George Galloway’s ex-aide discharged over data breach – BBC News
‘A former aide to George Galloway MP who admitted obtaining personal data illegally has received a 12-month conditional discharge.’
BBC News, 31st July 2014
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49 (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)
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)
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)
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
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 Legislative Reform (Patents) Order 2014
Source: www.legislation.gov.uk
Supreme Court calls time on Greek yoghurt food fight – The Lawyer
‘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.’
The Lawyer, 30th July 2014
Source: www.thelawyer.com
Kanu v Southwark London Borough Council – WLR Daily
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
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
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
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
In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily
In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101; [2014] WLR (D) 343
‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
Regina v Martin (Dwain) and Another – WLR Daily
Regina v Martin (Dwain) and Another [2014] WLR (D) 341
‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’
WLR Daily, 25th July 2014
Source: www.iclr.co.uk
Charity Commission for England and Wales v Framjee and Another – WLR Daily
‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily
‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph
‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’
Daily Telegraph, 31st July 2014
Source: www.telegraph.co.uk
Council chief reprimanded over use of n-word – BBC News
‘The deputy leader of Powys Council has been “severely reprimanded” for using racially offensive language at a council meeting.’
BBC News, 31st July 2014
Source: www.bbc.co.uk
‘Sobriety tags’ to be worn by offenders of alcohol-linked crime in pilot scheme – The Guardian
‘People who repeatedly commit alcohol-related crime will be forced to wear ankle tags that monitor whether they are still drinking, under a year-long pilot scheme.’
The Guardian, 31st July 2014
Source: www.guardian.co.uk
Judge rules seriously ill boy, 13, can be treated against mothers beliefs – Daily Telegraph
‘A seriously ill teenager can be treated with blood products even though his mother is unable to consent because of her religious beliefs, a High Court judge has ruled.’
Daily Telegraph, 30th July 2014
Source: www.telegraph.co.uk
Essex village green challenge rejected by High Court – OUT-LAW.com
‘A legal challenge against Essex County Council’s refusal to register a piece of land as a town or village green, protecting it from development, has been rejected by the High Court.’
OUT-LAW.com, 30th July 2014
Source: www.out-law.com
Police launch scheme for victims to choose punishment – Daily Telegraph
‘A Police and Crime Commissioner has launched scheme to allow victims to decide how criminals should be punished. ‘
Daily Telegraph, 30th July 2014
Source: www.telegraph.co.uk
Private copying exception plans face possible legal action following parliamentary sign off – OUT-LAW.com
‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’
OUT-LAW.co, 30th July 2014
Source: www.out-law.com
