Current Awareness

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

Ballinger and another v Mercer Ltd and another – WLR Daily

Posted July 25th, 2014 in amendments, burden of proof, civil procedure rules, law reports, limitations, negligence, pensions by sally

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 25th, 2014 in law reports by sally

Supreme Court

Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC 46 (23 July 2014)

Court of Appeal (Civil Division)

Airtours Holidays Transport Ltd v Revenue And Customs [2014] EWCA Civ 1033 (24 July 2014)

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

McDonald v McDonald & Anor [2014] EWCA Civ 1049 (24 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

Hart & Anor v Burbidge & Anor [2014] EWCA Civ 992 (22 July 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 1034 (22 July 2014)

Commissioner of Police of the Metropolis v Copeland [2014] EWCA Civ 1014 (22 July 2014)

R (A Child: Habitual Residence), Re [2014] EWCA Civ 1032 (22 July 2014)

Prophet Plc v Huggett [2014] EWCA Civ 1013 (22 July 2014)

B (Child Evidence), Re [2014] EWCA Civ 1015 (22 July 2014)

Court of Appeal (Criminal Division)

Criminal Practice Directions : Amendment No. 2 [2014] EWCA Crim 1570 (23 July 2014)

Criminal Practice Directions : Costs in Criminal Proceedings [2014] EWCA Crim 1570 (23 July 2014)

Stephen Hamilton v R [2014] EWCA Crim 1555 (22 July 2014)

High Court (Administrative Court)

Bhatnagar v General Medical Council [2014] EWHC 2562 (Admin) (24 July 2014)

Bentham, R (on the application of) v HMP Usk and Prescoed & Anor [2014] EWHC 2469 (Admin) (23 July 2014)

X (A Child) [2014] EWHC 2522 (Fam) (23 July 2014)

Dennison, R (On the Application Of) v Bradford Districts Clinical Commissioning Group [2014] EWHC 2552 (Admin) (23 July 2014)

Khan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2494 (Admin) (23 July 2014)

Warners Retail (Moreton) Ltd v Cotswold District Council [2014] EWHC 2504 (Admin) (22 July 2014)

Sumpter, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2434 (Admin) (22 July 2014)

Corrie, R (on the application of) v Suffolk County Council & Ors [2014] EWHC 2490 (Admin) (22 July 2014)

T, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2453 (Admin) (22 July 2014)

Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

High Court (Chancery Division)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

High Court (Commercial Court)

Travis Coal Restructured Holdings Llc v Essar Global Fund Ltd [2014] EWHC 2510 (Comm) (24 July 2014)

High Court (Patents Court)

Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

High Court (Technology and Construction Court)

Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014)

Source: www.bailii.org

Lords agree ‘fundamental dishonesty’ clause – Law Society’s Gazette

Posted July 25th, 2014 in bills, compensation, fraud, fundamental dishonesty, news, personal injuries by sally

‘Peers have agreed to a clause in proposed legislation that gives courts the power to dismiss personal injury claims where the claimant has been “fundamentally dishonest”.’

Full story

Law Society’s Gazette. 24th July 2014

Source: www.lawgazette.co.uk

Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by sally

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

Full story

Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

Catholic Church defrocks 52 priests for sex abuse – BBC News

Posted July 25th, 2014 in child abuse, clergy, disciplinary procedures, news, sexual offences by sally

‘The Catholic Church in England and Wales has defrocked 52 priests for sexual abuse since 2001. The National Catholic Safeguarding Commission (NCSC) also said 465 sexual assault claims were made against clergy members between 2003 and 2012.’

Full story

BBC News, 24th July 2014

Source: www.bbc.co.uk

Police to investigate Cyril Smith child abuse cover-up claims – The Guardian

Posted July 25th, 2014 in child abuse, news, police, sexual offences by sally

‘A criminal investigation is to be launched into an alleged cover-up of child abuse at a school linked to Sir Cyril Smith.The Liberal Democrat politician, who died in 2010, is alleged to have used his status to sexually abuse young boys with impunity at Knowl View School in Rochdale.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

Police chiefs were aware six years ago that undercover unit ‘had lost moral compass’ – The Guardian

Posted July 25th, 2014 in families, firearms, news, police, spying, victims by sally

‘The Scotland Yard undercover unit that gathered intelligence on 18 grieving families was known by police chiefs six years ago to have been so out of control it had “lost [its] moral compass” and become a “force within a force”.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

More than 30 criminal cases involving ‘Fake Sheikh’ to be reviewed in light of Tulisa trial – Daily Telegraph

Posted July 25th, 2014 in Crown Prosecution Service, evidence, news, perjury, prosecutions by sally

‘ More than 30 criminal cases that relied on evidence given by undercover reporter Mazher Mahmood are being reviewed in light of the collapse of the Tulisa Contostavlos drugs trial.
The Crown Prosecution Service is looking again at the cases -as well as three that are still going on – after a judge ended the pop singer’s trial because there were “strong grounds” to believe the Sun reporter had lied in court and manipulated evidence.’

Full story

Daily Telegraph, 24th July 2014

Source: www.telegraph.co.uk

Chicken factory probe ordered by health secretary – BBC News

Posted July 25th, 2014 in environmental health, food hygiene, news by sally

‘An investigation into allegations of hygiene failings at poultry processing factories has been ordered by Health Secretary Jeremy Hunt.’

Full story

BBC News, 25th July 2014

Source: www.bbc.co.uk

Knife in bra killer Katie Jenkins jailed for manslaughter – BBC News

Posted July 24th, 2014 in guilty pleas, homicide, news, sentencing by sally

‘A woman who stabbed a businessman in the neck in his car has been jailed for eight-and-a-half years.’

Full story

BBC News, 24th July 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 24th, 2014 in legislation by sally

The Human Medicines (Amendment) (No. 2) Regulations 2014

The Health Care and Associated Professions (Indemnity Arrangements) Order 2014

The Public Service Pensions Act 2013 (Commencement No. 5) Order 2014

The Housing (Right to Buy) (Limit on Discount) (England) (Amendment) Order 2014

The Export Control (Syria Sanctions) (Amendment) Order 2014

The Local Justice Areas (No. 2) Order 2014

The Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014

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

The Diseases of Swine Regulations 2014

The Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 2014

The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Institute of Chartered Accountants in England and Wales) Order 2014

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014

The Legal Services Act 2007 (Approved Regulator) Order 2014

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2014

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2014

The European Union (Definition of Treaties) (Convention on International Interests in Mobile Equipment and Protocol thereto on matters specific to Aircraft Equipment) Order 2014

The Double Taxation Relief and International Tax Enforcement (Japan) Order 2014

The Double Taxation Relief and International Tax Enforcement (Iceland) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

K, Re [2014] EWCA Civ 905 (15 July 2014)

M & Ors v Suffolk County Council [2014] EWCA Civ 942 (15 July 2014)

KS v Neath Port Talbot County Borough Council & Ors [2014] EWCA Civ 941 (15 July 2014)

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

M-F (Children) [2014] EWCA Civ 991 (15 July 2014)

Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd & Ors [2014] EWCA Civ 958 (16 July 2014)

Premier Telecom Communications Group Ltd & Anor v Webb [2014] EWCA Civ 994 (16 July 2014)

High Court (Queen’s Bench Division)

Tata Consultancy Services Ltd v Sengar [2014] EWHC 2304 (QB) (11 July 2014)

Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)

Environment Agency v Hughes & Ors [2014] EWHC 2484 (QB) (21 July 2014)

DSD & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 2493 (QB) (23 July 2014)

Diamond Jewellers Ltd v Mittal (t/a Mittal Trading Co) [2014] EWHC 2395 (QB) (21 July 2014)

Symes v St George’s Healthcare NHS Trust [2014] EWHC 2505 (QB) (23 July 2014)

VS v The Home Office [2014] EWHC 2483 (QB) (22 July 2014)

Cartus Corporation & Anor v Sidell & Anor [2014] EWHC 2492 (QB) (24 July 2014)

High Court (Chancery Division)

The Charity Commission for England and Wales v Framjee & Ors [2014] EWHC 2507 (Ch) (22 July 2014)

Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 2498 (Ch) (22 July 2014)

Lilley v Euromoney Institutional Investor Plc & Anor [2014] EWHC 2364 (Ch) (16 July 2014)

Bank of Scotland Plc v Waugh & Ors [2014] EWHC 2117 (Ch) (21 July 2014)

Cohen v Teseo Properties Ltd & Anor [2014] EWHC 2442 (Ch) (18 July 2014)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

Source: www.bailii.org

Regina (LD and others) v Secretary of State for Justice – WLR Daily

Posted July 24th, 2014 in human rights, law reports, prisons, stop and search, women by sally

Regina (LD and others) v Secretary of State for Justice [2014] WLR (D) 333

‘The policy contained in Prison Service Instruction (PSI) 67/2011 of targeted strip-searching of women prisoners was not in breach of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

Digital Economy Act copyright regime shelved by UK government – OUT-LAW.com

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

Full story

OUT-LAW.com, 24th July 2014

Source: www.out-law.com