Command Papers – GOV.UK

Posted August 5th, 2014 in parliamentary papers by sally

Transport resilience review: a review of the resilience of the transport network to extreme weather events, Cm 8874

Government’s response to the independent review of the operation of Jobseeker’s Allowance sanctions validated by the Jobseekers Act 2013, Cm 8904

Response to the House of Commons European Scrutiny Committee report 2013-14, Cm 8914

Response to the House of Lords European Union Committee report on the role of national Parliaments in the European Union 2013-14, Cm 8913

Post-legislative assessment of the Health and Social Care Act 2012: memorandum to the House of Commons Health Select Committee, Cm 8909

Post-legislative assessment of the Health Act 2009: memorandum to the House of Commons Health Select Committee, Cm 8908

Effects of treatment and the medical assessment of chronic bronchitis and emphysema (PD D12, chronic obstructive pulmonary disease), Cm 8906

Government response to the House of Commons European Scrutiny Committee Report 43rd Report, 2013–14, HC979, The application of the EU Charter of Fundamental Rights in the UK: a state of confusion, Cm 8915

Country Series: China No 2 (2014), Cm 8911

Insurance Contract Law: Business Disclosure; Warranties; Insurers’ Remedies for Fraudulent Claims; and Late Payment, Cm 8898

Public Expenditure Statistical Analyses 2014 complete document including annexes, Cm 8902

Memorandum to the Energy and Climate Change Committee: Post legislative scrutiny of the Energy Act 2008, Cm 8893

Treasury minutes: progress on implementing recommendations of Public Accounts Committee (July 2014), Cm 8899

Government response to consultation: options for a New Lower Thames Crossing, Cm 8895

Caught red-handed: why we can’t count on police recorded crime statistics, Cm 8910

Source: www.gov.uk/government/publications

BAILII: Recent Decisions

Posted August 5th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pitts & Ors, R. v [2014] EWCA Crim 1615 (31 July 2014)

Watkins & Anor v R. (Rev 2) [2014] EWCA Crim 1677 (31 July 2014)

Loveless & Ors, R v [2014] EWCA Crim 1679 (01 August 2014)

Court of Appeal (Civil Division)

Innes v Information Commissioner & Anor [2014] EWCA Civ 1086 (31 July 2014)

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

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

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

B & Anor, Re [2014] EWCA Civ 1133 (01 August 2014)

PNM v Times Newspapers Ltd & Ors [2014] EWCA Civ 1132 (01 August 2014)

High Court (Queen’s Bench Division)

Al-Waheed v Ministry of Defence [2014] EWHC 2714 (QB) (31 July 2014)

Chweidan v Mischcon De Reya Solicitors [2014] EWHC 2685 (QB) (31 July 2014)

JXL & Anor v Britton [2014] EWHC 2571 (QB) (31 July 2014)

Zurich Insurance Plc v Kay & Ors [2014] EWHC 2734 (QB) (01 August 2014)

Leeds United Football Club Ltd v West Yorkshire Police [2014] EWHC 2738 (QB) (01 August 2014)

High Court (Chancery Division)

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014)

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2014] EWHC 2720 (Ch) (31 July 2014)

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd & Anor [2014] EWHC 2683 (Ch) (31 July 2014)

High Court (Administrative Court)

Silver v Secretary of State for Communities & Local Government & Anor [2014] EWHC 2729 (Admin) (01 August 2014)

High Court (Commercial Court)

Hirtenstein & Anor v Hill Dickinson LLP [2014] EWHC 2711 (Comm) (31 July 2014)

Family Court Decisions (High Court Judges)

A, B, and C (Children : Interim Care Orders ) [2014] EWFC 28 (29 July 2014)

M v B [2014] EWHC 2686 (Fam) (24 July 2014)

High Court (Technology and Construction Court)

Weatherford Global Products Ltd v Hydropath Holdings Ltd & Ors [2014] EWHC 2725 (TCC) (01 August 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 5th, 2014 in legislation by sally

The Offshore Funds (Tax) (Amendment) Regulations 2014

The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014

The Gaming Duty (Amendment) Regulations 2014

The Local Government (Transparency) (Descriptions of Information) (England) Order 2014

The Intellectual Property Act 2014 (Commencement No. 2) Order 2014

The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2014

The Registered Pension Schemes (Accounting and Assessment) (Amendment) Regulations 2014

The Representation of the People (Northern Ireland) (Amendment) Regulations 2014

The Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2014

The Agriculture (Miscellaneous Revocations) Regulations 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2014

The Legislative Reform (Patents) Order 2014

Source: www.legislation.gov.uk

High Court upholds recognition of US arbitral award, but delays enforcement to give losing party opportunity to challenge – OUT-LAW.com

Posted August 5th, 2014 in arbitration, enforcement, news by sally

‘The losing party in an arbitration case decided in the US has been prevented from setting aside recognition of the award in England, but can delay enforcement by the winning party until it has had a chance to challenge the award in the US, the High Court in England has said.’

Full story

OUT-LAW.com, 5th August 2014

Source: www.out-law.com

Weybread ‘magic club’ sex groomer jailed – BBC News

Posted August 5th, 2014 in child abuse, news, sentencing, sexual grooming, sexual offences by sally

‘A 46-year-old man has been jailed for eight years for sexually grooming a boy by claiming he could introduce him into a secret magic club.’

Full story

BBC News, 4th August 2014

Source: www.bbc.co.uk

High Court overturns tribunal’s decision on barrister accused of concealing convictions – Legal Futures

Posted August 5th, 2014 in appeals, barristers, criminal records, disciplinary procedures, news, professional conduct by sally

‘The High Court has quashed the decision of a Bar disciplinary tribunal, which resulted in a barrister being disbarred and fined £3,000 following accusations that he failed to disclose criminal convictions.’

Full story

Legal Futures, 5th August 2014

Source: www.legalfutures.co.uk

Judge says victim statements make ‘no difference’ – Daily Telegraph

Posted August 5th, 2014 in judges, news, parole, victims by sally

‘Judge apologises for comments overheard by bereaved family at a parole hearing but insists their statements cannot affect judgements over prisoners’ risk.’

Full story

Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

Evidence during FOI disputes can be provided in secret, rules Court of Appeal – OUT-LAW.com

Posted August 5th, 2014 in closed material, confidentiality, evidence, freedom of information, news, tribunals by sally

‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 4th August 2014

Source: www.out-law.com

Teenager jailed for life for beating engineer to death in unprovoked cocaine-fuelled attack – Daily Telegraph

Posted August 5th, 2014 in drug abuse, murder, news, sentencing, young offenders by sally

‘Teenager is jailed after he beat an engineer to death while his friend filmed attack on her iPhone.’

Full story

Daily Telegraph, 4th August 2014

Source: www.telegraph.co.uk

Activists complain to IPCC over police efforts to recruit them as informers – The Guardian

Posted August 5th, 2014 in complaints, demonstrations, informers, intimidation, news, police by sally

‘Four campaigners have lodged a complaint with an official watchdog, alleging that they felt intimidated by covert police officers who were trying to persuade them to spy on their political colleagues.’

Full story

The Guardian, 4th August 2014

Source: www.guardian.co.uk

Two men convicted for possessing extreme ‘WhatsApp porn’ that wasn’t viewed – The Independent

Posted August 5th, 2014 in guilty pleas, news, pornography, telecommunications by sally

‘Two men have been convicted for having “truly disgusting” pornographic images on their mobile phones, sent to them through the WhatsApp messaging service, though one claimed he didn’t watch what he was sent.’

Full story

The Independent, 4th August 2014

Source: www.independent.co.uk

Riot damages reforms are questioned by insurers – BBC News

Posted August 5th, 2014 in compensation, criminal damage, insurance, news, police, violent disorder by sally

‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’

Full story

BBC News, 5th August 2014

Source: www.bbc.co.uk

IG Index Ltd v Cloete – WLR Daily

Posted August 4th, 2014 in appeals, civil procedure rules, disclosure, documents, employment tribunals, law reports, practice directions, unfair dismissal by sally

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Innes v Information Commissioner and another – WLR Daily

Posted August 4th, 2014 in computer programs, electronic mail, freedom of information, law reports, school admissions by sally

Innes v Information Commissioner and another [2014] EWCA 1086; [2014] WLR (D) 358

‘Under section 11(1) of the Freedom of Information Act 2000 a claimant requesting information under section 1(1) of the 2000 Act was entitled to stipulate what software format should be used when the information sought was provided to him.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily

Posted August 4th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin); [2014] WLR (D) 356

‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Buer) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (Maries) v Merton London Borough Council – WLR Daily

Posted August 4th, 2014 in appeals, appropriation, judicial review, law reports, local government, public interest by sally

Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357

‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

When is Same-Sex Parenting a Private Fostering Arrangement? – Family Law Week

Posted August 4th, 2014 in children, fostering, homosexuality, local government, news by sally

‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’

Full story

Family Law Week, 31st July 2014

Source: www.familylawweek.co.uk

Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law

Posted August 4th, 2014 in appeals, damages, intellectual property, news by sally

‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’

Full story

NIPC Law, 3rd August 2014

Source: www.nipclaw.blogspot.co.uk

The quasi-trust – The Barristers’ Hub

Posted August 4th, 2014 in constructive trusts, equity, fiduciary duty, limitations, news, Supreme Court, trusts by sally

‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’

Full story

The Barristers’ Hub, 1st August 2014

Source: www.barristershub.co.uk