone to record in a secondary school’s toilets has been banned from the profession for life.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Transgender person’s claim for female state pension rejected by appeal court – The Guardian

Posted July 31st, 2014 in appeals, EC law, gender, news, pensions, sexual orientation discrimination by michael

‘A transgender person’s claim to be entitled to receive the female state pension at the age of 60 has been rejected by the appeal court.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

Kevin Chambers jailed after Llandudno door banging death – BBC News

Posted July 31st, 2014 in harassment, homicide, news, offensive weapons, sentencing by michael

‘A hammer-wielding drug addict has been jailed after a woman suffered a heart attack and died when she was terrorised in her own home.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Driver jailed for killing a man while using two mobiles – The Guardian

Posted July 31st, 2014 in dangerous driving, homicide, news, sentencing, telecommunications by michael

‘A driver who killed a man while using two mobile phones behind the wheel has been jailed by a judge who branded such crimes “a plague on society”.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

George Galloway’s ex-aide discharged over data breach – BBC News

Posted July 31st, 2014 in closed circuit television, conditional discharge, data protection, electronic mail, misfeasance in public office, news, police, sentencing, suspended sentences by michael

‘A former aide to George Galloway MP who admitted obtaining personal data illegally has received a 12-month conditional discharge.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 31st, 2014 in law reports by michael

Supreme Court

Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49 (30 July 2014)

David T Morrison & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd & Ors (Scotland) [2014] UKSC 48 (30 July 2014)

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014)

Court of Appeal (Civil Division

R, Re [2014] EWCA Civ 1110 (31 July 2014)

IG Index Ltd v Cloete [2014] EWCA Civ 1128 (31 July 2014)

Hussein v Secretary of State for Defence [2014] EWCA Civ 1087 (31 July 2014)

Landau v The Big Bus Company Ltd & Anor [2014] EWCA Civ 1102 (31 July 2014)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2014] EWCA Civ 714 (31 July 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor [2014] EWCA Civ 1106 (31 July 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 (31 July 2014)

Young v Anglo American South Africa Ltd & Ors [2014] EWCA Civ 1130 (31 July 2014)

Wagenaar v Weekend Travel Limited (t/a Ski Weekend) [2014] EWCA Civ 1105 (31 July 2014)

MB v Secretary of State for Work And Pensions [2014] EWCA Civ 1112 (31 July 2014)

Rawlinson And Hunter Trustees S.A. & Ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129 (31 July 2014)

Drysdale v The Department of Transport (The Maritime And Coastguard Agency) [2014] EWCA Civ 1083 (31 July 2014)

Buer, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1109 (31 July 2014)

Khan v Royal Mail Group Ltd & Ors [2014] EWCA Civ 1082 (30 July 2014)

Regent Wealth Ltd & Ors v Wiggins [2014] EWCA Civ 1078 (30 July 2014)

Aster Communities Ltd v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014)

Sebastian Holdings, Inc v Deutsche Bank AG [2014] EWCA Civ 1100 (30 July 2014)

Sunico A/S & Ors v Revenue And Customs [2014] EWCA Civ 1108 (30 July 2014)

Browning v The Information Commissioner the Department for Business, Innovation and Skills [2014] EWCA Civ 1050 (30 July 2014)

HM Revenue and Customs v Lloyds TSB Equipment Leasing (No 1) Ltd [2014] EWCA Civ 1062 (30 July 2014)

H, Re [2014] EWCA Civ 1101 (29 July 2014)

Patel v Mirza [2014] EWCA Civ 1047 (29 July 2014)

Lim (An Infant) v Walia [2014] EWCA Civ 1076 (29 July 2014)

Kanu v London Borough of Southwark [2014] EWCA Civ 1085 (29 July 2014)

Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 (29 July 2014)

Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063 (29 July 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)

W (Children) [2014] EWCA Civ 1065 (25 July 2014)

DE v AB [2014] EWCA Civ 1064 (24 July 2014)

CLP Holding Company Ltd v Singh & Anor [2014] EWCA Civ 1103 (31 July 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 31st, 2014 in legislation by michael

The Data Retention Regulations 2014

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

The Immigration and Nationality (Fees) (Consequential Amendments) Order 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 Port Security (Port of Rosyth) Designation Order 2014

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) (No. 2) Regulations 2014

The Diocese of Bath and Wells (Educational Endowments) (Newbridge St. John’s Church of England Infants’ School) Order 2014

The Legislative Reform (Patents) Order 2014

Source: www.legislation.gov.uk

Supreme Court calls time on Greek yoghurt food fight – The Lawyer

Posted July 31st, 2014 in appeals, costs, food, injunctions, intellectual property, news, Supreme Court by michael

‘The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.’

Full story

The Lawyer, 30th July 2014

Source: www.thelawyer.com

Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Browning v Information Commissioner and Another – WLR Daily

Posted July 31st, 2014 in appeals, civil procedure rules, closed material, disclosure, freedom of information, law reports, tribunals by michael

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Ashraf v General Dental Council – WLR Daily

Posted July 31st, 2014 in dentists, disciplinary procedures, disqualification, law reports, professional conduct by michael

Ashraf v General Dental Council [2014] EWHC 2618 (Admin);  [2014] WLR (D) 342

‘Whilst it was not inherently unfair for a regulator to pursue disciplinary charges against a professional where he had been acquitted of substantially the same charges in the criminal courts, that did not mean that there would not be circumstances in which it might well be unfair to proceed.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

MacLeod and others v Gold Harp Properties Ltd – WLR Daily

Posted July 31st, 2014 in appeals, land registration, law reports, rectification by michael

MacLeod and others v Gold Harp Properties Ltd [2014] EWCA Civ 1084;  [2014] WLR (D) 345

‘Paragraph 8 of Schedule 4 to the Land Registration Act 2002 permitted the rectification of the land register where there were two competing derivative interests, the first of which had been mistakenly omitted or removed from the register, the second of which had been created during the period of mistaken deregistration and before the rectification of the register by the restoration of the first interest, so that the priority of the interests was changed in order that the first interest upon restoration was given the priority it would have had but for the mistake.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk